A drunk driving defense attorney might be your only chance for a reasonable outcome in your DUI case. The first step to understanding the long process ahead of you is to learn how it started. There are a few factors that come into play when a cop decides to make an arrest for a DUI. They must have probable cause to make an arrest. Some lawyers can argue that a cop did not have probable cause or a good reason to pull over a car in the first place.
What is Probable Cause?
Looking at the root of everything, probable cause means that the police officer has reason to detain a person. For many people who have not been arrested before, or are not familiar with police processes this can be confusing.
The Fourth Amendment says that “no warrants shall issue, but upon probable cause” and that is about it. There is not a clear definition for what counts as probable cause. In some cases this causes problems but in many DUI cases, it can help the defendant.
A Hunch
Many people feel better knowing that the cop cannot just pull them over on a feeling or a hunch. The officer also can’t say that the driver simply “looked suspicious.” These are not legal reasons to pull anyone over.
For illegal stops, a lawyer can help you. The easiest solution these instances is for a lawyer to file a motion in an effort to suppress evidence. With this motion, an attorney may be able to stop any informaiton from the traffic stop, including a breathalyzer or field test.
Unfortunately for many drivers, it is not easy to prove that the cop did not have a reason to pull you over. You need information that is usually kept private. Hiring an attorney is the best way to use this defense.
Is There Probable Cause for a DUI?
The good news is that a cop must have had probable cause to detain you for a DUI charge. A DUI defense lawyer in Indianapolis can even argue that they needed probable cause to pull you over.
What usually counts as probable cause? Although there is no solid legal guide, lawyers will draw on many real-life cases to show did or did not count in the past.
A cop can use any sign that the driver is not adhering to traffic laws or safety regulations as a reason to pull someone over. This can include speeding, swerving, changing lanes unsafely and more.
The “tells” of a drunk driver often show how cops can detect them on the road. The primary concern is that the police identify and intervene in unsafe situations.
When it comes to an actual DUI though, there are other factors to consider. Often a cop will use your appearance, speech, or smell to assume you are drunk.
That is not enough to arrest you for a DUI. Appearances can be misgiving. Distraught drivers often also have red eyes. Tired drivers often also have trouble handing over papers without dropping them.
How An Indiana DUI Attorney Can Help
An attorney can help you explain your side of things. Were you actually driving under the influence? When you were pulled over were you driving safely?
Without a DUI lawyer in Indiana, it is simply your word against the word of a police officer. Clearly, the judge will take their side and give little thought to anything else.
A lawyer can help assess why the cop thought that you were drinking. They can also help you look into the results of your field sobriety test and any breath or blood tests.
Often cops will go straight to a breathalyzer as any driver in IN, has given implied consent. While you do have the result to deny some tests, it can have terrible consequences.
Refusing blood, breath or urine tests might help your case to argue that the cop did not have probable cause. However, doing so will almost definitely result in a suspended license. The refusal of a test could also be put against you during your court hearings.
Hire an Indianapolis DUI Lawyer Now
If you have an impending DUI case you need help. It’s likely that unless you were part of a DUI checkpoint that you could have some help from reviewing probable cause.
A knowledgable DUI lawyer can help you learn how Indiana laws affect your case. If the officer really had no reason to pull you over, then your rights were violated. They can help you detect these instances. Contact the Rathburn Law Office P.C. for immediate help in reviewing your situation today.
