What is probable cause? Probable cause defines how an officer makes a decision, prior to an arrest for our purposes.
For drinking and driving, probable cause might come from many things.
-You might be swerving in and out of lanes.
-You may have been in an accident and have alcohol on your breath.
-You may have run a red light or stop sign.
-You may be seen drinking in your car.
Or you could be breaking standard laws, such as speeding, and the officer makes the decision she has the right to give you a breathalyzer test.
There are of course endless possibilities which lead to a drinking and driving offense.
However, if there is no probable cause, if the officer does not act correctly, if you are treated unfairly, or you are innocent, you can fight in court.
How do you defend a DUI arrest? First, DUI is "driving under the influence" and most states use this for drinking and driving offenses (others use DWI and OWI).
No Probable Cause If a police officer pulls you over for suspected drinking and driving he or she must have a reason for doing so.
Recall the above--you might be swerving between lanes--and note how the officer needs a reason to pull you over.
This is beyond racial profiling, but does include it.
If an officer pulls you over just because of your skin color, sex, or the looks of your car (if it's a very poor condition vehicle), these are illegal reasons to pull you over.
In a court of law, if your attorney can make clear the officer pulled you over with no probable cause, no matter if you were drinking or weren't, the charges will be thrown out.
This is similar to getting a court order to search a house; with the court order, there is no probable cause to search the home no matter if anything is found.
If you believe the reason you were pulled over is because of reasons other than driving, you should immediately consult with a DUI Attorney if you haven't already.
No Miranda There are many other DUI defenses beyond probable cause.
Another important one to consider is the Miranda, the "You have the right to remain silent" warning which must be states prior to any arrest.
If you are pulled over because the officer suspects you're drunk, but he or she does not give you a Miranda warning explaining your legal rights, you can fight this in court.
Who Arrested You and Why? In court, the arresting officer in a DUI case must be clear on what happened.
And during the arrest, she must act correctly.
If you are given an incorrect sobriety test, if you believe the officer did not use the breathalyzer correctly -- these can potentially refute the essential proof of your arrest.
How you Defend a DUI You need a professional DUI attorney in your state and city to consult with.
There is no reason to defend yourself.
Most are willing to work with you for a minor fee in comparison to the damage of a drinking and driving charge.
But some are more experienced than others, so don't just pick from referrals or the first lawyer you find.