WHAT IS PROBABLE CAUSE AND HOW CAN IT HELP YOU CHALLENGE A DUI ARREST?

by Van Den Heuvel Law Office

If you have been arrested for driving under the influence (DUI) in Michigan, you may be wondering what constitutes probable cause and how it can help you challenge the evidence against you. It is important to understand the concept of probable cause as it relates to a DUI arrest, as this can be a powerful tool in your defense. Keep reading to learn more about how probable cause applies to a DUI arrest and how an experienced DUI lawyer can help challenge any evidence against you. 

What Constitutes Probable Cause?

Probable cause is the legal standard used by police officers when making an arrest. In order for a police officer to make an arrest, they must have probable cause.  Probable cause is a reasonable belief that someone has committed or is committing a crime. This means that before making an arrest, a police officer must observe enough facts or circumstances that would lead them to believe that the person has committed or will commit a crime. 

In terms of DUI arrests, this means that officers must observe signs of impairment such as slurred speech, bloodshot eyes, difficulty maintaining balance, odor of alcohol on breath, or other clues indicating intoxication before they can make an arrest. Without these signs of impairment, the police cannot legally make an arrest without first having probable cause. 

How to Minimize DUI Evidence Against You

One way to minimize any evidence against you if you are facing DUIs charges is to learn your rights and know when your rights are being violated by law enforcement officers. For example, if the arresting officer does not have probable cause for your arrest, then any evidence obtained during the stop may be considered invalid and could potentially be used in your defense in court. Therefore, it is important to understand what constitutes probable cause so that you can protect yourself from any potential violations of your rights by law enforcement officers during a traffic stop or DUI investigation.  

Challenging Evidence in a DUI Arrest

Another way to challenge evidence collected during a traffic stop or investigation is to consult with an experienced DUI criminal defense attorney who understands Michigan’s laws regarding DUI arrests and investigations. Your lawyer will be able to review all the facts surrounding your case and determine if there was any violation of your rights or lack of proper procedure on behalf of law enforcement officials during their investigation into your alleged offense. Your lawyer may also be able to negotiate with prosecutors on your behalf so that any potential evidence obtained illegally can be excluded from court proceedings. This could potentially result in reduced charges, or dropped charges altogether, depending on the circumstances of your case. 

Understanding what constitutes probable cause for a DUI arrest can help you protect yourself from violations by law enforcement officers during their investigation into suspected DUIs. If you are facing charges related to driving under the influence, it is important that you consult with an experienced criminal defense attorney who understands Michigan’s laws regarding DUI arrests and investigations so that they can help ensure that all legal procedures were followed correctly and provide effective representation throughout court proceedings if necessary. With proper legal guidance, those facing DUIs may be able to reduce their charges or get their cases dismissed entirely, depending on the facts of their case.

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