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Could A DUI Case Be Dismissed For Lack Of Probable Cause Even If The Driver Was Intoxicated?


Even if a driver was intoxicated, the DUI case could absolutely be dismissed for lack of probable cause. This relates to the example I gave to begin with, which had to do with a previous client of mine who had been accused of driving all over the place and making an improper turn. My client ended up blowing a 0.11, so under the law, he was considered to have been impaired, but the judge saw the video and concluded that my client had not been driving all over the place, and therefore determined that the officer had no reason to pull him over. My client was found not guilty.

Can Law Enforcement Establish Reasonable Suspicion For A DUI Stop Even If The Driver Was Not Driving?

Law enforcement can establish reasonable suspicion for a DUI stop even if the driver was not driving. If an officer came upon someone who was sleeping in their car, it would be that officer’s job to investigate and make sure that that person is okay. If an officer comes upon an accident, then they should immediately talk to the people who were involved. The bar for probable cause after an accident is actually lowered quite a bit. If there is any odor of alcohol after an accident, then that’s enough probable cause to arrest for a DUI. It’s right in the statute. If you’re involved in an accident with any alcohol, it lowers the standard as to how under the influence you have to be, and you are required at that point to take a breathalyzer test or else receive a summary suspension for a year.

A judge would probably say, “Look, you signed up for your license and when you got it, you signed a piece of paper called “implied consent’.” A lot of people don’t look at it that carefully but implied consent means that you’re agreeing that if it’s in the court’s opinion that an officer had probable cause to ask you to take the test, then you will take on the consequences of not taking the test. If you take the test and blow over, there are severe consequences. If you refused to take the test and the judge finds that there was probable cause, then you have doubled your severe consequences.

What Is The Difference Between Reasonable Suspicion And Probable Cause?

There isn’t any set definition of or demarcation between reasonable suspicion and probable cause; it is always going to be the judge’s call. There is a lot of leeway in those definitions.

For more information on Lack Of Probable Cause In A DUI, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

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