5 Types of Probable Cause for DUI Traffic Stops

Although the facts will differ among all cases of drunk driving arrests, there is a general guideline that police officers use to determine probable cause in a DUI traffic stop. Continue reading to learn what signs and clues law enforcement look for to establish probable cause in a drunk driving arrest and what to do if you were recently charged with a similar offense in Indiana.

DUI Lawyers Indianapolis IN 317-636-7514
DUI Lawyers Indianapolis IN 317-636-7514

Reasonable Suspicion for Traffic Stops

When it comes to DUI traffic stops, it is important to understand the difference between reasonable suspicion and probable cause. In all cases of traffic stops, whether a driver has been drinking alcohol or not, law enforcement must have reasonable suspicion that a driver has committed a traffic violation or infraction before pulling them over. Once pulled over, law enforcement must then establish probable cause to make an arrest.

In order for a police officer to legally arrest a person for a DUI, there must be probable cause, which is evidence that supports an officer’s reasonable belief that a driver is intoxicated, or under the influence of a drug or controlled substance.

Reasons You Might Have Been Pulled Over for Drunk Driving

Both reasonable suspicion and probable cause can be a means to a DUI arrest. Police officers can use either principal, or both, to conduct a legal traffic stop and establish an arrest. The types of probable cause or reasonable suspicions can vary depending on each situation of intoxicated driving. However, these are the top 5 reasons why police officers pull people over and arrest them for drunk driving:

Traffic Violations

Traffic violations are one of the top reasons why people are pulled over, regardless of alcohol involvement. Common traffic violations include expired license plates, illegal U-turns, illegal parking, failure to use turn signals, ignoring traffic signs, running red lights or stop signs, and most recently, texting and driving.

Reckless Driving

Poor driving is another common reason why police officers pull people over. If a person is exhibiting bad or reckless driving, a cop can legally pull them over to conduct a traffic stop. Examples of reckless or bad driving include speeding, following too closely, failing to yield, ignoring traffic signs, driving too slow, and similar risky behaviors.

Car Accidents

Speaking of risky behaviors, law enforcement can use the occurrence of a car accident to establish reasonable suspicion to question a driver. Whether you are at fault for a car accident or not, police can question you, and if it comes down to it, arrest you for a DUI. They would need to make some observations to establish a legal basis for arresting you, though. See below to learn more.

Mid-Stop Observations

Once a police officer has pulled a driver over, they can continue their investigation by keeping their eyes open for tells or signs that a person has been drinking alcohol or using illicit drugs. A cop can establish probable cause and make a DUI arrest if they smell alcohol on your breath, hear you admit to having a drink earlier, see alcohol containers in your car, catch you in a lie, and more. Other signs that officers use as evidence of drunk driving include slurred speech, glossy or red eyes, dilated pupils, slowed movements, incoordination, insubordination, crying, and hostility.

BAC Testing

To really seal the deal and come in with some valid evidence to support their reasonable suspicion and probable cause, law enforcement relies on field sobriety testing and blood-and-alcohol (BAC) testing. Also known as chemical testing, a breathalyzer is one of the most common devices used during traffic stops to determine a driver’s level of alcohol in their system, and therefore, reveal how much they’ve had to drink within a 24 hour time period.

The legal limit is 0.08 percent BAC. If you blow this or more, you will be arrested on DUI charges. Upon being arrested, and with your consent, law enforcement will request to have your blood drawn and tested to confirm a precise BAC value.

Field sobriety testing is another strategy used by law enforcement to establish probable cause for a DUI arrest. Walking the line, touching the nose, and following the pen with the eyes are typical phases of a field sobriety test.

Were you recently arrested for a DUI or similar offense in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for aggressive and skilled DUI criminal defense in Indianapolis, Indiana. Our teams work around the clock to reduce or dismiss your DUI penalties and avoid jail!

Related Posts:

What You Should Do if You are Pulled Over for a DUI
Top Myths About Breathalyzer Tests
What You Can and Can’t Legally Do When Stopped By a Cop

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Examples of Unlawful Search and Seizures

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

The Fourth Amendment of the United States Constitution gives citizens the right to be free of unlawful or unreasonable searches and seizures by law enforcement officials. In fact, this very search and seizure law is one of the trademarks of our country’s criminal justice system. It means that police and other forms of law enforcement must have a good reason to legally search a person or their property, as well as, seize personal belongings or make an arrest.

“Good reason” is established when police identify tangible evidence or facts that leads them to believe a person is committing, has committed, or intends to commit a crime. This is also referred to as probable cause. If sufficient probable cause is present during a police encounter in a place where privacy is not expected, a search and seizure is not deemed unreasonable, therefore, it is not illegal. Places where privacy is not expected include anything that is in plain view or public, such as the front seat of a car, disposed garbage, and public places.

Places where privacy is expected: private residence, hotel room, trunks of cars, luggage, and even a closed telephone booth. To help understand what is legal and what’s not, continue reading for some examples of unlawful search and seizures.

Traffic Violation Stop

Janet is pulled over for speeding. The officer learns that her license and suspended and she does not have auto insurance coverage for the vehicle. For this reason, he must have the car impounded. During a legal vehicle impound, an officer is allowed to conduct an inventory search of the contents of the vehicle. But the search must be conducted according to standard police regulations and procedures. The officer asks Janet to step out of her vehicle and stand in front of his squad car.

She exits her vehicle, taking her purse with her, and follows his orders. As she is standing in front of the police car holding her purse, the cop instructs her to place her purse in the trunk of her car instead. Now that the purse is in her vehicle, the police officer uses the opportunity to search the contents of her purse as part of the inventory search. As a result, he finds a small amount of marijuana in her purse, and then he arrests her on drug possession charges.

Later, the court finds that: 1) the search did not comply with the standard regulations for an inventory search, 2) the defendant had her purse outside of the vehicle when the officer instructed her to place it back inside, and 3) there was no evidence of criminal traffic violation, only standard traffic infractions. Since the courts ruled that the search was unlawful, the evidence found during the search was dismissed. And although the impounding and inventory search were legal, the search of her purse was not. So in the end, Janet was not charged with drug possession.

Noise Disturbance Call

Amy is fighting with her live-in boyfriend Dan. Neighbors call the police to report the noise. By the time the police arrive, Amy and Dan have calmed down and reconciled. They consent to letting the police inside their living room to discuss the calls from neighbors and to confirm that there isn’t a problem. The responding officers so not see anything illegal around the immediate areas of the apartment.

But as the couple is questioned by one officer, the other cop continues to search the rest of the apartment, opening cabinets and closet doors. In the back bedroom closet, the officer finds a stash of prescription-grade medication that is not prescribed to Amy or Dan. They seize the drugs and make the arrests.

Later, the courts find that the police officers unlawfully searched their home, so any evidence found during the unlawful search was dismissed. So neither Amy nor Dan was criminally charged. This is because law enforcement did not have a warrant to search the rest of their property. Cops could only make an arrest in this situation had they found evidence of a crime in plain sight. Law enforcement cannot open drawers and cabinets, search in closets, lift furniture, or implement an type of excessive search of a property without permission.

Call a Lawyer for Help

The laws surrounding our fourth amendment and search warrants is very complex, and differs from case to case. With so many details that can influence whether or not a search and seizure is lawful, it is important to consult an experienced criminal defense lawyer to learn your rights, as well as, the facts surrounding your case.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you were recently searched and arrested by police, and you believe it was unreasonable or illegal. He offers aggressive Indianapolis criminal defense, and stops at nothing to protect your rights and preserve your freedoms. Our law firm offers free initial consultations to discuss your criminal charges and a strategy for defense. Call 317-636-7514 to schedule an appointment with an experienced criminal defense attorney in Indianapolis, IN today.

What is Probable Cause?

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

In the criminal law world, the term “probable cause” is heard often. Perhaps you have heard it in crime movies or police shows as well, but have never really understood its meaning. Well today, we will discuss the meaning of probable cause in the criminal justice world, and how it can play a role in a person’s criminal charge and subsequent conviction. Use this information to protect yourself from an arrest in the future.

A Legal Standard

There are several factors that influence an officer’s level of authority in a situation, but probable cause is one that plays a major role. Probable cause is a legal requirement that must be present or met in order for a police officer to make an arrest, conduct a search (personal or property), or obtain a warrant. Probable cause is facts or evidence surrounding a situation that would lead a “reasonable” person to believe a suspect has committed a crime. Indiana Code § 35-33-1-1 fully-outlines the details of this legal standard.

Examples of Probable Cause

The most common examples of probable cause start with our senses. If a police officer sees, hears, or smells anything that is a sign of a particular crime, they may use it as probable cause. For instance, if a police officer stops a vehicle for a routine traffic violation, perhaps a burnt-out tail light, they can proceed with an investigation if they see an open alcoholic container in the driver’s cup holder. In the same scenario, if the officer smells a strong scent of marijuana or other drug, they can also use that evidence as probable cause to search the vehicle.

In another example, if a tells the police officer that they had a few drinks at the bar, the cop could use that information as probable cause to breath test or implement a field sobriety test. Scenarios that are not considered probable cause include speeding, broken taillights, expired vehicle registration, loosened or crooked license plate, and other routine traffic violations. Also, in order for a police officer to search your private property, they must have a search warrant. However, police do not need a search warrant to search your vehicle if they have sufficient probable cause to do so.

Indianapolis Criminal Defense

David E. Lewis Criminal Defense Attorney

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing criminal charges in Indianapolis, Indiana or its surrounding counties. He provides aggressive criminal defense, and will fight for your rights, and stop at nothing to protect your freedoms. Call 317-636-7514 to schedule a free initial consultation today.