If you found yourself behind bars and charged with driving while intoxicated (DWI), know that your case is not over – it's only just begun. Your criminal defense lawyer will examine the circumstances of your arrest in detail to determine if everything was just and lawful. It all revolves around probable cause so read on to find more about how that issue can affect your ability to be found innocent of your DWI charges.
The First Probable Cause Test: The Stop
DWI arrests often follow a stop. The laws vary from state to state on whether someone can be arrested for being intoxicated while parked in a vehicle. Law enforcement officers must have a reason to stop a vehicle and driver, however, the reason does not necessarily need to be suspicion of DWI. Commonly, those pulled over exhibit certain behaviors, break traffic laws, or have faulty equipment. For instance, any of these issues can cause law enforcement to stop you and they all fall under the heading of probable cause:
- Driving far too slowly given the speed limit, traffic conditions, and the weather at the time. This is, specifically, a red flag for drunk driving behavior.
- Running a stop sign or red light.
- Missing a taillight, headlight, having too much tint, exceeding noise limits, etc.
The below issues, though, do not necessarily show probable cause:
- You are seen leaving a well-known nightclub, bar, music festival, etc.
- You look like someone who could be under the influence. That can include racial profiling, or you might resemble someone the officer has arrested previously.
- You are driving a sports car or an unusual vehicle.
The Second Probable Cause Test: Sobriety Testing
Once you are stopped, law enforcement cannot proceed to administer sobriety tests without probable cause. Here, it must relate to appearing to be intoxicated:
- Open containers of alcohol visible to law enforcement from outside the vehicle.
- The odor of alcohol on your breath.
The below issues, though, may not necessarily constitute reasonable cause to proceed with sobriety testing:
- You appear unfriendly, argumentative, or angry at being stopped.
- You exit the vehicle and accidentally trip on the uneven roadside.
Unfortunately, if you refuse to cooperate with law enforcement, you could face other charges so it's advisable to go along as ordered and comply. However, your lawyer will examine the reports, dashcam and body-worn videos, and more to make sure everything before and during the stop is legal and correct. To find out more, speak to a DWI defense attorney about your case.
