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Dui Defense Probable Cause

One defense used in DUI cases is that the police did not have or had a lack of probable cause to arrest the defendant for DUI. DUI marijuana In order for the police to charge or arrest a defendant with the crime of DUI, they must have probable cause to believe that the Defendant committed a DUI. This typically happens under the following scenario. The police officer is on routine patrol and he sees the defendant driving a motor vehicle on a roadway. He then sees the defendant commit a driving infraction. AT this point in time the officer has probable cause to stop the defendant for a vehicle violation. The officer then meets the defendant. The defendant has blood shot eyes, alcohol on his breath and admits to drinking two beers. At this point the officer now has reasonable suspicion that the defendant is driving drunk and can ask him to submit to field sobriety tests. The officer then gives the defendant field sobriety tests and the defendant fails. At this point the officer clearly has probable cause to arrest the defendant for DUI and to ask him to submit to a blood test.

There are scenarios where a DUI defense exists when the police lack probable cause to arrest a defendant for the crime of DUI. AN example of this might be where a defendant is driving a vehicle and commits a vehicle infraction-such as speeding.  IPP programThe officer attempts to pull him over, but the defendant flees and a high speed chase occurs. The officer catches and stops the defendant and immediately arrests him for fleeing and eluding the police. Subsequent to the arrest, the officer smells alcohol on the defendants breath and decides to charge the defendant with DUI and asks him to submit to a blood test. Under this scenario there was no evidence that the defendant was operating his vehicle under the influence. Make sure to contact an experienced Chester County DUI attorney to discuss your case.

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