What Is
Probable Cause For A DUI Stop?
If a police
officer suspects that you were driving under the
influence, and pulls you over for that reason, the
officer must have “probable cause” before pulling you
over. There are many things that give a police officer
the necessary probable cause to pull you over legally for
driving under the influence. The most common ones are
listed below.
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Driving on or over the lane
divide
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Drifting into the other
lane
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Making a wide turn
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Making an illegal turn
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Weaving in your lane
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Braking frequently
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Nearly missing an object or
another car
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Driving very slowly, generally
more than 10 mph below speed
limit
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Swerving
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Driving with your headlights
off
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Not making turn signals, or
making inappropriate turn
signals
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Stopping in the middle of the road
for no
reason
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Accelerating or decelerating
too
quickly
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Following another car too
closely
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Of course,
just because a police officer pulled you over for the way you
were driving does not necessarily mean that you were driving
drunk. As we will see, providing a non-alcohol related
explanation for your driving—while it will not help you while
you are on the road with the officer—may be crucial in both
your license suspension hearing and your criminal case if you
are charged with a DUI.
There are other things that
can give a police officer probable cause to initiate a DUI
Investigation. If he officer suspects that you were
driving under the influence, he will be looking for sufficient
reason to arrest you. From the moment the officer lays eyes on
you he will observe your demeanor and smell the air in the car
for any traces of alcohol. The police officer will look for a
number of traditional indicators of intoxication, including,
but not limited to:
- Odor of
Alcohol
- Bloodshot
Eyes
- Watery Eyes
- Slurred
Speech
- Flushed
Face/Complexion
- Lack of
Coordination
The bottomline is that an experience police officer will
know what he has to say in his report as well in his testimony
to establish that he had probable cause to intiate a DUI
investigation.
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