Probable Cause: A Defense For Drunk Drivers?

So you’ve been arrested for drunk driving and it looks pretty bad. The officer did some field sobriety tests on you and you didn’t pass, and the Breathalyzer test wasn’t exactly in your favor either. You feel doomed. However, all hope is not lost. In fact, because of the legal theory of probable cause, with the help of an Atlanta DUI lawyer it’s quite possible that you could avoid conviction.
To arrest someone, a police officer must have probable cause that the person committed a crime. “Probable cause” means that a reasonable and cautious person would deduce that the preponderance of evidence was that the person committed the crime they’re being arrested for. For instance, a police officer is not allowed to pull someone over for being of a race that the police officer thinks commits many crimes; but they are allowed to pull someone over for speeding. rnTo pull you over for drunk driving, the police officer must have a reasonable suspicion that you committed a crime. What counts as reasonable suspicion can get very complicated, but basic traffic violations are often cited. For instance, a car that has a broken tail light may be pulled over. rnThe officer may request that you perform field sobriety tests or submit to chemical testing, but only if there’s a reasonable suspicion that you’ve been drinking. For instance, strange behavior from the driver, a strong smell of alcohol or an open alcohol container in the vehicle may all lead to reasonable suspicion of a DUI that will lead to the performance of a field sobriety test or a chemical test. Only if you fail a test do they have probable cause to arrest you—and if they didn’t have enough reasonable suspicion to have the test in the first place, then there wasn’t probable cause.rnIf you think you may have been arrested without probable cause, call an Atlanta DUI lawyer today. An Atlanta DUI lawyer has experience in helping people arrested for drunk driving without probable cause and will figure out if your case has merit. If it does, she or he will be able to defend your Constitutional rights and protect you from police officers who overstep their boundaries. rnThe Ford Law Firm, led by Tom Ford, has practiced criminal defense law for ten years in the Atlanta area. It prides itself on customer service: the phones are always picked up by a real person and every client has Tom Ford’s personal cell phone number. With an understanding of the system and a working relationship with the prosecutor, the experienced, intelligent attorneys at the Ford Law Firm work for you. Contact them at 404.693.850 or 404.574.4409 (fax) or online at www.thefordfirm.com.