For a DUI arrest to happen, police officers need to have a reasonable belief that you were driving while drunk or high. This means they must see or notice something that makes them believe you are impaired.
For example, if the officer sees you driving erratically—like swerving between lanes or speeding—they might think you are under the influence. Other signs could include having trouble using your headlights or making sudden stops without reason.
Even if you are pulled over, the officer can look for signs of impairment, such as the smell of alcohol, bloodshot eyes, or slurred speech. They may also ask if you’ve been drinking and observe how you respond.
In summary, for a DUI arrest, the police need to have clear evidence or behavior that suggests you are not a fit officer. Without probable cause, an arrest may not be valid. Understanding your rights can help you know what to expect if the police stop you.
Understanding Probable Cause
Probable cause means the officer has reasonable grounds to suspect you are impaired. Here are some behaviors that may lead to a traffic stop based on probable cause:
- Erratic Driving: Swerving, weaving, or drifting in and out of lanes.
- Speed Issues: Driving too slowly or quickly or making sudden speed changes.
- Driving Violations: Not using headlights, stopping without cause, or improper signaling.
- Poor Judgment: Engaging in risky behaviors like tailgating or arguing with other drivers.
If you’ve already been pulled over, signs that can indicate probable cause for drinking include:
- The smell of alcohol on your breath
- Bloodshot or you’ve eyes
- Slurred speech
- Admitting to being intoxicated
- Failing field sobriety tests (like the walk-and-turn or one-leg stand)
- Failing a preliminary breath test
Probable Cause and DUI Checkpoints
Virginia law allows DUI checkpoints, but they must follow specific rules. They must be announced beforehand, and police cannot stop every vehicle. Instead, they must use a mathematical method to determine which cars should stop or wait for signs of driver impairment.
Building Your DUI Defense
If you have been arrested for a DUI, one approach to consider is challenging the legality of your arrest. Officers should evaluate the entire situation before making an arrest. For example, a single instance of erratic driving might suggest a momentary distraction. At the same time, multiple incidents, along with slurred speech and failed sobriety tests, would provide more substantial grounds for arrest.
Having an experienced attorney can help strengthen your defense by investigating all available options for your case. The Law Offices of Krum, Gergely, & Oates are dedicated to assisting drivers in avoiding the severe consequences of a DUI conviction. Call us today at (703) 988-3711 or (301) 840-0080 to schedule a free, no-obligation initial consultation.
