When someone has been charged with DUI, they often believe that because
they failed their blood alcohol content (BAC) test, they have already
been "caught" and must submit to a guilty plea. This may be
true some of the time, but practiced, vigilant counsel can be capable
of making another determination that could potentially invalidate the
entire case against the accused. This determination involves the lack
of probable cause.
Simply put, probable cause is observable evidence that law enforcement
must cite as their reasoning for taking action against a citizen. In terms
of DUI cases, probable cause occurs in any number of ways.
Typical forms of probable cause in DUI cases include:
- Erratic driving (swerving, lane drift, etc.)
- Failure to obey traffic signs/lights
- An accident on the road
"How can I fight this?"
If you believe there was no probable cause to pull you over before your
DUI arrest, it is possible to file a motion to suppress, which could result
in a dismissal of your case. However, even in these instances, it can
be difficult to secure a dismissal: essentially, these cases become the
accused's word against the arresting police officer's.
What can help support a motion to suppress? Witnesses to your driving can
help establish what your driving behavior was actually like. These can
include both passengers or other drivers or pedestrians who may have seen
you driving. In rarer cases, security or traffic footage may be used to
dispute behavior the officer claims to have seen you conduct before the
Challenging probable cause in a DUI case can be difficult, but should always
be explored as a possible strategy by a dedicated and experienced Miami
DUI defense attorney. At
Beckham Solis, Attorneys at Law our team has more than 50 years of combined experience in this dynamic
practice area and know how to recognize when citing lack of probable cause
is a viable option for your DUI charge.
Know your defense options. Contact us today to request a
free case evaluation.