Seattle DUI Attorney | Probable Cause

Inside the world of DUI law, probable cause is everything. It is mandatory for a official detention, and everything cops do, particularly when it comes to DUI accusations, is done to build an adequate amount of proof to substantiate probable cause. But what is probable cause? It is a bit of an amorphous thing, never having a bright line definitive state of being. As one celebrated Supreme Court Justice put “I comprehend it when I see it.” Now hear it explained from a Seattle DUI attorney.

Before I embark on my depiction of probable cause, particularly as it relates to DUI accusations, I want to highlight that this commentary is for educational purposes. If you are charged with a DUI please get in touch with a Seattle DUI attorney for discussion on your particular set of circumstances. Do not rely on this as legal advice, as each case is so factually diverse particular guidance is essential.

Probable cause is generally viewed as a mixed problem of law and fact. It requires significant substantiation and a legal conclusion of probable cause. Extensive facts requires “a sufficient quantity of support in the record to sway a fair-minded, rational individual of the accuracy of the determination.” It is the who, what, when, and where of the analysis.

For example, let’s pretend we have a man driving around in Seattle subsequent to having drank more than a few beers. He is pulled over by a police officer for speeding – 37 in a 25. He is otherwise driving ordinarily, including pulling off to the side of the street in a sensible manner. At this time there probably is no probable cause for DUI, though there is probable cause for speeding. But what if when the officer approaches the driver he notices a strong odor of booze and his eyes were watery and bloodshot. This may grow to the amount of extensive facts of DUI.

The subsequent prong of probable cause is whether the details substantiate a legal finding of probable cause. Essentially, do the facts as known support a logical belief that a crime has been committed. In this set of circumstances, perhaps so, maybe not. Individuals are permitted to drink and then drive (just not when impaired by booze), and the watery eyes may be explained away by something else.

So, what if the cop then asks the driver to perform field sobriety tests (which you are able to and ought to at all times refuse to do in the State of Washington) and he does, failing to tap his finger to his nose, failing to balance on one leg, and failing to meet heel to toe in a walk and turn check? Is that sufficient for an cop to extract a rational conclusion that the driver was driving under the influence of alcohol? Perhaps. It is definitely a stronger situation for the cop (although not definitive – injuries and weather circumstances may have been a factor, for example).

Now, why is this central for you, the average Seattle voter? Because it is vital to recognize that each time a officer stops you and begins to question you he is not worried with your safety (except in those obvious conditions) and is generally attempting to gather sufficient information from you to verify probable cause. And it is even more crucial to comprehend it is within your Constitutional rights to refuse to give him data he will in the end bring into play against you (although you must present your license, registration, and act courteously to the officer).

If you do find yourself likely to be apprehended for criminal, speak to the cops as little as possible by saying no courteously (“I’d respectfully refuse to answer that problem”) and if things continue to heat up ask to have a minute to speak to your Seattle DUI attorney. Even if they get you to say stuff your Seattle DUI lawyer will have a good chance of getting it thrown out (you must never waive our rights, for your information).

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