Have you ever been pulled over and then been wrongfully accused of something that you did not do? A DUI can be a very serious matter. So, when it comes to a DUI you need to know what has to be done. Especially if you have not done anything wrong when it comes to a DUI. The police have to have probable cause before you should be arrested. Kajioka & Associates Attorneys At Law is here to help you know a little more about the lack of probable cause and give you some examples for DUI arrest.
Police Were Not on the Scene
This type of DUI arrest can happen when the police are not on the scene of an accident. A witness has reported the accident telling the police that the driver was involved and gives them a license plate number. Police run it and then will go to the home of the driver hours later. If the police suspect they are drunk they can be arrested for a DUI. But the problem can be if the driver did not give a statement or admission, there is no probable cause for the arrest. There is nothing the police can do at that time.
Traffic Stop Due to Racial Profiling
This is when a police officer says a person of color was swerving while driving. That person may have been driving in a more populated white neighborhood and the police are saying it is a DUI. You can have a DUI attorney research the disparity or disproportionate ratio of people of color being arrested by officers. Also, for more backup, you can get audio recordings between officers and dispatchers and it can be reviewed for evidence.
Time of Driving
You can’t be pulled over because it is late at night. If you are a driver on the road during the time local bars have just closed, you should not be pulled over because the police think you could have been drinking. In reality, they can’t even pull you over if they saw you leave the bar. Without other grounds to pull the driver over, such as a traffic law violation, the stop could be unlawful.
Do I have to Answer Police Questions During a Traffic Stop?
If you are pulled over and refusing to answer questions this is not enough to legitimize a DUI arrest. Now you can be pulled over and be suspected of a DUI but there has to be probable cause before they can arrest you. They can do a breathalyzer test, fail a field sobriety test, Drugs or alcohol in your possession and you are showing signs of intoxication. The results of these tests will heavily influence the possibility of arrest. But just refusing to answer a question cannot lead to an arrest.
Is the Smell of Alcohol Probable Cause in Nevada?
If you are driving and get pulled over for another reason other than suspected DUI and the police officer smells alcohol. If a police officer arrests someone for DUI without following the correct procedure such as administering a breathalyzer test or questioning etc, this arrest could be unlawful. Once again the police officer has to have probable cause before they can arrest you.