Legal terminology isn’t something the average person is familiar with, but yet everyone is expected to know the law. It’s this juxtaposition that brings us to question “probable cause” and what it means the case of your DUI charge.

This is a legal phrase meaning that the police had to have a valid reason for searching your vehicle or arresting you for intoxication. If they just arrested you without probable cause, your lawyer can attempt to get your DUI charge thrown out of court and you’d walk free. With the use of dash cams and body cams on most police vehicles and officers, your defense attorney can look at copies of the videos. The lawyer would look to see where the officers determined they had reason to arrest you. 

Probable cause comes as a result of part of the 4th Amendment which talks about your rights from illegal search and seizure of your belongings, person, and/or home. If there is no provable probable cause, your rights were violated and you have the right to have your DUI charge dismissed. It’s up to the arresting officers to prove that they had a valid reason to make an arrest.

If your lawyer proves that the police did not have probable cause (e.g., no open alcohol containers, just bagged and closed containers), you may not have to live with a DUI. Of course, the judge might not negate any breathalyzer or blood tests for alcohol and other substances in your blood. In that case, you may still have a small fine or get off with a warning on your record. It just determines what other factors are present in your case and what your defense attorney can do with the facts.

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