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DUI and probable cause

On Behalf of | Feb 4, 2020 | Drunk Driving |

Spending time with friends is a commodity in your overextended life. You may have a few drinks, lose yourself in the moment and not think about the repercussions waiting down the road.

Police in Nebraska remain diligent in taking dangerous drivers off the road, and after a few drinks, you may fall into that category. However, the police must adhere to rules when stopping anyone they suspect is driving under the influence. We know how stressful a DUI stop is, and we strive to provide the most relevant information on what the police can and cannot do. The first element is probable cause for the stop. Understanding what it entails may mean the difference between freedom and a criminal charge.

Probable cause is more than a gut feeling

Before the police can stop a driver they suspect of drinking and driving, they must have another reason to do so. An officer can only stop a driver is there is concrete evidence of a crime. This may consist of a traffic infraction such as a failure to yield to a traffic control device or failure to maintain the lane of travel. This gives the officer probable cause for the stop.

Reasonable suspicion after the stop

Once an officer stops you, a DUI investigation may move forward. When under the influence of alcohol or drugs, you may exhibit signs you do not realize, such as the inability to speak coherently. You may also have the odor of alcohol on your breath or clothing. Once the office is face to face with you, the criminal investigation into a DUI truly begins.

If you find yourself charged with a DUI, getting help with the process may prove beneficial. Gain more insight into how the process should work by following this link.