DUI - Probable Cause to Stop/contact a Driver
Riverside, San Bernardino, Los Angeles & Orange County DUI Criminal Lawyer & Attorney
The basis for probable cause in most
cases is a California Vehicle Code
violation. This means an officer will
have stopped you based on his/her personal
observation of you driving in a manner
that violates one or more sections
of California’s Vehicle Code (ex. speeding,
weaving between different lanes, unsafe
lane changes, headlights off at night,
expired registration, illegal window
tint, no front license plate, etc…).
There are also situations wherein an
officer may contact you even if he/she
has not observed any illegal driving.
Some examples:
- A third party may call 911 to report erratic driving behavior which leads the caller to the belief that the driver may be under the influence and he/she provides make/model of the car, license plate number, location, etc…
- An officer can approach a car stopped on the side of a freeway and question the driver regarding possible mechanical or medical problems.
- If an officer is called to or comes upon a traffic accident, he/she can contact those involved.
- A hit and run was reported and an officer is looking for a vehicle that matches a certain description/license plate number or is going to the home of the registered vehicle owner.
Regardless of how you are contacted, once an officer is given probable cause to do so, if he/she thereafter believes they observe objective symptoms of alcohol intoxication (such as the odor of alcohol on your breath/person, slurred speech, red/watery/bloodshot eyes, trouble standing/walking, etc…), they can conduct a full DUI investigation.
