While police officers in Georgia have numerous powers at their disposal, these are not unlimited. To stop a driver on suspicion of driving under the influence, the suspicion of the officers must be reasonable. For example, the driver may have been swerving, speeding or behaving in other unusual ways.
Reasonable suspicion, however, is not enough for an arrest. To arrest a suspect, officers must have probable cause. Here are some examples of probable cause in DUI cases.
Failing roadside tests
When pulled over, a driver may be asked to complete a series of tests. Field sobriety tests include the horizontal gaze nystagmus test, the walk-and-turn test and the one-leg stand test. Failing any of these tests could give officers probable cause for arrest. It is important to note that field sobriety tests are not obligatory.
Unlike field sobriety tests, breathalyzer tests are obligatory. A driver can face legal penalties for refusing these tests. Should the driver have 0.08% or higher blood alcohol content, this gives officers the probable cause needed to make an arrest.
Other examples
There are several other examples of probable cause. First, if the driver admits to drinking, this could amount to probable cause. This is also the case if the driver is slurring their words, falling over, has bloodshot eyes or smells like alcohol.
Officers cannot search a vehicle without probable cause. However, they are entitled to use evidence that is in plain view. Thus, if officers can see empty alcohol containers on the inside of the car, this could count as probable cause.
DUI charges are serious. They can impact your personal life and your career. That’s why it’s so important to seek legal guidance.