Featured News 2014 Can You Be Arrested for a DUI Based on a Police Statement?

Can You Be Arrested for a DUI Based on a Police Statement?

In traditional DUI arrests, the officers are required to take a blood or breath test and determine your BAC before they can arrest you for a crime. This makes it possible for them to prove your BAC when you go to court to fight your case. In some states, the police can arrest in individual for a DUI based solely on the observations of a law enforcement officer.

If the officer suspects that a driver is slurring his or her words and has bloodshot, red eyes, then he or she could be arrested or charged with a DUI based on these observations. Normally, this occurs when a driver is severely injured in a collision and appears to be drunk. If the suspect is too hurt to take a blood or breath test, then the police will have to use their observations in order to make the charge.

The police complete the arrest based on reasonable suspicion. This means that if they have a reasonable belief that you committed or were about to commit a crime, they can take action. This is normally known as "probable cause" and is considered sufficient evidence to charge you with a crime. Essentially, this offense will pit your words against an officer's words in the court.

Still, probable cause can be erroneous. If you are arrested for DUI when you were in fact sober, you may be able to argue this in court and then seek compensation from the officer that completed the arrest. You can search for video surveillance of the police confrontation or can look for statements made by other witnesses who may have seen you after the accident.

Also, most police officers have dashcams that record their arrests and confrontations. If you can evidence that the police did not follow proper procedure or lied to make a case against you, you will be able to seek justice in the case. Don't hesitate to contact a skilled DUI lawyer near you today using this directory!

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