The Correlation of Probable Cause to DUI Charges

One of the most common kinds of criminal charges is a DUI which stands for driving under the influence. However, just because it is common doesn’t mean that the process is always fair.

The scene is pretty easy to imagine. You could be driving through a stretch of road and then, suddenly, you see the lights from the rear view mirror and you’re getting asked to pull over. Suddenly, the police officer in question asks for you to do a sobriety test and there is alcohol found in your system.

You could then be charged with DUI and for something like this to be on your record could be catastrophic for potentials either professionally or educationally. In some situations, any criminal record can even affect you socially as there are some people who are denied the ability to adopt a child or rent an apartment somewhere if there is something on the record.

However, for as common as something like this charge can be, it isn’t always lawful. According to samples of claims and cases that are in the website of Truslow & Truslow, Attorneys at law, probable cause is necessary to be legally suspected. Sometimes, it is prejudice – racial or with regard to gender – that some people are unlawfully pulled over and suspected of DUI, just because it is one of the most common charges.

There are ways to combat a charge like this and erase it from your record when the charge in question was unwarranted in the first place. Has the officer who apprehended you shown signs of prejudice? Were the breathalyzers or other paraphernalia regularly checked and maintained? Was the blood alcohol level beyond the legal limit? And, one of the most important questions to ask, was there reason to suspect you of driving under the influence—otherwise known as probable cause?

Can I Be Unlawfully Charged with DUI?

It is one of the worst things that can happen to you: to be charged with driving under the influence (DUI). It is a criminal offence that can mean both a fine as well as jail time. However, those are not the only consequences as it will also affect your record and that can have disastrous consequences, even if no accident even occurred. A criminal record of any kind will affect you negatively but there is hardly anything quite like being charged with a DUI charge.

For example, if you are given a DUI charge, your license might be revoked for an extended period of time and that is difficult to live with, this day and age where driving is practically essential to be a part of modern society. However, as common as DUI charges can be, there are also claims of cases where the driver in question was unlawfully charged with a DUI.

A Columbia DUI lawyer may point out that in order for a person to be lawfully charged with DUI, there must be probable cause. If there was no such cause then the charge can be questionable. Another such claim from people who have been unlawfully charged with DUI is that they were suspected to be under the influence when, in reality, they were simply a bit ill or were suffering from an allergic reaction. There might not even have been alcohol present at all.

It is important that if you, or someone you know, is pulled over and suspected of driving under the influence, it is important to cooperate with the officer in charge but to also know your rights as a free citizen. It is during these situations that one is recommended to fully exercise their constitutional right to remain silent as well as their right to an attorney.