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Sometimes, police have no probable cause in DUI cases

On Behalf of | Feb 3, 2022 | Drunk Driving

Recently, we featured a blog post discussing some of the mistakes DUI defendants can make that might harm their case. Police officers are human, too, and are also susceptible to making mistakes.

Some of the errors of police officers revolve around the probable cause standard, which must be present before an arrest on DUI charges in Upper Marlboro, Maryland. When these mistakes occur, do not hesitate to use them to defend yourself from a conviction.

Two DUI arrest situations to consider

The mission of the police is noble—they ensure compliance with the law and help keep dangerously intoxicated motorists off the streets. However, they are not infallible and can make unwarranted DUI arrests based on what they may believe is probable cause. Examples of DUI arrests made based on questionable probable cause include the following:

  • The DUI arrest occurred at your home. Say the police show up on your doorstep and arrest you for DUI based on witness statements or descriptions only. Since they did not witness you driving under the influence, it may be possible to challenge probable cause for the arrest.
  • The police saw you leave a bar and arrested you. To have probable cause, the police officers must see possible signs of DUI before stopping and arresting you. Merely leaving the bar does not support probable cause unless the officers also witnessed possible DUI behaviors (driving too slow or erratically, for example).

The DUI laws in Maryland are complex, and the associated penalties are harsh. However, learning more about these laws and the probable cause standard may help you find a way to defend yourself from conviction.