Probable Cause and DUI Arrests
What is Probable Cause?
In the realm of criminal law, “probable cause” is a critical legal standard that governs when law enforcement officers can make an arrest, conduct a search, or obtain a warrant. It is a higher threshold than reasonable suspicion and requires a reasonable belief, based on factual evidence, that a person has committed, is committing, or is about to commit a crime. Probable cause serves as a safeguard against arbitrary or unjustified intrusions by the government, protecting individuals' rights under the Fourth Amendment of the U.S. Constitution.
For those facing DUI charges in Nevada, understanding the concept of probable cause is essential. It not only impacts the initial stop but also the subsequent arrest and collection of evidence. Attorney Josh Tomsheck of Hofland & Tomsheck, a nationally board-certified criminal trial lawyer and former Chief Deputy District Attorney in Clark County, Nevada, has extensive experience in challenging DUI arrests that lack probable cause. This page will explore what probable cause is, how it is applied in DUI cases, and why it is crucial to have an experienced defense attorney on your side.
Defining Probable Cause
Probable cause is the standard by which police officers determine whether they have sufficient grounds to make an arrest, search a person or vehicle, or obtain a warrant. It is defined as a reasonable belief, based on factual evidence, that a person has committed a crime. Unlike reasonable suspicion, which allows for brief investigative stops, probable cause requires a higher level of evidence and is necessary for more significant intrusions, such as arrests and searches.
The U.S. Supreme Court has long upheld the importance of probable cause as a protection against unreasonable searches and seizures. In Brinegar v. United States (1949), the Court stated that probable cause exists when the facts and circumstances within an officer's knowledge are sufficient to warrant a person of reasonable caution to believe that an offense has been or is being committed. This standard is flexible and based on the "totality of the circumstances," meaning that all the information available to the officer at the time is considered in determining whether probable cause exists.
Key Elements of Probable Cause
To fully understand probable cause, it is important to break down its core elements:
Reasonable Belief: Probable cause is based on what a reasonable person would believe under the circumstances. It requires more than a mere suspicion but does not demand absolute certainty. The officer must have a reasonable belief, supported by facts, that a crime has occurred or is about to occur.
Based on Facts and Evidence: Probable cause must be supported by concrete facts and evidence. This could include observations of illegal behavior, statements from witnesses, or the presence of contraband. The evidence must be specific and relevant to the crime in question.
Totality of the Circumstances: Courts assess probable cause based on the totality of the circumstances. This means that they consider all the information available to the officer at the time, rather than isolating a single fact or action. The combination of various pieces of evidence can collectively establish probable cause.
Objective Standard: The determination of probable cause is based on an objective standard, not the subjective beliefs of the officer. This ensures that the evidence is evaluated based on what a reasonable officer would believe in the same situation.
Probable Cause in DUI Arrests in Nevada
In Nevada, DUI enforcement is taken very seriously, and officers are trained to identify and stop drivers suspected of being under the influence of alcohol or drugs. However, for an arrest to be lawful, the officer must have probable cause to believe that the driver is impaired. Understanding what constitutes probable cause in a DUI case is essential for mounting a successful defense.
Establishing Probable Cause for a DUI Arrest
Probable cause for a DUI arrest typically arises from a combination of factors observed by the officer during the initial traffic stop. These factors may include:
Observation of Driving Behavior: The officer may observe erratic driving behavior such as swerving, speeding, or failing to obey traffic signals. These behaviors alone, however, are generally not sufficient to establish probable cause. They may justify the initial stop but must be supplemented by additional evidence.
Interaction with the Driver: After stopping the vehicle, the officer will interact with the driver and look for signs of impairment. These signs may include the odor of alcohol, bloodshot or watery eyes, slurred speech, or difficulty following instructions.
Field Sobriety Tests (FSTs): If the officer suspects impairment, they may ask the driver to perform field sobriety tests. These tests are designed to assess the driver's coordination, balance, and cognitive function. Poor performance on these tests can contribute to probable cause.
Preliminary Breath Test (PBT): The officer may use a preliminary breath test to estimate the driver's blood alcohol concentration (BAC). Although the results of this test are not admissible in court, they can help establish probable cause for an arrest.
Totality of Evidence: Probable cause for a DUI arrest is established by the totality of the evidence gathered during the stop. This means that the combination of the driver's behavior, physical signs of impairment, performance on FSTs, and the results of a PBT can collectively provide the officer with probable cause to make an arrest.
Challenging Probable Cause in DUI Cases
One of the most effective defenses against a DUI charge is to challenge the legality of the arrest by arguing that the officer lacked probable cause. If the arrest was made without probable cause, any evidence obtained as a result, including breath test results or blood test results, may be suppressed in court. This can significantly weaken the prosecution's case and potentially lead to a dismissal of the charges.
Attorney Josh Tomsheck meticulously examines the circumstances surrounding each DUI arrest to determine whether the officer had a valid basis for the arrest. This includes reviewing the officer's observations, the administration of field sobriety tests, and the results of any preliminary tests. If there is reason to believe that the officer did not have probable cause, Josh will file motions to suppress the evidence and challenge the validity of the arrest.
Why Probable Cause Matters in Your DUI Defense
Understanding probable cause and its application in DUI cases is crucial for protecting your rights. An arrest made without probable cause violates your Fourth Amendment rights and can provide grounds for challenging the charges against you. Josh Tomsheck, with his extensive experience as both a prosecutor and a defense attorney, is well-equipped to scrutinize the evidence and identify any weaknesses in the prosecution's case.
If you are facing DUI charges in Nevada, it is essential to have a knowledgeable and skilled attorney by your side who understands the complexities of probable cause and DUI defense. Don't leave your future to chance—contact Josh Tomsheck and the team at Hofland & Tomsheck today. Our dedicated team is committed to providing the highest level of legal representation, ensuring that your rights are protected at every stage of the process. Call us now at 702-895-6760 to schedule a consultation and take the first step toward a strong defense.
