California DUI Crackdown Nets 95 Arrests in Monterey County

Police officers generally may stop a driver only when they have "reasonable suspicion" that illegal activity might have occurred.

2012-10-23

October 23, 2012 (Press-News.org) California DUI Crackdown Nets 95 Arrests in Monterey County

California Highway Patrol officers made 95 arrests in Monterey County recently as part of a recent crackdown on driving under the influence. The 18-day initiative, which ended Labor Day at midnight, was part of a statewide effort to cut down on intoxicated driving during the late summer weeks. The next statewide DUI enforcement effort is scheduled to run during the 2012 winter holiday season from mid-December through New Year's Eve. As California law enforcement increases its focus on DUI enforcement, it is important for drivers to understand the laws regarding DUI traffic stops and arrests.

Reasonable Suspicion

As required by the constitutional bar against illegal search and seizure, police officers generally may stop a driver only when they have "reasonable suspicion" that illegal activity might have occurred. In the case of a DUI stop, reasonable suspicion may be provided by signs of impaired driving such as weaving between lanes, driving extremely slowly or nearly hitting vehicles or other objects along the road, suggesting the driver may be under the influence of alcohol.

A DUI arrest may also occur after a traffic stop based on reasonable suspicion of other illegal behavior or traffic violations, such as running a red light or making an illegal turn, or even something entirely unrelated to impaired driving such as driving with a broken taillight. Traffic stops conducted for legitimate reasons unrelated to drunk driving may result in a DUI arrest if the officer develops reasonable suspicion of intoxicated driving after stopping the driver for other reasons. For instance, this may occur if an officer notices that a driver is slurring his or her speech or smells of alcohol during a traffic stop for expired license tabs.

Probable Cause

While reasonable suspicion is enough to legally justify a brief traffic stop and investigation, a higher legal standard applies in the event of an arrest. To arrest a driver on suspicion of DUI, police officers must have "probable cause" to believe that a crime has occurred. This means that the officer has enough evidence to justify the conclusion that a crime has most likely occurred. In the case of a DUI arrest, probable cause is often supplied when a driver fails a field sobriety test or exceeds the legal limit on a breath test.

The distinction between reasonable suspicion and probable cause is subtle, but important. With the controversial exception of DUI checkpoints, which do not necessarily require reasonable suspicion, a DUI charge may be dismissed if police conducted a traffic stop or arrest improperly. Thus, even if the driver was intoxicated, the charges may be thrown out if police stopped the driver without reasonable suspicion or made an arrest without first having probable cause.

For help defending against DUI charges in California, speak with a knowledgeable criminal defense lawyer experienced in DUI cases.

Article provided by Law Office of James H Newhouse
Visit us at http://www.jamesnewhouselaw.com

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