Pennsylvania Probable Cause Defenses

Have you recently been arrested and charged with driving under the influence (DUI) in Pennsylvania? DUI is a serious crime, and the punishments are quite severe. Even for a first offense, you may be sentenced to fines, community service, driver's license suspension, and even jail time.

If you are in this situation, all is not lost. There are many defenses that can be used against a DUI charge. For example, were the field sobriety tests administered properly? Was the breath-testing machine properly maintained and/or calibrated? And most of important of all, did the arresting police officer have probable cause to pull you over?

The Constitution's 4th Amendment states that law enforcement agents cannot search or seize a person and/or property without probable cause. This amendment also guarantees our freedom and keeps us safe from an invasion of privacy.

If you are pulled over on suspicion of drinking and driving, the police officer must have a reason, or probable cause, to stop you. The police officer must see you breaking the law before he or she may pull you over. The officer cannot pull you over for an arbitrary reason, such as your race.

What if the officer did not have probable cause to stop you? If the officer pulled you over without a reason, your DUI case may be dismissed. However, if the officer pulled you over because one of your headlights was out, and notices signs of drunk driving, such as the smell of alcohol or open alcohol containers, he or she may begin a DUI investigation.

There are several ways that an officer can determine probable cause. The first is to witness a crime firsthand. Another is to receive information from a reliable source. This may include a witness, a news conference, or information from a dispatcher on the scanner. After there is enough circumstantial evidence, the officer may then begin a DUI investigation.

Did the officer involved in your arrest have probable cause to pull you over? If not, please call our Pennsylvania DUI Defense Attorneys. We have many years of experience in handling DUI cases similar to yours. Our defense team will closely examine the facts of your case to determine the defense strategy that is right for you.