Mishlove & Stuckert, LLC Attorneys at Law

DUI and Lack of Probable Cause

Feb 5, 2019 @ 08:30 PM — by Andrew Mishlove
Tagged with: Drunk Driving Owi Probable Cause

Here at Mishlove & Stuckert, LLC, we understand the seriousness of driving under the influence (DUI)/operating while intoxicated (OWI) charges. They come with stiff penalties, possible jail or prison time, and can have a negative effect on your current life and livelihood. That’s why we fight diligently for the people of Wisconsin, helping them know their legal rights.

Sometimes a driver’s legal protections are violated because they are arrested without probable cause. Let’s take a moment to explore these matters and how they apply to DUI/OWI arrests.

“Probable Cause” Defined

Probable cause refers to instances in which a police officer has sufficient reason based on facts to believe that a crime has occurred or that a crime is in progress. Probable cause is necessary for a police officer to make an arrest without first obtaining a warrant. In the context of drunk driving charges, an officer would need probable cause to pull a motorist over, perform a sobriety test, and then make an OWI arrest based on the outcome of the sobriety test.

Situations in Which There Is Probable Cause

Some common situations in which there would be probable cause for a drunk driving stop and subsequent sobriety testing may include:

Lack of Probable Cause Examples

Even though the above seems relatively cut and dry, there are many instances of drunk driving arrests being made without probable cause. Some examples of this may include the following:

How a Drunk Driving Defense Lawyer Can Help

A drunk driving defense lawyer will be familiar with the granular matters of probable cause. They can help determine if your civil rights and protections were violated. If so, a drunk driving attorney can fight to reduce charges or have them dropped entirely based on the nature of your arrest.

Contact Our Team of OWI Lawyers

For more information about your legal rights and options following a potentially unjust OWI charge, be sure to contact our team of drunk driving defense lawyers. The legal team at Mishlove & Stuckert, LLC is here to fight for you. You can reach our Milwaukee office by phone at (414) 206-6912, our Oshkosh office at (920) 212-7248, our West Bend office at (262) 239-4499, and our Waukesha office at (262) 330-1733.