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Is this a probable cause to arrest?

On Behalf of | Oct 10, 2020 | Firm News |

Montana residents like you want to know as much as possible about how officers in the state handle DUI suspicions at traffic stops. This understanding is crucial to how you can defend yourself against accusations.

For example, you can understand what a field sobriety test is and how the courts view results. You can also understand more about probable causes to arrest.

How your behavior may be used against you

FieldSobrietyTests.org looks at definitions of probable causes to arrest. These are clues that officers find during the administration of another sobriety test. They base the clues off your behavior and personality. In some, an officer may glean this information simply by observing you outside of tests and in regular conversation.

These clues supposedly point toward the use of alcohol. However, it is not an exact science. As such, the court does not take it as strong evidence. But it is often enough for an officer to arrest you over, which is where the biggest problem rests.

Some of the biggest “clues” officers look for include slurred speech, red eyes and the smell of alcohol. All three are often indicators of the consumption of alcohol.

Probable causes are not foolproof

But there are reasons for these things that do not relate to alcohol, too. For example, allergies may cause red eyes. Health conditions often result in speech impediments. Also, an officer cannot tell through the smell of alcohol alone what your blood alcohol content (BAC) level is. For these reasons, a probable cause to arrest is just that. It gives an officer a reason to make an arrest, but does not serve as solid evidence against you.