| Most drunk driving cases start out with a contact | | | | (head light, tail light, muffler) or expired registration |
| between the driver of a motor vehicle and a | | | | will provide the necessary reason to pull a driver |
| police officer. While the police have the right to | | | | over. A driver involved in an accident or in a car |
| approach and speak with any citizen, they do not | | | | blocking the roadway may also give the officer |
| have the right to detain and investigate a citizen | | | | the right to detain and investigate. |
| unless they have "probable cause". | | | | It is therefore important to discuss with the dui |
| Probable cause is the legal reason an officer needs | | | | attorney the manner of driving. If the driver was |
| to detain and investigate. If the dui attorney can | | | | acting legally, or if the officer did not see the |
| show to the judge the officer did not have | | | | driver actually operate the vehicle, the case may |
| probable cause, the case can be dismissed. | | | | be dismissed. Not only does the officer need |
| Most detentions begin with the officer pulling over | | | | probable cause to detain and investigate, there |
| a driver who has committed a vehicle code | | | | must also be a legal reason to arrest. The officer |
| infraction. The common reasons alleged by the | | | | will make his decision to arrest based on two or |
| police are based on poor driving - speeding, | | | | three factors: his observations, the field sobriety |
| weaving within or outside the lane, running of a | | | | test, and in some jurisdictions, a breath test |
| stop sign or red light. However, faulty equipment | | | | conducted in the field. |