What does it take to arrest someone for DUI?
I heard from a friend that, one of his college roommates was arrested for DUI. I've taken one law class, so by no means am i an expert, but doesn't the police officer have to build probable cause to arrest someone. In this situation, the driver had a single car accident in a rural area where know ...
I heard from a friend that, one of his college roommates was arrested for DUI. I've taken one law class, so by no means am i an expert, but doesn't the police officer have to build probable cause to arrest someone. In this situation, the driver had a single car accident in a rural area where know one saw the acciedent, but the acciedent did occur in front of some country farm house. so the peolpe of the house called 911 one they heard the crash. There are several witnesses of the driver after the accident. None of the home owners, EMT, firefighters ask the driver if he had been drinking, but the police officer does ask the driver. the driver states that he a had a couple of drinks early in the day. now, that the driver is being checked out by EMT personal the police officer only conducts one sobriety test. after completion of the HGN test the officer arrest him for DUI. Is this enough probable cause to arrest?
in the police report there is not mention of slurred speach, balance issues, just the smell of alcohol on his breath and the failed HGN test. what if the HGN test was addminstered in the ambulance?
also the accident occured where there has been multiple accidents before?
Admission of drinking, and to be able to show impairment is enough grounds for arrest. Sometimes one test is more than sufficient.
In Wisconsin before a police officer may make a warrantless arrest for operating under the influence of alcohol the officer must possess probable cause to believe that the person was driving or operating a motor vehicle on a public roadway and at the time of driving or operating the defendant’s ability to drive safely was impaired by the consumption of alcohol or that the defendant had a prohibited blood-alcohol concentration. Whether probable cause exists in any given situation is a legal determination made by a judge following an evidentiary hearing at which the arresting officer must testify concerning the facts he had in his possession at the time of the arrest.
If someone identified the defendant as the driver, that gives probable cause that the defendant drove the vehicle.
Depending on the circumstances of the crash (and one car accident in a rural area is a suspicious circumstance) and the performance of the defendant on a field sobriety test, you might have probable cause.
The HGN is one of the Standardized Field Sobriety Tests. The Standardized Field Sobriety Tests are three tests that have been scientifically tested by the National Highway Traffic Safety Administration. Those three tests are approved by NHTSA because in the scientific analyis of those tests, there was a very high degree of corroboration between a failing score on the tests and a BAC above .10 (which was then the legal limit, .08 is the curret legal limit).
Thus, if the driver failed the HGN, most courts would find it to be a valid arrest (and some would even without the HGN based on details of the accident).
EDIT:
The additional facts brings it closer, but the key thing to remember is that the issue is the "totality of the circumstances." Every fact pointing against impairment brings it closer to the line but probable cause is something significantly less than proof beyond a reasonable doubt. Your friend needs to talk with his attorney (not with you since you are not a licensed attorney) and decide whether, in light of whatever the state is offering, he should fight the case or take the plea.
Takes a cop. The courts figure out the rest.
The answer is "probable cause". Probable cause is defined as specific articulable facts to support a suspicion that a crime has occurred, so you’d have to see the police report or what the officers reported as probable cause to know the second answer to your question about whether they had enough probable cause to arrest.
The solution to challenging insufficient probable cause is to bring a motion to suppress evidence.