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What is a probable cause to arrest?

On Behalf of | Apr 15, 2020 | DUI |

When Minnesota residents come under suspicion of DUI, how do officers test them? They have several tools in their arsenal that they may use. Some include tests like the blood alcohol content or breath test.

Other tools include observation and a keen eye for probable causes to arrest. Today we will look at some of these probable causes. We will see how officers use them to make arrests.

What are probable causes to arrest? lists what an officer may consider a probable cause to arrest. These signs are specific to DUI related cases. A probable cause to arrest is not definitive proof that someone is guilty of a crime. But it is condemning enough that an officer can provide an argument why they arrested you.

In the case of DUI related crimes, officers rely on several things as probable causes to arrest. Three stand out above the others. This includes red eyes, slurred speech and the smell of alcohol. All three of these things are potential signs of intoxication. Many people get red or glassy eyes after drinking. Likewise, studies show that alcohol has a significant impact on speech pattern. Finally, the strong smell of alcohol on a person may show they recently imbibed.

Why are these causes not airtight?

But none of these signs are definitive proof of guilt. For example, allergies can cause a person’s eyes to redden. Speech disorders or anxiety may cause someone to slur their words when sober. Even the smell of alcohol cannot prove that someone is over the legal alcohol limit. For these reasons, officers often use these signs as a precursor to more testing.

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