Probable Cause for Arrest In DUI Cases

The probable cause required for a DUI arrest must be based on indicia of being under the influence - not mere evidence of alcohol consumption.

The United States Supreme Court analogized probable cause to whether at that moment the acts and circumstances within the police officer's knowledge and of which they had reasonably trustworthy information were sufficient to warrant a prudent person into believing that the accused had committed or was committing an offense.

For example, Ohio courts have found no probable cause to arrest by merely appearing to be too drunk to drive.  In State v Finch, the court found no probable cause to arrest a suspect pulled over by an officer for DUI when there was no evidence that the officer witnessed any impaired motor coordination on the part of the suspect driver, even when the suspect smelled of the odor of alcohol, had bloodshot eyes, slurred speech, and a flushed face.

For additional information, see:  Beck v Ohio, 379 U.S. 89, 91 (1964), State v Finch, 24 Ohio App. 3d 38 (12th Dist. Brown County 1985)

Post by Lexington Kentucky Attorney Stephen J. Isaacs,  Isaacs Law Office,  Kentucky DUI Defense Lawyer.