According to the “search and seizure” laws in Nevada, “reasonable suspicion” and “probable cause” are necessary for police officers to stop and/or arrest you. However, both of these terms are quite varying in their definitions.
Although both terms may mean that the officer needs to prove they had enough cause to stop and search you, there are subtle differences to be noted.
- Reasonable Suspicion: The officer must have this to pull you over to investigate you for drunk driving. This sometimes prevents officers from pulling you over, as they can’t do so without a proper reason. Improper reasons may include bias against your race or guesswork. Thus, without any specific facts, an officer cannot stop a driver.
- Probable Cause: An officer must have this to arrest you for DUI. It means that a rational justification is required for a DUI arrest. These may include failing the field sobriety tests because you are too drunk, stoned, or having a BAC above .08%.
The breath and field sobriety tests are often the way officers can show probable cause. However, defense attorneys can render the results inadmissible by proving that the officer had no reasonable suspicion to administer these tests or any others that might have followed.
In fact, Bourassa Law Group lawyers can file a motion to suppress the evidence based on an illegal traffic stop or arrest. This makes lack of probable cause or reasonable suspicion a powerful defense in court. If the judge agrees to suppress the evidence, it can lead to dismissed or reduced charges, often to reckless driving.
When Can an Officer Pull Me Over for a DUI?
For an officer to be able to pull over a motorist, reasonable suspicion is required. The reasonable suspicion must be regarding a criminal activity that the Nevada law enforcement officer suspects of the defendant. This doesn’t have to be driving under the influence. In fact, any traffic violation is enough for them to pull you over.
Reasonable suspicion can include something as minor as expired tags; they must prove that they had enough reason to stop your vehicle. It is important to note that DUI checkpoints do not follow these requirements.
At a DUI checkpoint, also known as a sobriety checkpoint, stopping traffic without reasonable suspicion does not violate the Fourth Amendment as long as the officers conduct a fair and unbiased evaluation.
The Requirement for Reasonable Suspicion Before a DUI Investigation
An important instance where reasonable suspicion may be required is before the Nevada DUI investigation. This usually follows a traffic stop or a stop at a sobriety checkpoint. In this case, every phase of the DUI counts.
Different phases follow varied standards for proceeding. For example, Nevada police officers can stop you if they see a broken taillight, but since that does not prove that you are under the influence, they can’t ask you to proceed with the tests.
Nevada police officers must also have enough reasonable suspicion that you are under the influence to proceed with the DUI investigation. An officer might have reasonable suspicion in the following instances:
- If you are driving in a disorganized manner (making wide turns, driving slower than normal, weaving, swerving, or committing other traffic violations)
- Being clumsy when taking out your license and registration
- Exhibiting common signs of intoxication such as foul odor or bloodshot eyes
- Admitting to drinking or the usage of drugs
- Slurring your speech
- Having drugs, drug paraphernalia, or alcohol in your car
This may give the officer enough cause for a DUI investigation which typically involves:
- The officer asks you questions regarding where you have been, what you have been drinking, and whether you have been using any drugs
- The officer asking you to blow into a breathalyzer or submit to a Nevada preliminary breath test
- The officer requesting you submit to field sobriety tests
- Search of vehicle
Is Probable Cause Required for an Arrest for DUI?
Probable cause is mandatory for a DUI arrest in Nevada. Since it is a much more serious kind of arrest, the standard requirements for the arrest are also a lot stricter. The officer is required to be able to clearly articulate the exact facts or assumptions that led them to reasonably believe you were driving under the influence. These include:
- A BAC higher than the legal limit on the preliminary breath test
- Failing the field sobriety tests
- Drugs or alcohol found in the car
- Signs of intoxication which were undeniable
The probable cause for which you are arrested isn’t explained to you at the time of the arrest. However, it is always mentioned in the police report. The officer must provide a clear and convincing statement to the court proving that this arrest was lawful and reasonable with clear probable cause.
Can I Challenge a DUI Charge Based on Lack of Probable Cause?
Challenging a DUI charge is possible based on a lack of probable cause. Your defense attorney could file a motion requesting the court to suppress any evidence gathered at the traffic stop if any part of the entire investigation did not follow a reasonable suspicion and probable cause.
The suppression of evidence is possible through the legal doctrine often referred to as the “fruit of the poisonous tree.” This doctrine is set in place to prevent the police from misusing illegal evidence as a route to good evidence.
The fruit of the poisonous tree holds that everything associated with the tree would be poisonous. This means that if the traffic stop or the DUI investigation was “poisonous” (based on illegal evidence or procedures) in any way, the fruit of the investigation, i.e., the result, would be poisonous too and must be suppressed. Any evidence that is suppressed cannot be used.
In the case that your Nevada DUI lawyer manages to convince the judge that there was no reasonable basis for the stop, investigation, and/or arrest, the DUI charges can be reduced or dismissed altogether. However, this could be hard to achieve as judges are usually reluctant to suppress evidence in such cases. You should go ahead and file the case, but do not expect too much from the motion!
A great result of this motion can be finding loopholes in the officer’s argument. Being able to cross-examine the officer allows the lawyer to discover any flawed parts of the argument that can be later used to negotiate a reduction in the charges and argue for a dismissed charge.
Need Assistance?
Are you facing misdemeanor or felony DUI offense charges in the state of Nevada? Contact The Bourassa Law Group for a consultation today. Call us to discuss your case and figure out ways to protect your rights, avoid a harsh penalty, and retain your driver’s license. We know the weaknesses in the prosecutor’s case, how to use them, and all the intricacies of reasonable suspicion or probable cause. Contact us today to learn more and share your case details to receive the best assistance in your DUI charges.