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What Is Probable Cause for a DUI Arrest in California?

Before an officer can arrest you for DUI in California, the officer must have enough probable cause to justify the arrest. Probable cause is a lower standard than proving guilt beyond a reasonable doubt, but the standard still has to be met.

One way to understand probable cause is to imagine the evidence being presented to a judge. If the officer explained everything observed during the investigation and presented the evidence available, would an independent person agree that there was enough evidence to justify an arrest?

If the answer is yes, the officer may have probable cause to make the arrest.

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Probable Cause Is a Low Standard, But It Still Matters

Probable cause does not mean that the officer has to prove you are guilty of DUI. The standard is much lower than the "beyond a reasonable doubt" standard used when determining guilt in a criminal case.

However, an officer still needs enough information to justify the arrest.

During a DUI investigation, the officer may build probable cause from several different observations and pieces of evidence.

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What Evidence Can Support Probable Cause?

According to the discussion, officers generally build probable cause based on several areas of the investigation.

One consideration is your driving. The officer may consider what they observed before making the traffic stop.

The officer may also consider objective signs of intoxication. These observations can become part of the information used to determine whether you may be impaired.

Field sobriety tests can also contribute to probable cause. The officer may evaluate your performance and consider whether the results are consistent with impairment.

Statements you make about drinking or your drinking pattern may also become part of the evidence.

The officer can consider these different pieces of information together when determining whether there is enough evidence to make an arrest.

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What Should You Say to the Officer?

Statements you make during a DUI investigation can become part of the evidence.

For example, you might tell an officer that you did not drink anything. If a later blood alcohol test shows alcohol in your system, the officer may argue that you lied during the investigation.

That can create another issue if the case eventually goes to court. If you previously told the officer one thing and later testify to something different, the prosecution could question your credibility by arguing that you lied either during the investigation or later in court.

For that reason, the discussion emphasizes avoiding statements that could hurt you.

Rather than making statements that may later become evidence against you, you have the right to remain silent.

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Why Does Probable Cause Matter?

Probable cause is an important part of the DUI arrest process. The officer does not need to prove beyond a reasonable doubt that you were driving under the influence before making an arrest.

Instead, the officer needs enough evidence to meet the lower probable cause standard.

That evidence may come from your driving, observations of possible intoxication, field sobriety testing, and statements about drinking.

If you are facing a DUI arrest or charge, understanding how the officer developed probable cause can be an important part of reviewing the investigation.

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