If the police want to administer a breath test or otherwise test a person for drunk driving, they must have probable cause. For instance, being pulled over with a broken tail light would not give them probable cause to suspect you of drunk driving. If, however, they ask and you consent to a field sobriety test, a breath test, or some other form of testing, you have waived this right and search is valid.
Examples of Probable Cause
If the police pulled you over for a broken tail light but smelled alcohol or observed glassy, bloodshot eyes, they may have enough probable cause to search you. Since these are commonly observed in people who have been drinking, they may have enough grounds to force a breath test.
Another example of probable cause might be speeding, weaving within the lane, or some other driving violation. Since problems with coordination could be a sign of alcohol use, the police may have grounds to test for the presence of alcohol.
None of these guarantees the police the right to search you, however. Assert your rights and force them to establish probable cause for a search. If there is no probable cause, a lawyer may be able to get the test results thrown out.
If you have been arrested for drunk driving, contact a lawyer at The Law Offices of Patrick N. Anderson and Associates right away. Our team of attorneys will examine your case from all angles, ensuring that you are being given the representation you deserve.
