Probable cause for a DUI stop in Vista or anywhere in California can be anything from a moving violation, equipment violation, suspicious actions, citizen report or a number of other reasons unrelated to DUI. The officer must have a reason to pull you over or contact you. The officer has no idea whether you are under the influence when he first contacts you in most situations, it is during the contact that he notices objective symptoms or things that indicate you may be under the influence of alcohol and/or drugs.
Police then can expand the contact to investigate, including field sobriety tests, some questioning and a field breath test. If the officer has a reasonable suspicion that you were operating a motor vehicle under the influence, you are arrested and given a breath or blood test. Seldom is someone also cited for the underlying traffic violation justifying the initial contact, usually you are simply arrested and charged with the DUI. The underlying violation or reason for contact is simply the probable cause initiating the process. Some people are actually contacted getting out of there car in a parking lot or even in there driveway when an officer approaches them and notices objective symptoms which may ultimately lead to a DUI arrest, especially if the officer saw you drive into the lot or park, regardless whether they pulled you over.
The initial contact is one of the important factors to look at in any DUI case. If there was no good reason for the initial contact, then there is no justification for anything that flows from that contact, including field sobriety and breath or blood tests. Call Christoph Law Offices at 760-941-5720 for a free consultation and evaluation if you are arrested or charged with a DUI. For over 32 years across from the Vista Copurts, we hav provided the highest quality of personal professional representation in over 3000 DUI cases.
