Wisconsin law enforcement officers must have reason to arrest people for DUI crimes. Many times, they even need a reason before administering DUI tests. Today we will take a look at some of the probable causes an officer may have to make an arrest.
FieldSobrietyTests.org look at probable causes to arrest for DUI. In this case, three of the most common signs are:
- Redness of the eyes
- The smell of alcohol on the suspected individual’s breath
- Slurred or disordered speech
But an officer cannot arrest you only for having slurred speech or red eyes. These are only probable causes to arrest if used together with test results. For example, let us say you took and failed a field sobriety test. Has the officer noted that you also have red eyes and smell like alcohol? These factors combined give them a probable cause to arrest. The same is true if you fail a breath test and show these signs.
These signs alone cannot be a probable cause to arrest. This is because there are too many variables involved. Everything from crying to allergies can cause red eyes. Slurred speech is often the result if brain injury or disabilities. If an officer has never heard someone talk before, they cannot know if a slur is unusual.
Even the smell of alcohol is not incriminating, which some might find surprising. This is because an officer cannot tell a driver’s blood alcohol content (BAC) level by smell. Smelling alcohol may give them a reason to order a breath test. By itself, it is only reason for suspicion.