Probable cause to arrest (did the officer have cause to make an arrest - did you do Field Sobriety Tests (FSTs), how was your speech, was it allegedly slurred, what about your eyes, were they bloodshot and watery or droopy, what about your balance, did you have a flushed face, did you admit to drinking or smoking marijuana, etc. - this is a very common challenge and applicable in most DUI cases - I've had a number of cases dismissed because the officer was unable to establish a reason for making an arrest - I had a case wherein my client wrecked into the side of a Jack n the Box restaurant and was held at the scene by the officer while she was on the medic's stretcher, she later had a blood draw of .17 at the hospital - the judge dismissed for lack of probable cause to arrest because the officer was unable to articulate a reason for arresting her beside just the odor of alcohol and accident which he didn't witness).
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About the author:
Nathan Webb, is a seasoned Seattle DUI Lawyer. His practice emphasizes DUI defense. He has been repeatedly recognized as one of Seattle's Best Attorneys! He was recognized as a Top Seattle DUI Attorneys by Seattle Met Magazine, Repeatedly named a Super Lawyer Rising Star in the area of DUI Defense by Washington Law and Politics Magazine, and Rated Superb for DUI Defense (perfect 10.0 out of 10.0) by Avvo.com.
