Operating a vehicle while impaired (OVI) is a charge that carries severe penalties. To be arrested on OVI charges, the police need probable cause. What does probable cause mean?
To be pulled over, officers only need to have a reasonable suspicion that you may be impaired. Driving behaviors such as speeding, swerving or driving without headlights can all amount to reasonable suspicion. They present law enforcement with a legitimate reason to pull you over. These factors alone, however, are not enough to arrest you on OVI charges.
To be arrested on OVI charges, police officers need to possess probable cause. This means that they must have more than a suspicion, they need hard evidence. An example of probable cause would be a person slurring their words when asked a question or smelling strongly of alcohol. Usually, the police rely on breathalyzer tests to provide them with probable cause to carry out an arrest.
The outcome of your OVI case will heavily depend upon the strength of the evidence against you. If you can show that the traffic stop was unlawful or that you were arrested without probable cause, you could beat the charges. Seeking as much legal information as possible will increase the chances of success in your case.
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