In order to place you under arrest for DUI or drunk driving in Georgia, the police must have what is called probable cause.
“The probable cause needed to conduct a DUI arrest requires that the officer ‘have knowledge or reasonably trustworthy information that a suspect was actually in physical control of a moving vehicle, while under the influence of alcohol to a degree which renders him incapable of driving safely.'” State v. Gray, 267 Ga.App. 753, 754, 600 S.E.2d 626 (2004), quoting Malone v. State, 261 Ga. App. 420, 421, 582 S.E.2d 561 (2003) (Emphasis supplied). In order to establish probable cause for a DUI arrest, evidence must show that the driver was impaired. State v. Batty, 259 Ga. App. 431, 432, 577 S.E.2d 98 (2003); State v. Burke, 230 Ga. App. 392, 393-94, 496 S.E.2d 755 (1998).
In evaluating whether probable cause to arrest for DUI existed, it is critical to recognize that evidence which merely shows that a person has consumed alcohol is insufficient to establish probable cause for a Georgia DUI arrest. The mere presence of alcohol or drugs is not enough evidence to establish probable cause for a DUI arrest. In order to establish probable cause to arrest a person for DUI in Georgia, the police must establish that a person’s ability to operate a motor vehicle safely is compromised as a result of alcohol consumption.
Throughout this site we discuss the evidence that the police rely upon in their efforts to establish probable cause for a DUI arrest. Our Georgia DUI lawyers are trained in the administration of field sobriety tests, and we know how to successfully defend you against this type of evidence. If you have any questions regarding this article or your Georgia DUI case, contact our office.