DUI charges were dismissed against former Chicago Blackhawk star Chris Chelios as a judge ruled that the police did not have probable cause to arrest Chelios for DUI.
In order for a police officer to arrest a motorist for DUI, the police must have probable cause to believe that the motorist is driving under the influence. Probable cause is a fairly low standard of proof which is generally satisfied through the officer's claiming that a motorist failed field sobriety tests. In cases with no field sobriety tests, the issue of whether probable cause supported the arrest can come into play. DUI case law holds that a mere odor of alcohol is insufficient to establish probable cause to arrest for DUI. In many cases, an officer will have other factors other than a odor of alcohol, such as slurred speech, bloodshot eyes, admissions to drinking and difficulty of the motorist maintaining balance.
While it is difficult to have a Massachusetts OUI dismissed based on a lack of probable cause to arrest, generally cases with a close issue as to probable cause are difficulty for the Commonwealth to prove at trial, where the standard of proof is much higher than probable cause, but requires proof beyond a reasonable doubt.
Attorney DelSignore is a Massachusetts OUI lawyer, practicing throughout Norfolk, Bristol and Worcester Counties defending motorists charged with OUI and refusing to take a breathalyzer test. If you were arrested for OUI in Massachusetts, you can obtain a free consultation, immediately by calling Attorney DelSignore directly on this cell phone at 508-455-4755 or by sending an email.
