DUI - Probable Cause

DUI Police Report Errors

Challenging Incriminating Evidence

Even before you were asked to step out of your car or truck, the officer was already gathering probable cause evidence from you. Officers are trained, upon contact with the driver, to:

  • Listen for slurred or slow speech
  • Look for bloodshot, watery eyes
  • Watch if you “fumble” as you retrieve your license, registration and insurance card
  • Ask where you are coming from and where you are going
  • Smell any odors of intoxicants such as alcohol or marijuana coming from the vehicle
  • Listen for inconsistent or irrational responses to their questions
  • Seek admissions from the driver that they have consumed alcohol recently

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Gathering Evidence Against You

The officer continued to gather evidence as you stepped from your vehicle; he or she watched for signs of poor balance, such as using the vehicle for support or using your arms to balance as you stand or walk. 

Next, the officer likely had you perform voluntary field sobriety tests to gather further evidence against you. Admissions of drinking, consuming marijuana, or taking prescription or even over-the-counter drugs are strong evidence. Some drivers believe the officer will let them go if they “cooperate” by admitting to having “only a couple” drinks. This is not the case.

Your constitutional rights include the right to remain silent and to speak with an attorney before questioning. If you exercised these rights, you did the right thing. If the officer continued to question you after you invoked your rights, the court may suppress your statements, and a competent defense attorney may be able to negotiate a reduction of the charge.

Police Proceedures on DUI Arrests
Linda M. Callahan
Driving Clues

Gathering of evidence against you began with the officer observing your vehicle for “clues” of impaired driving, such as:

  • Driving on or over lane markings (center or right)
  • Driving slower than the speed limit
  • Failing to signal lane changes or turns
  • Turning with a wide radius
  • Following too closely
  • Slow response to traffic signals

Pulling Over Safely

The officer then observed your actions in pulling over, looking for evidence of:

  • Failing to notice the signal immediately
  • Taking too long to pull over
  • Pulling over too soon (unsafely)
  • Parking your vehicle improperly
  • Having difficulty with controls (ignition, gears, windows)


The officer also observed your appearance and behavior for:

  • Bloodshot or watery eyes
  • Odor of an alcoholic beverage on your breath or person
  • Nervousness and fumbling for your license or paperwork
  • Slurred speech
  • Inappropriate or unusual behavior (arguing, crying, pleading)

“Tough DUI Laws Require Tough DUI Lawyers”

Linda M. Callahan

plan of action

know your rights

Washington State has some of the toughest DUI laws in our nation. These laws carry increasingly severe penalties for those who drink and drive. Washington lowered the BAC limit from .10 to 0.08 in January of 1999. Drivers with a blood-alcohol concentration (BAC) at .08 or above can now be convicted of driving under the influence of alcohol. In addition, because public sentiment is so very negative toward drunk drivers, prosecutors will often pursue a DUI conviction even when the driver’s test result is well under .08! This is possible because they can obtain a conviction if they can show the person drove while “affected by” alcohol, and/or marijuana or any drug, including prescription or over-the-counter medications.

We Challenge The Following Evidence On Every Case.


Probable Cause

Before you were asked to step out of your vehicle, the officer has been gathering evidence to support the arrest.


Field Sobriety Tests

As Ms. Callahan likes to call them “Bad Science”, FST’s are virtually impossible to pass, especially if the officer is the one grading you.


Breath Test - BAC

Factory trained, Linda M. Callahan understands the science behind breath testing most attorneys don’t.


Blood Test

With extensive training at Axion Labs in Chicago, Linda M. Callahan has the relevant experience to challenge Blood test evidence.

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Learn more about defense strategies and evidence

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Contact one of our Experienced DUI Attorneys today and get the advice you need now.  Learn how to save your license and stay out of jail.

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Disclaimer: The legal information presented on this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee.  This web site is not intended to solicit clients for matters outside of the state of Washington.

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