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Thread: Can I be arrested for DUI by a witness report?

  1. #1
    Junior Member
    Join Date
    Jul 2011
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    Can I be arrested for DUI by a witness report?

    this stemmed by a dispatch call about me leaving the residence of the man that called the police

  2. #2
    Administrator
    Join Date
    Aug 2011
    Posts
    977
    The citizen's report is enough to establish probable cause. However, the police officer can not base the arrest itself on the citizen's report. Probable cause is what will allow an office to pull you over and investigate. The officer must, however, have observed other indicators that you were intoxicated to make a DUI arrest. A challenge to probable cause is handled in pre-trial motions, in an attempt to suppress certain pieces of evidence. If you hire a defense attorney they can try to claim the police officer didn't have sufficient reason to pull you over. Talk to a DUI lawyer.

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