Thursday, May 17, 2012

What California DMV says about reasonable cause to make a California DUI arrest, published in Lawyer Rick Mueller's new San Diego article



According to the DMV administrative hearing Manual, reasonable cause to make a California DUI arrest is a greater interference with the privacy and freedom of the driver, compared to probable cause to stop a California motorist, and requires the California DUI arresting officer to have facts that can be easily articulated to show the person was "DUI."

San Diego County DUI Law Center Attorney Rick Mueller's latest Article further demonstrates that DMV believes a California DUI officer must have reasonable cause to believe at the time of the DUI arrest, that the person was driving under the influence (DUI).

What the California DUI officer learns later cannot create reasonable cause if it did not exist at the time of arrest. DMV goes on to say, for example, in a doubtful case, a California DUI officer may try to get a blood alcohol test without an arrest or without a drunk driving arrest.