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Presumption Tag

Can You Be Arrested for Suspicion of DUI?

Can You Be Arrested for Suspicion of DUI?

It is tricky to answer the question “can you be arrested for suspicion of DUI?” The United States legal system presumes that a driver is innocent until proven guilty in a court of law, even if an arresting officer suspects the driver committed a crime. Yet many states seem to have DUI laws that presume guilt before a court trial occurs and permit police officers to question drivers without any suspicion at all. In some sense, all DUI arrests are based only on a suspicion rather than on conclusive proof, but drivers face laws that are targeted to convict even...

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Presumption of Innocence in DUI Cases

Presumption of Innocence in DUI Cases

The presumption of innocence is the founding premise of the American criminal justice system. It states that you are presumed to be innocent of a crime unless and until you are found guilty in a court of law. In DUI cases, the presumption of innocence is important because drivers have many available defenses to DUI charges that may not be obvious at first, such as failure to follow proper breath test procedures. If drivers were presumed guilty of a DUI without the chance to establish defenses, their cases might turn out very differently. The case of Morissette v. United States, 342...

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