Allegations for driving under the influence (DUI) can happen to anyone-even police officers. In a recent story, Allegheny County prosecutors are contemplating a DUI case against a local police officer. However, the case has taken a recent twist as a result of probable cause problems.

According to reports, in 2010, the officer was driving his vehicle when he struck down an individual on West Carson Street. The officer failed the field sobriety test and his blood alcohol level was 0.126, which is above the legal limit. Initially, the man was charged with felony aggravated assault by a vehicle while driving intoxicated; however, this charge was thrown out in November 2010. The officer faced misdemeanor charges, but recently, a judge has disposed of evidence regarding the sobriety tests.

The suspect's lawyer explains that the arresting police did not have probable cause to examine the officer's sobriety. Police allege that they smelled an odor of alcohol emanating from the suspect's breath; on the other hand, the arresting police testified that they could not see any visual warning signs that the man was impaired. Without a visual indication of impairment, the arresting police had no right to conduct a sobriety test.

Prosecutors have 30 days to appeal the decision and decide whether to move on with the case. This story is a great example of how different parts of a DUI case can affect the validity of the claim. Evidence gathered against the accused must be reliable and collected in accordance with the law. In this case, the judge felt that the evidence gathered against the officer was not sufficient. As a result, prosecutors will need alternative evidence or proof that the man was driving under the influence in order to proceed with the case.

Source: Pittsburgh Tribune-Review, "Judge throws out evidence in DUI case against officer," Brian Bowling, Jan. 19, 2012