DUI And The Citizen Informant

DUI Attorney in Orange County

If a civilian reports a possible DUI (drunk driver), this information can be used to establish probable cause to stop the driver, even if the police officer never sees any bad driving himself. If the civilian identifies him or herself to the police, the DUI “tip” is upgraded from an anonymous tip to a “citizen informant”. DUI Lawyers in Orange County will tell you that this means that the information that the DUI tipster provides is presumed to be reliable.

However, even if we attach a presumption of reliability to the information provided by the DUI tipster, this does not dispense with the requirement that the citizen informant furnish underlying facts sufficiently detailed to cause a reasonable person to believe that a crime had been committed. People v. Ramey (1976) 16 Cal.3d 263, 269. This means that if a citizen informant merely reports a possible drunk driver, this is NOT enough information to permit a stop of the suspected drunk driver.

The citizen informant must provide information that would itself be probable cause to permit the stop if the officer had seen it himself. So, for example, if a citizen inform reports a suspected DUI driver who ran a red light, or swerved into other lanes, this WOULD be sufficient information to allow a police officer to conduct a DUI traffic stop, even if the cop never saw any bad driving himself. But if the informant merely speculates that a driver may be drunk, without more, then this in NOT enough to permit a stop. In that case the officer must see a law violation himself before he can stop the suspected drunk driver.

The penalties for a DUI in Orange County can be stiff, especially if you have a prior DUI or your blood test or breath test is high. If your blood alcohol level is low, or if the District Attorney has a weak case, then you may be able to get a wet reckless if your Orange County DUI lawyer is skilled. (check his case results)

If you would like to consult with an experienced DUI lawyer, call the Law Offices of EJ Stopyro at (949) 559-5500 today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro
32072 Camino Capistrano
2nd floor
San Juan Capistrano, CA 92675

Orange County DUI Lawyers