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Probable cause is one of those great legal fictions. Probable cause doesn’t mean probable at all. It really just means possible cause. So the legal standard means does a reasonable officer believe the person might be impaired. That’s all it means. And so is it possible that that driver was impaired? If so, then the officer can arrest that driver.
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Roseville, MN DWI defense attorney Charles Ramsay explains “probable cause” as it pertains to a DWI case.