Answer :

Final answer:

An officer must have probable cause, not just reasonable suspicion, to arrest a person for DUI. This is because probable cause represents a higher standard of evidence, necessary for justifying the arrest without a warrant. So, the correct answer is option (a).

Explanation:

The concept of probable cause is a pivotal element of the American legal system, ensuring that arrests and searches are conducted with a reasonable basis. In the context of DUI (Driving Under the Influence) arrests, probable cause must exist for law enforcement officials to lawfully take a person into custody without a warrant. Probable cause entails having sufficient evidence to believe that a person has been driving under the influence of alcohol or drugs.

Unlike reasonable suspicion, which allows police to stop and briefly detain individuals for investigatory purposes (as established in Terry v. Ohio, 1968), probable cause requires a higher degree of certainty. For example, officers might observe a vehicle swerving erratically, smell alcohol on the driver's breath, or witness slurred speech—all of which could contribute to establishing probable cause for a DUI arrest. Importantly, while reasonable suspicion can justify a temporary stop and investigation, only probable cause can justify an arrest.

In various states, the legal framework permits law enforcement to arrest individuals suspected of committing felonies or misdemeanors (such as DUI) without a warrant, provided there is probable cause. This principle ensures that the rights of individuals are protected by requiring a substantive basis for arrest, thereby preventing arbitrary and unjustified detentions.

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