How Investigative Timelines Influence Probable Cause in DUI Cases
Overview
Probable cause in a DUI investigation is built on a sequence of observations and decisions, not a single moment. When the timeline of an investigation is unclear, inconsistent, or poorly documented, the probable cause determination becomes vulnerable.
Zachary Marshall, a DUI and collision evaluation expert based in Arlington, WA, helps attorneys identify exactly how timing, sequencing, and articulation impact the reliability of a DUI investigation.
As the founder of Legal Limit Consulting, LLC, Zach provides detailed timeline analysis that clarifies whether the officer’s decisions were supported by consistent evidence and whether each step of the investigation occurred when and how it should have.
Why Timelines Matter in DUI Investigations
A DUI case is built on a chain of events. If any link is weak, missing, or improperly documented, the probable cause determination can be challenged.
Key reasons timelines matter include:
The development of reasonable suspicion must precede the expansion of the investigation
SFSTs must follow proper instruction, timing, and sequencing
Observation periods must be accurate and uninterrupted
Bodycam footage must align with written articulation
Any timeline inconsistencies undermine investigative credibility
Attorneys often find that reviewing the timeline reveals issues that were not obvious from the reports alone.
Traffic Stop and Initial Observation Timeline
The first phase of the investigation establishes reasonable suspicion. Zachary evaluates:
The time from violation to vehicle stop
Early officer observations
Lane position, speed, and behavior
Documentation of initial clues
Consistency between video evidence and the report
If early observations do not support escalation, this becomes a potential challenge point.
Personal Contact Timing and Articulation
The personal contact phase is critical for developing impairment indicators. Zachary examines:
The duration of the initial contact
The sequence of sensory observations
Articulation of odor, speech, and behavior
Whether observations align with camera evidence
Gaps between initial contact and SFSTs
Whether any narrative appears added after the fact
Poorly articulated timelines during this phase often create leverage during negotiations or motions.
SFST Timing and Sequencing
SFSTs must be administered in a specific order and with proper pacing. Zach analyzes:
Time spent explaining each test
Delays between instructions and demonstrations
Whether the officer rushed or prolonged certain steps
Accuracy of clue timing
Pacing of HGN passes
Time spent observing Walk and Turn and One Leg Stand performance
Congruence between video and report timing
Improper test sequencing or unusual timing patterns can directly affect the reliability of the results.
Observation Periods and Breath Test Timing
Breath test evidence depends on proper adherence to procedural timing, especially the required observation period. Zach assesses:
Exact start and end times of the observation period
Whether the officer was continuously watching the subject
Interruptions or breaks in observation
Discrepancies between video and reported times
The timing of the breath test request and administration
Equipment preparation and delays
Even small breaks or inconsistencies can weaken the admissibility or reliability of breath test results.
Timeline Gaps and Documentation Errors
Timeline gaps are one of the most common and impactful issues in DUI investigations. Zachary identifies:
Missing blocks of video
Unexplained delays
Report entries with no matching footage
Out of order events
Time stamps that conflict with narrative
Officer recollection errors
Additions or edits that appear inconsistent with the scene
Each of these issues may create doubt regarding the accuracy of probable cause.
Why Attorneys Use Timeline Analysis
A clear investigative timeline allows attorneys to:
Challenge the validity of the stop
Question the escalation to SFSTs
Evaluate whether PC was truly established
Identify suppression arguments
Build targeted cross examination
Highlight inconsistencies for negotiation leverage
Strengthen administrative hearing posture
Timeline structure is one of the most overlooked but powerful components of DUI litigation.
Contact
To request a timeline based DUI evaluation or collision related review, contact:
Zachary Marshall
Founder and Lead Consultant, Legal Limit Consulting, LLC
Arlington, Washington
Phone: (425) 224 5149
Email: Z.Marshall@LegalLimitConsulting.com
Website: www.LegalLimitConsulting.com
