People who are pulled over for drunk driving may wonder how they end up in that position. One thing that must be present is reasonable suspicion, which means that police officers can’t pull over a vehicle just because they feel like it.
Reasonable suspicion means that the officer sees something that would lead a reasonable person to believe the driver is impaired or something else is going on. This standard is lower than probable cause, but it’s not so low that only a hunch will suffice.
What constitutes reasonable suspicion?
Driving behaviors are central to reasonable suspicion for a drunk driving stop. Examples of this include things like driving without headlights at night, braking without a reason, weaving between lanes or making an illegal turn.
A traffic violation is another reason why the officer may conduct the traffic stop. Speeding, running a red light, crossing the center line and speeding are examples of this. Additionally, violations of vehicle codes, such as a burned out brake light or crack in the line of sight on the windshield, can also lead to a valid stop.
What happens during the stop?
Once the officer stops the vehicle, they will try to determine what’s going on with the driver. This usually starts with speaking to the driver and observing the conditions in the vehicle. The officer is looking for signs of impairment, such as slurring speech or smelling alcohol on their breath. Open containers are another sign that the officer will look for when they initiate the stop.
If the officer believes the driver is impaired, they will look into the situation more. This usually comes with requests for the driver to take a breath test or a field sobriety test. Those may lead to more reliable testing and criminal charges.
Anyone who’s pulled over on suspicion of drunk driving should ensure they know their rights. Learning their defense options after an arrest is also important, so it may be beneficial to work with someone familiar with these cases.
