Many people don’t realize that police officers need a valid reason to stop a vehicle. The reason must meet the standard of reasonable suspicion, which means that it must be something that a reasonable person would agree should result in a stop. This is a much lower standard than probable cause, but it’s still more than just a gut feeling or hunch.
There are many factors that can lead to reasonable suspicion, many of which are hazardous driving behaviors. Seeing a driver swerving between lanes, driving in a reckless manner or failing to stop at a traffic sign or signal are examples of what’s considered reasonable suspicion for a suspected drunk driving stop since those behaviors are associated with impaired driving.
What happens when the vehicle is stopped?
Once the officer pulls the vehicle over, they will ask for documentation and speak to the driver to try to find out what’s going on. During the conversation, they will look for signs about the situation. This includes trying to determine if the driver has the smell of alcohol on their breath or open containers in the vehicle.
If the officer has reason to believe that the driver is impaired, they may ask them to take a field sobriety test or a roadside breath test to determine if there’s probable cause to conduct an arrest. Only a standardized field sobriety test, which includes a one-leg stand, walk-and-turn, and horizontal gaze nystagmus tests, is admissible in court, and roadside breath tests aren’t admissible in court.
An arrest for drunk driving is possible if the officer finds probable cause to support that charge. At that point, the individual facing charges should evaluate their options for presenting a defense strategy. This could include a variety of options, such as calling the results of the tests into question, so it’s beneficial for them to discuss these with someone familiar with these matters. Because some options are time sensitive, swift attention to the drunk driving charge is critical.