Traffic stops aren’t supposed to happen just because a police officer feels like pulling a vehicle over. Instead, the officer has to have a valid reason to conduct the stop. In the case of a suspected drunk driving stop, the officer has to see signs that the driver is possibly impaired.
The standard used to determine if the officer had a valid reason for initiating the traffic stop is known as reasonable suspicion. This means that the officer observed something that any reasonable person would agree likely indicated impaired driving.
What are some signs that qualify as the basis for reasonable suspicion?
There are many signs of drunk driving that are possible. Some of the most common include failing to stop for a stop sign or red light, swerving between traffic lanes, or hitting objects on the side of the road. Drivers who are drunk may also drive more slowly or aggressively than usual, so officers may base their stop on those signs.
What happens when the traffic stop is conducted?
Typically, the police officer will make contact with the driver and speak to them. The officer is trying to determine what’s going on with the driver. While they’re talking, they will look for signs that the driver is impaired. This may include observations like the driver’s breath smelling like alcohol or seeing open containers in the vehicle.
The police officer may ask the driver to do a field sobriety test or take a chemical test to determine impairment. If either of those provides probable cause, the officer will arrest the driver for drunk driving. At that point, the driver’s focus should turn to learning their options for presenting a defense against this charge, so it may be beneficial to find someone who can assist them.