Police officers aren’t allowed to stop drivers just because they want to stop someone. Instead, they have to have reasonable suspicion that the driver did or is doing something illegal. This is more than just a hunch. Officers must be able to point to specific and articulable facts that led them to conduct the stop.
In the case of a drunk driving stop, the officer must have seen signs that the driver was impaired. This can include things like making an unusually wide turn, braking erratically, swerving between lanes, or driving at speeds that are too fast or slow for the current road conditions.
Once the traffic stop is initiated
After the police officer initiates the traffic stop, they will determine if there is probable cause to conduct an arrest for impaired driving. Probable cause is a higher standard than reasonable suspicion, which means the officer must have evidence to conclude that the driver is likely impaired. This can include signs like an odor of alcohol on the driver’s breath, open containers in the vehicle, a result of .08% or higher on a preliminary blood alcohol concentration test or failing a field sobriety test.
If the officer decides to arrest the driver, they will likely have them take a breath test on a stationary breath test machine or have a blood or urine test to determine an accurate blood alcohol concentration. The breath tests that are administered roadside aren’t admissible in court, so the officer won’t rely on that.
Facing a drunk driving charge is a serious situation that requires immediate attention. Learning the options that are available is beneficial because some of these may be time-limited. It may be beneficial to work with someone who understands these cases and can help you address the situation.
