Reasonable Suspicion Is a Key Element in Drunk Driving Stops

Police officers have a duty to keep the roads as safe as possible, but that doesn’t mean that they can just do whatever they want when they want. For example, if they’re going to pull a vehicle over, they must have reasonable suspicion.

In the case of a suspected drunk driving stop, reasonable suspicion means that they must have observed behavior that suggests that the driver may be impaired or committing a traffic offense. This can’t be a guess. It must be something that any reasonable person would agree should lead the officer to draw that conclusion.

What types of behavior justify reasonable suspicion?

There are many things that an officer may see that could lead them to believe that the driver is impaired. Some of the more common include running a stop sign, breaking erratically, weaving between lanes or driving too slowly.

What happens once the traffic stop is initiated?

The first thing the officer will likely do after the traffic stop is initiated is make contact with the driver to see if they’re exhibiting other signs of impaired driving. This may include having the smell of alcohol on their breath or the presence of open containers in the vehicle.

The officer may also ask the driver to take a field sobriety test, which can give them an idea of the level of impairment of the driver. They may also ask for a chemical test, which checks the blood alcohol concentration of the driver.

If the information gathered during the traffic stop shows that the driver is impaired, the officer has probable cause to conduct an arrest. At that point, the driver should begin to think about the defense strategy they’re going to use to fight these charges.