Solve Your Legal Matter

Reasonable suspicion’s role in drunk driving stops

On Behalf of | Jul 11, 2024 | Driving While Intoxicated |

Police officers have to monitor the roads to ensure drivers aren’t being unsafe. In some cases, that means trying to determine if someone is driving while impaired. This is done by initiating a traffic stop, which requires reasonable suspicion.

Reasonable suspicion is a legal standard that’s not as strict as probable cause. In order to have reasonable suspicion that a driver is impaired, the officer must observe something that would lead a reasonable person to come to the conclusion that the driver is drunk. 

What can provide reasonable suspicion?

Reasonable suspicion can come from seeing things like a vehicle swerving all over the road or failing to stop at red lights. Nearly hitting objects on the side of the road or failing to turn on headlights when necessary can also qualify as reasonable suspicion. Essentially, anything that’s out of the ordinary or that violates the law can provide the officer with reasonable suspicion.

What happens after the officer stops the vehicle?

After the officer stops the vehicle, they have to try to find out what’s going on. They’ll look into the vehicle for signs of alcohol, such as open containers. They’ll conduct an interview with the driver and pay attention to signs like slurred speech or alcohol on their breath. They may also ask for a field sobriety test, chemical test or both.

If the officer has probable cause showing that the driver is impaired, they can arrest the driver. Once that happens, the alleged drunk driver needs to learn their options for a defense strategy so they can fight the charges. Seeking assistance from someone familiar with these matters may help them decide how to proceed.