As drunk driving causes so many car accidents, tackling this issue is a top priority for law enforcement. Officers have the legal authority to conduct traffic stops when there is reasonable suspicion.
Reasonable suspicion is an evidentiary standard that indicates an offense may have been committed. For example, a driver may have swerved over the centerline. In such instances, officers have the right to pull the vehicle over and conduct further investigations.
Reasonable suspicion, however, is not enough to make an arrest. It is also not enough to conduct a vehicle search. To take further actions like this, probable cause is required. What is the probable cause?
What you say and do during a traffic stop
Your actions after being stopped are very important. They could mean the difference between officers establishing probable cause and not. For example, if you admit that you just came from a bar after having several drinks, this provides officers with probable cause. You could be arrested.
Upon being stopped, it’s also likely that officers ask you to engage in a series of tests. These may be field sobriety tests like the walk-and-turn test or one-legged stand. If you agree to take these tests and fail, this provides officers with probable cause. You do not have to take these tests.
Another form of test that officers use is breathalyzers. Unlike field sobriety tests, you are obliged to take a breathalyzer test. However, this doesn’t have to be done on the roadside. You can wait until officers have taken you to a designated testing center, which is often at the police station. If you refuse to take this test, it will result in an automatic license suspension due to implied consent laws.
Officers should have probable cause before arresting you. If you’re facing charges, it’s important to seek legal guidance at the earliest opportunity.