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Drunk driving stops require reasonable suspicion

On Behalf of | Jan 16, 2025 | DUI |

Initiating a traffic stop requires the police officer to have reasonable suspicion that a crime has occurred. In the case of a traffic stop that’s due to the suspicion of drunk driving, the officer must see signs of impairment. 

The signs the officer sees must be things that any reasonable person would believe signal that the driver may be intoxicated or otherwise breaking the law. These can include things like failing to stop for red lights, swerving between lanes, driving erratically or failing to use headlights as required. 

What happens if the officer sees something that constitutes reasonable suspicion?

If the officer sees something that constitutes reasonable suspicion, they will conduct the traffic stop. This involves making contact with the driver to determine what’s going on. If they still believe the driver is impaired, they may ask the driver to take a field sobriety test or chemical test. The results of those tests may lead to the driver being arrested for drunk driving. 

In order to make that arrest, the officer must have probable cause. That’s a much stricter standard than reasonable suspicion because it requires proof of the crime. 

Anyone who’s facing drunk driving charges should review all the circumstances related to the traffic stop and arrest. Anything that’s amiss, such as a lack of reasonable suspicion to conduct the stop, may become part of the defense strategy. Putting that strategy together can be complex, and the stakes in these cases are high, so working with someone familiar with these matters is beneficial. 

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