Reasonable suspicion must be present for drunk driving stops

On Behalf of | Apr 23, 2025 | DUI

Drivers who are pulled over for suspicion of drunk driving can’t be stopped without a reason. Instead, the officer must have seen something that led them to believe that the driver was impaired. 

Officers must meet the standard of reasonable suspicion in order to conduct the stop. This means that what they saw would have led a reasonable person to think the driver was impaired. 

What are some signs that constitute reasonable suspicion?

There are many signs that can meet the standard of reasonable suspicion. These include things like:

  • Stopping when there isn’t a reason to
  • Failing to obey traffic signals or signs
  • Swerving between lanes
  • Leaving headlights or wipers off when they’re required

If police officers notice any signs that a driver is impaired, they’ll conduct a traffic stop to determine what’s going on with the driver. 

What happens during the traffic stop?

Once the officer pulls the driver over, they’ll talk to them. During this conversation, they’ll keep an eye out for signs of impairment. This includes alcohol in the vehicle or on the person’s breath. 

The officer may ask the person to take a chemical test or do a field sobriety test to determine if the driver is actually impaired. They need to have probable cause in order to conduct an arrest. 

Anyone who’s arrested for drunk driving should ensure they understand what types of defense strategies are possible. It may be beneficial for them to work with someone who’s familiar with the court where the case is being heard.