People who see flashing lights behind their vehicle may wonder why police officers are initiating a traffic stop. In order for the officers to do this in response to suspected drunk driving, they need to have reasonable suspicion, which means that there are signs present that any reasonable person would believe indicate impairment.
There are many signs that the officer may see that could lead them to this conclusion. Oftentimes, they spot a common sign of drunk driving, like swerving or stopping in the middle of the road.
What happens when they stop the vehicle?
The officer’s primary task when they initiate a traffic stop of this type is to determine what’s going on with the driver. This is usually done using a series of steps. Typically, the officer will start by having discussion with the driver. During this discussion, they’ll pay attention to certain clues, such as alcohol on the person’s breath or slurred speech.
If the officer still suspects impairment, they may ask the driver to take a field sobriety test or a breath test. Standardized field sobriety tests, which include the horizontal gaze nystagmus, one-leg stand and walk and turn, are the only ones admissible in court if they’re done properly and all together.
Breath tests done on the roadside aren’t admissible in court, but they’re often used as a baseline for an arrest. The individual may be asked to take a stationary breath test, but they may also have a urine or blood test done to determine the blood alcohol concentration percentage.
An officer can arrest the driver if there is probable cause for a drunk driving case. This triggers the need for the driver to consider their defense options, but this must be done quickly because some options might be time-sensitive.
