A traffic stop for the suspicion of drunk driving can invoke a sense of fear and trepidation in a driver. Even if a person hasn’t been drinking, they may still feel those emotions.
Knowing what to expect in one of these stops is important for everyone, partly because it’s impossible to ensure that a driver won’t ever be accused of drunk driving. These three points provide a glimpse into what to expect.
1. Reasonable suspicion
The police officer must have reasonable suspicion to conduct the traffic stop. This can involve seeing things like the vehicle swerving in and out of traffic lanes or driving too slowly for the current conditions. The key to this is that the signs that initiate the stop should be things that any reasonable person would agree signal that the driver is impaired or otherwise breaking the law.
2. Determination of impairment
Once the vehicle is stopped, the officer may speak to the driver and use a roadside breath test or field sobriety tests to determine if the driver is impaired. If a breath test is used, the result isn’t admissible in court. The same is true for non-standardized field sobriety tests. Only results from blood tests, urine tests, stationary breath tests and standardized field sobriety tests are admissible in court.
3. Potential for arrest
If the law enforcement officer finds probable cause that shows impairment, they may arrest the driver. This can lead to a lengthy court process that can involve the driver facing serious penalties, including incarceration and fines. Anyone who’s facing this charge should work closely with someone who can assist them with determining how to set up their defense strategy.
