Even when making a valid DWI stop, the police need a reason to stop the vehicle. They cannot randomly pull over vehicles just to look for drivers who are over the legal limit. They need reasonable suspicion for the initial traffic stop.
In many cases, police officers will develop this reasonable suspicion simply by looking for driving errors that may indicate impairment. These mistakes themselves do not prove impairment, but they can be the catalyst for the initial traffic stop, where the police may gather other evidence, such as by administering a breath test.
Potential signs of impaired driving
Many driving mistakes happen due to inattention — but the odds that a driver will make certain errors tends to rise when alcohol is involved. Although every case is unique, some of the indicators police may look for include:
- A driver who accelerates or decelerates quickly
- Someone who is excessively speeding or driving well under the speed limit
- A driver who has their headlights off, even after dark
- Someone who keeps swerving back and forth in their lane or driving with tires on either side of the centerline
- A driver who makes unsure or sloppy maneuvers, such as an excessively wide turn
- Someone who does not respond as expected to changing traffic conditions around them, such as someone who does not move after a traffic light turns green
- A driver who narrowly avoids getting into an accident and has a near miss
- A driver who makes unexpected errors, like driving the wrong direction on a one-way road
If you do find yourself facing DWI charges, one potential part of your defense may be claiming that the police lacked reasonable suspicion for the traffic stop. It is crucial that you know exactly what defense options you have.
