Realizing that you’re being pulled over by a police officer can incite a sense of dread. This might be more pronounced if you know that the traffic stop is for the suspicion of drunk driving.
There are several things that you should know if you’re pulled over for this. Understanding what may happen might help you to feel a little less stressed.
Reason for the stop
Police officers can’t initiate a traffic stop without a reason to do so. This must meet or exceed the standard of reasonable suspicion, which means that the officer sees something that any reasonable person would agree points to impaired driving. This can be something as general as swerving between lanes or stopping suddenly.
Determining impairment
The police officer will then move to trying to determine if the driver is impaired. This often starts with an interview for the officer to determine what’s going on. The officer will look for signs of impairment, such as slurred speech or a smell of alcohol on the driver’s breath.
If the officer sees signs of impairment, they may request that the driver complete a field sobriety test, a breath test or both. Some of these tests aren’t admissible in court. For example, only the standardized field sobriety test is admissible in court. Other tests aren’t. The testing done using a preliminary alcohol screening device, or roadside breath test, isn’t admissible.
If the officer finds probable cause for a drunk driving charge, the driver will be arrested. From there, they need to determine what type of defense strategy to use in the case. Working with someone familiar with these matters may be beneficial for anyone facing these charges.