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- Assuming the initial traffic stop was justified, the officer still needs probable cause to make a DUI arrest. In other words, the officer needs a reasonable basis to believe the motorist was driving (or in actual physical control of a vehicle) while under the influence of drugs or alcohol.
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Under the Fourth Amendment, police officers must have a certain level of justification before they can lawfully make a traffic stop, or arrest a suspect. In the context of a DUI, the law requires that officers demonstrate reasonable suspicion for a traffic stop and probable cause for a DUI arrest.
How the driver answers the questions (for example, if the driver admits to drinking prior to the stop) can supply police with evidence of a DUI violation. But even if the driver denies drinking, the officer's observation during the question can provide probable cause.
Oct 18, 2023 · A police officer needs a reasonable suspicion that an individual has violated the law before they may pull over a vehicle. On the other hand, if the officer lacks a reasonable basis for the stop, you likely can get any evidence from the stop suppressed from your case.
May 26, 2022 · May 26, 2022. By Law Offices of Taylor & Taylor. In its decision in Lange v. California, the United States Supreme Court ruled that “hot pursuit” of a subject does not always give police officers cause to violate Fourth Amendment protections.
Jun 2, 2021 · For drunk driving cases, law enforcement officers may pull people over if there is a reasonable suspicion the driver is drunk or committed a traffic offense. Reasonable suspicion generally requires specific facts together with reasonable suspicion. The police can’t stop a driver based on “a hunch.”
Oct 23, 2018 · Fact-Checked. The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
In addition to driving patterns, an officer's observations during a traffic stop can supply the necessary probable cause for a DUI arrest. To justify an arrest, officers often cite factors like the odor of alcohol, bloodshot eyes, slurred speech, and odd behavior.
