The police are always on the watch for drunk drivers – but they cannot lawfully stop any vehicle they want just to look for impaired drivers.
Officers have to be able to articulate specific facts that give them “reasonable suspicion” that the driver is not sober before they can pull them over. If the officer cannot, then the stop itself – and everything that results from it – may be unlawful and inadmissible in court.
Driving behaviors that may create reasonable suspicion
Certain actions may suggest that a driver is having difficulty safely controlling a vehicle. Examples include observation that a driver is:
- Weaving repeatedly in the road’s lanes
- Drifting across yellow lines or onto the road’s shoulder
- Driving significantly below the speed limit without an apparent reason
- Speeding up or slowing down unpredictably
- Braking for no apparent reason
- Nearly striking another vehicle, pedestrian, mailbox or pole
- Driving on the wrong side of the road
- Making an unusually wide, abrupt or illegal turn
- Straddling the center line or driving between lanes
- Driving at night without headlights
- Following another vehicle too closely
- Signaling inconsistently with the vehicle’s movements
- Running a red light or stop sign without even slowing
- Driving away from a bar or event venue in an erratic manner
- Found asleep or unconscious behind the wheel of a stopped vehicle
Police can also lawfully stop a vehicle when they’ve received a credible report of a driver who is acting erratically or seems impaired, such as happens when others on the road call 911 to leave a tip.
One mistake doesn’t make necessarily create reasonable suspicion
Many driving mistakes have innocent explanations. A driver may briefly cross the yellow line, for example, while avoiding a pothole, slow down because of poor visibility or brake suddenly when an animal enters the road. A momentary mistake may not establish reasonable suspicion by itself, particularly when the driver otherwise operates the vehicle safely.
If you believe that an officer lacked reasonable suspicion for the initial stop that resulted in your DUI charge, a DUI defense attorney may be able to challenge the stop and seek to suppress evidence obtained afterward as part of your defense.