Police officers have to try to keep the roadways safe, which can sometimes mean pulling over a vehicle if they think that a driver is impaired. It’s critical to know that officers can’t do this unless they have reasonable suspicion, which requires them to see something that a reasonable person would believe indicates that the driver in question is impaired or otherwise breaking the law.
There are several things that an officer may see that could lead them to believe that something is amiss. For example, they may notice that a vehicle isn’t maintaining its position in a traffic lane or that the driver isn’t following any traffic signs or signals.
What happens if an officer has reasonable suspicion to think a driver is impaired?
Once an officer notices signs of impairment, they will stop the vehicle and try to find out what’s happening. This usually begins with speaking to the driver. During this time, the officer may pay attention to clues, such as alcohol on the driver’s breath or open alcohol containers in the vehicle, that could back up their suspicion of drunk driving.
The officer may ask the driver to take a field sobriety test or a breath test. These are both ways the officer may try to gauge whether the driver is impaired or not. If the officer gathers evidence that indicates drunk driving, they may opt to arrest the driver.
What happens if a driver is arrested for drunk driving?
If the driver is arrested, they’ll likely be taken to a location, such as a hospital or jail, where a breath, urine or blood test can be done to determine their blood alcohol concentration (BAC). If this .08% or higher, the driver will be considered legally impaired.
In most cases, the BAC result of a roadside breath test isn’t admissible in court. However, the results of a breath test obtained by a stationary breath test machine, a blood test or a urine test are all admissible in court. Those results, as well as the cause of a stop, can inform an individual’s defense strategy. Working with a legal representative who can assist with building that strategy can be beneficial, given all that is at stake.