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What is the role of reasonable suspicion in drunk driving stops?

On Behalf of | Sep 8, 2025 | Criminal Defense

Police officers have to determine how they can keep the roadways as safe as possible. One way they often have to do this is to conduct traffic stops when they suspect someone is driving drunk. This gives them the ability to determine if the driver is impaired or if there’s something else going on. 

A police officer can’t just stop vehicles because they feel like it. Suspected drunk driving traffic stops must be based on reasonable suspicion. This is a standard that means the officer saw something that would lead a reasonable person to believe that the driver is impaired. 

What can lead to reasonable suspicion for a drunk driving stop?

There are many signs that can indicate impaired driving. Some of these include:

  • Driving aggressively
  • Stopping without a reason
  • Failing to obey traffic signals or signs
  • Swerving between lanes

Other signs might be possible, so the officer has to ensure they’re accurately assessing the situation. 

Once the officer conducts the traffic stop, they will speak to the driver to determine what’s going on. They will also look for other signs of drunk driving, such as open bottles or the smell of alcohol on the driver’s breath. If the officer still suspects drunk driving, they may ask the driver to take a field sobriety test, a chemical test or both. The results of those may lead to an arrest if there’s probable cause. 

Defendants in drunk driving cases should ensure they explore the options for their defense strategy. This can vary greatly, depending on the circumstances associated with the arrest. Working with someone who can assist with determining how to proceed is beneficial, but this should be done as soon as possible after the arrest is conducted.