When the police conduct a DUI stop, they are looking for evidence of impaired driving. They may ask you to take field sobriety tests. They may simply ask you questions, and some officers will even ask you if you have had anything to drink that night. They may administer a breath test.
But before all of this happens, it is important for the police to have reasonable suspicion to stop the car. They cannot just pull your car over at random, hoping that they will see signs of impairment. What could constitute reasonable suspicion?
Common driving mistakes
Often, the police are just looking for driving mistakes that are more likely with impaired drivers.
Maybe they see your car weaving back and forth in the lane or making wide turns, so it looks like you are not really in control. Perhaps they watch you sit at a green light, even after the light changes, as if you did not notice that it turned green. Perhaps they see your car driving with the headlights off, even though it is 2 o’clock in the morning.
Additionally, many officers will stop people for unrelated issues. Maybe the officer sees you roll through a stop sign, for example, or clocks you going over the speed limit. They can still pull your car over on those grounds, even if they do not yet have any indication that you are impaired. But if they find out that you are under the influence, then they could escalate things to a DUI charge.
From a defense perspective, if you are facing charges and you believe the police did not have reasonable suspicion to stop your car, it is very important for you to know exactly what legal steps you can take.