While police officers have many legal powers at their disposal, they are also subjected to the rules of law. They cannot discriminate against citizens and they cannot randomly pull vehicles over and arrest drivers on DUI charges.
To perform a traffic stop, officers generally need reasonable suspicion that an offense has been committed. This may include things like a driver exceeding the speed limit or performing other unusual driving maneuvers. To make an arrest, however, officers require more than reasonable suspicion. They must be able to show probable cause. What is probable cause in DUI cases?
Signs of impairment
When an officer pulls a driver over, they will be looking for signs of impairment. There are several ways that they can do this. They may first assess how the driver is talking to them. For example, if the driver is slurring their words, this could amount to probable cause for DUI.
It is not only how the driver is talking, but what they say that matters. An admission to having an alcoholic drink could suffice as probable cause. Officers will also look out for bloodshot eyes, the smell of alcohol and other signs of potential impairment.
Officers also have alcohol detection equipment that they can utilize. A reading that indicates a blood alcohol content (BAC) level of over 0.08% provides officers with the probable cause required to make an arrest.
When stopped on suspicion of DUI, every word you say and action that you take matters. It’s best to say as little as possible until you have sought legal guidance.