DUI violations tend to have swift arrests based on the observations of the law enforcement officer that pulls the driver over. These observations are usually based on the behavior of the driver, how he or she performs the field sobriety tests and if he or she allows the portable breath tests. The officer is usually stationed at a lawful sobriety checkpoint or checking passing vehicles in routine stops based on speed or other observable actions. If the driver has bloodshot eyes, slurs his or her words or appears inebriated, all of these lead to the officer to either perform other tests or arrest the individual immediately.
When the officer is still unsure if the person operating the vehicle is intoxicated, he or she usually administers numerous varied field sobriety tests to determine if his or her initial suspicions were correct. If failure of the tests occurs, the officer may arrest the individual or administer a portable breath test. This preliminary alcohol screening tests the blood alcohol content to determine if it is over the legal limit of .08 percent.
Why a Stop Would be Unlawful
Once the driver has been arrested, he or she may run through the previous actions to understand where the event turned against his or her favor. What actions led to an arrest and suspicion the driver was intoxicated when no alcohol was consumed. After the arrest and Miranda Rights are read, the accused individual may obtain a criminal defense lawyer. It is at this point the hired lawyer may explain how the stop was illegal.
When a person is operating a vehicle, it is the behavior he or she exhibits during the drive that often tips off an officer that the driver is intoxicated. This leads the officer to perform subsequent tests. However, when no suspicion is available, the law enforcement agent should not be stopping drivers. Reasonable suspicion is absent in these instances, and no observable behavior is present. The driver may have crossed lanes once or twice to pass or to turn, but not swerving occurred. No sudden or immediate increase or decrease in speed occurred. This in turns removes any possible suspicion of intoxication. Without any type of probable cause, the officer is not legally permitted to pull the driver over.
Late Night Driving
Many individuals drive late or overnight for numerous reasons. When vehicle operators drive long distance at night, some law enforcement officers stop them because it is late at night instead of any possible intoxicating behavior. Even when some of these instances lead to drivers that have consumed alcohol, these are considered illegal stops. The officers pulled the driver over on the bias of him or her being a late-night driver.
Law enforcement officers often park near or by a bar, nightclub or related business. In order for the officer to legally pull over any leaving drivers or make an arrest, there must be suspicion the person has been drinking enough for his or her BAC to surpass the legal limit. Actions may be those going to the vehicle or once the person has started driving. When someone is inebriated, his or her driving is usually affected immediately. This shows nearby law enforcement agents that he or she should not be driving and an arrest is usually completed quickly.
Holidays, weekends, late nights and drinking establishments often draw police officers to observe those leaving. The behavior they observe from those leaving these areas or during these days often give probable cause through suspicion. DUI violations are usually discovered among these individuals in many instances. This allows a reason for pulling them over and when proved to the officer, the driver may be arrested for DUI offenses.