What is “reasonable suspicion” and how can it affect a DUI case?
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Many drivers are not aware that a police officer must have “reasonable suspicion” in order to pull over a vehicle.
After being stopped for impaired driving, a police officer must then have “reasonable suspicion” that the driver is intoxicated in order to perform a field sobriety test. Without this “reasonable suspicion”, it is illegal for an officer to pull over a vehicle and to make an arrest.
A few examples of “reasonable suspicion” include: straddling the center line, an illegal turn, drifting from one lane to another, frequent braking and erratic driving. It is also important to understand that a DUI arrest can occur even when a driver is stopped for a completely different offense. For instance, a broken brake light would constitute sufficient grounds for a traffic stop. Once the officer suspects the driver is impaired, the field sobriety test is then administered.
