As a general rule, police officers are not supposed to conduct random traffic stops. Even if it’s a time when they know that impaired driving is common – such as after 2:00 AM – they can’t randomly stop drivers just to give them breath tests. They usually need to see some sign of impairment or some driving mistake to show that the stop is warranted.
Of course, police officers may gather more evidence after the stop. They could have the driver perform field sobriety tests or take a breath test. But the officer doesn’t have this type of evidence prior to the stop, so they need something else in order to pull over the car. If they don’t have a reason, then it may be an illegal stop and a violation of the driver’s rights.
Common signs and driving errors
Every situation is unique, but below are a few common signs of drunk driving:
- Swerving within the lane for no reason.
- Not turning on the headlights when driving in the dark.
- Driving in the middle of the road, with the wheels straddling the centerline.
- Erratically braking or stopping for no reason.
- Running into a curb or another vehicle, or having a near miss.
- Making extremely wide turns.
- Driving in the wrong direction, especially on the interstate.
- Making abrupt movements, such as illegal turns.
- Not responding as expected to conditions on the road –such as suddenly slamming on the brakes or failing to drive when a light turns green.
As noted above, it is important for police officers to have a reason to stop a vehicle or it could violate the driver’s rights. Those who are facing allegations, then, must know about all their legal defense options.
