Police officers have a duty to keep the roads safe, and one of the ways they do that involves stopping drunk drivers from operating vehicles. When police officers see something that they feel shows a driver is drunk, they may initiate a traffic stop.
There are several things that might happen at a drunk driving stop. Throughout the process, the person who’s stopped has rights. Understanding what to expect can help motorists to remain calm and focused if they’re ever pulled over due to an officer’s suspicion of impairment.
What’s considered a legal suspected drunk driving stop?
A legal suspected drunk driving stop must be based on reasonable suspicion. This means that an officer must have a reasonable basis for believing that the driver is impaired or has committed a traffic violation.
It can stem from various observations, such as erratic driving behaviors like swerving, speeding or failing to maintain lane position. Other indicators include driving with headlights off at night or making unusually wide turns. These behaviors suggest that the driver may be impaired, justifying the officer’s decision to initiate a traffic stop.
How is impairment determined?
Once the vehicle is stopped, the officer will approach and begin an interview with the driver to determine impairment. During this initial interaction, the officer will look for signs such as the smell of alcohol, slurred speech, bloodshot eyes or an inability to respond coherently to questions. If these signs are present, the officer may ask the driver to step out of the vehicle to perform field sobriety test.
Only three field sobriety tests are considered reliable enough to be admissible in court. These include the walk-and-turn test, the one-leg stand test and the horizontal gaze nystagmus test. These tests assess the driver’s balance, coordination and ability to follow instructions, all of which can be negatively impacted by impairment.
What can lead to an arrest?
If the results of a field sobriety tests or other objective observations indicate impairment, the officer may proceed with chemical tests to measure the driver’s blood alcohol concentration (BAC). This can involve a breathalyzer test at the scene, which provides an immediate estimate of BAC. In some cases, the driver may be taken to a police station or medical facility tests, which can give more accurate measurements of alcohol or drug levels in the system. A BAC reading of 0.08% or higher constitutes legal intoxication in North Carolina.
Anyone who’s arrested for drunk driving should ensure that they evaluate their defense options as quickly as possible. There is too much at stake to justify a delay.