Although the facts will differ among all cases of drunk driving arrests, there is a general guideline that police officers use to determine probable cause in a DUI traffic stop. Continue reading to learn what signs and clues law enforcement look for to establish probable cause in a drunk driving arrest and what to do if you were recently charged with a similar offense in Indiana.

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Reasonable Suspicion for Traffic Stops

When it comes to DUI traffic stops, it is important to understand the difference between reasonable suspicion and probable cause. In all cases of traffic stops, whether a driver has been drinking alcohol or not, law enforcement must have reasonable suspicion that a driver has committed a traffic violation or infraction before pulling them over. Once pulled over, law enforcement must then establish probable cause to make an arrest.

In order for a police officer to legally arrest a person for a DUI, there must be probable cause, which is evidence that supports an officer’s reasonable belief that a driver is intoxicated, or under the influence of a drug or controlled substance.

Reasons You Might Have Been Pulled Over for Drunk Driving

Both reasonable suspicion and probable cause can be a means to a DUI arrest. Police officers can use either principal, or both, to conduct a legal traffic stop and establish an arrest. The types of probable cause or reasonable suspicions can vary depending on each situation of intoxicated driving. However, these are the top 5 reasons why police officers pull people over and arrest them for drunk driving:

❶ Traffic Violations

Traffic violations are one of the top reasons why people are pulled over, regardless of alcohol involvement. Common traffic violations include expired license plates, illegal U-turns, illegal parking, failure to use turn signals, ignoring traffic signs, running red lights or stop signs, and most recently, texting and driving.

❷ Reckless Driving

Poor driving is another common reason why police officers pull people over. If a person is exhibiting bad or reckless driving, a cop can legally pull them over to conduct a traffic stop. Examples of reckless or bad driving include speeding, following too closely, failing to yield, ignoring traffic signs, driving too slow, and similar risky behaviors.

❸ Car Accidents

Speaking of risky behaviors, law enforcement can use the occurrence of a car accident to establish reasonable suspicion to question a driver. Whether you are at fault for a car accident or not, police can question you, and if it comes down to it, arrest you for a DUI. They would need to make some observations to establish a legal basis for arresting you, though. See below to learn more.

❹ Mid-Stop Observations

Once a police officer has pulled a driver over, they can continue their investigation by keeping their eyes open for tells or signs that a person has been drinking alcohol or using illicit drugs. A cop can establish probable cause and make a DUI arrest if they smell alcohol on your breath, hear you admit to having a drink earlier, see alcohol containers in your car, catch you in a lie, and more. Other signs that officers use as evidence of drunk driving include slurred speech, glossy or red eyes, dilated pupils, slowed movements, incoordination, insubordination, crying, and hostility.

BAC Testing

To really seal the deal and come in with some valid evidence to support their reasonable suspicion and probable cause, law enforcement relies on field sobriety testing and blood-and-alcohol (BAC) testing. Also known as chemical testing, a breathalyzer is one of the most common devices used during traffic stops to determine a driver’s level of alcohol in their system, and therefore, reveal how much they’ve had to drink within a 24 hour time period.

The legal limit is 0.08 percent BAC. If you blow this or more, you will be arrested on DUI charges. Upon being arrested, and with your consent, law enforcement will request to have your blood drawn and tested to confirm a precise BAC value.

Field sobriety testing is another strategy used by law enforcement to establish probable cause for a DUI arrest. Walking the line, touching the nose, and following the pen with the eyes are typical phases of a field sobriety test.

Were you recently arrested for a DUI or similar offense in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for aggressive and skilled DUI criminal defense in Indianapolis, Indiana. Our teams work around the clock to reduce or dismiss your DUI penalties and avoid jail!

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If you are ever out on the town and have had at least two alcoholic beverages, you could very well be over the state legal limit for drinking and driving. This of course depends on several variables, including your weight, the type of alcohol imbibed, the amount of alcohol consumed, the time period in which the alcohol was consumed, and more. In Indiana, any driver that has a blood alcohol content (BAC) of 0.08 percent or more is considered legally intoxicated and guilty of drunk driving. The legal limit drops to 0.04% for commercial drivers, and even lower to 0.02% for underage drivers.

If a police officer suspects that a driver is intoxicated, they will proceed to pull them over and investigate. In other instances, a person may be pulled over for something entirely unrelated, but if the officer observes any visual cues that are indicative of intoxication, they will proceed with a spontaneous DUI investigation. Either way, if you are ever pulled over by law enforcement, and you have been drinking, be sure you know what to do and how to behave for the sake of protecting your rights and preserving your freedoms.

When You See the Red and Blue Lights Come On…

Pull Over Appropriately. Do not panic or make any sudden jerking movements. Just signal your light and slowly pull over out of the way of traffic. In Indiana, you must always pull over the right side of the road. If you pull over on the left, law enforcement will immediately suspect you may be impaired.

Stay Inside Your Car. Once you are pulled over to the side of the road, turn your engine off and remain in the car. Put on your blinkers, and if it is dark out, turn on your interior light. Now that you have done all this, place your hands on the steering wheel and keep them there until the officer arrives. This process demonstrates behaviors that are least likely to raise concerns for a cop. It is honest and normal behavior, not suspicious. Only get out of the vehicle if the officer asks.

Avoid Suspicious Behaviors. You are always being observed on a traffic stop, it is part of law enforcement training. Everything you do is being noted mentally or by video surveillance. Do not do anything that looks as though you are attempting to hide or conceal something. For example, a cop can search you and your vehicle if he sees you lean forward after he pulls you over. This indicates you are trying to hide something under the seat. Small behaviors like this can raise suspicion in law enforcement. Do not spray anything to mask smell, insert eye drops, chew gum, eat a mint, or fidget for paperwork and other items. These are all cues that you are perhaps hiding or guilty of something.

Be Respectful and Obedient. Do everything that the officer asks of you and be polite. Remember, they are in complete control. Do not talk back, argue, or ask questions. Use relaxed and non-offensive body language. Any impression of stubbornness or aggression is detrimental to your outcome.

Do Not Volunteer Information. Never over share information to a cop when being pulled over and questioned. Answer their questions without volunteering any additional information and keep a respectful tone. Talking too much can get you into more trouble. Not only can you mix up or contradict your story, you can allow an officer to get a whiff of any alcohol on your breath.

Do Not Say How Much You Have Had to Drink. When an officer asks you, and he will, how much you have had to drink, be careful what you say. Do not offer “underestimations” of how much you drank. This can be detrimental to your defense when it is time for your trial. Instead of saying, “I had one or two drinks” or some other under-estimation (especially if it’s untrue), simply remain silent, or say you don’t recall what you had to drink. You don’t want to blatantly lie to a police officer. And the judge for your hearing will know you lied if your BAC turned out to be higher than that of a person who has had “one or two” drinks.

Do Not Refuse BAC Testing. Indiana is an “implied consent” state. This means if you have a drivers’ license, then you automatically consent to BAC testing anytime. It is the law. If you refuse, your license will be automatically suspended for 12 months, and you will still be arrested. If an officer asks to perform a field sobriety test, politely ask if it is voluntary. If not, ask if you can have a breathalyzer instead. Although you should avoid asking questions, in this case it is okay since it could help you defense later on.

DUI Defense in Indiana

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis Attorney at Law at 317-636-7514 for aggressive and experienced criminal defense for DUI charges in Indiana. He is a licensed DUI defense lawyer that fights for his client’s rights and the preservation of their freedoms. Schedule a free initial consultation to learn the next steps after being arrested for drunk driving in Indiana. Act fast so that Attorney David E. Lewis can begin building a strong and impactful defense for your case to reduce or dismiss criminal charges. Call 317-636-7514 for DUI defense in Indianapolis, IN you can trust.

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5 Types of Probable Cause for DUI Traffic Stops