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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Cop Stops

Cops are allowed to stop anyone for a certain period of time without arresting them, for purposes of determining whether or not a crime is being or was committed. Although law enforcement can stop a person and detain them without arrest, they cannot detain them for an unreasonable amount of time or indefinitely without making an arrest and filing charges. This violates our constitutional right against unreasonable searches and seizures. But “when” and “for how long” a cop can stop you without making an arrest is a little ambiguous since it depends on the particular circumstances of the encounter.

What to Expect

During a typical cop stop, the amount of time they detain you will vary depending on the situation. But the reasonable amount of time for a cop to stop someone without arresting them would be however long it takes to ask them for name, address, date of birth, a photo identification, and a few questions. This is what you should expect during a typical police encounter. If you are in your vehicle, they may request additional documents, including vehicle registration, drivers’ license, car insurance, and title.

How to Conduct Yourself

As the person on the other end of the cop stop, you should always behave respectfully and cooperate with police. Simply refusing to identify yourself gives them the right to arrest you. Even if they are being unethical, you must remember they have the power at the moment. So it is important to clearly identify yourself, provide the documents they request, and be as agreeable and polite as possible. This will increase your chances of being excused.

Keep in mind that you do not have to answer their questions since you have the right to remain silent, but always be polite, and never argue or lie to police. You can simply say, “I do not wish to answer any questions” and they will move forward. If you believe you were wrongfully arrested or treated by police, or detained or held in custody for too long without being charged for a crime, you should contact an Indianapolis criminal defense attorney for help.

Indiana Criminal Defense Law Firm

Call 317-636-7514 to schedule a consultation with aggressive Indiana criminal defense attorney, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.

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5 Types of Probable Cause for DUI Traffic Stops