1. Police officers must have a reason for stopping your vehicle

Before a Police Officer can pull you over they must have a
legitimate reason for stopping your vehicle. The most common
reasons include speeding, failing to maintain a single lane,
and ignoring traffic safety devices. If you obey the traffic
laws and still get pulled over, there is a good chance you can
get your case dismissed by a Motion to Suppress. The best way
to ensure the Police do not stop your vehicle to conduct a DWI
investigation is to closely follow all the traffic laws and
devices in the area you are driving in.

2. If the Police stopped your vehicle for a legitimate reason,
the Police must still have “reasonable suspicion” to conduct a
DWI investigation.

“Reasonable Suspicion” exists if the officer has specific
articulable facts which, taken together with rational inferences
from such facts, reasonably justify the officer to believe that
a particular person has engaged or is engaging in a criminal
activity. Terry v. Ohio, 392 U.S. 1, 21 (1968). In simple terms
the Police are looking for certain signs that would indicate you
are driving while intoxicated. Police officers are taught to
look for the following symptoms of impairment. If only a few of
these signs are present an officer will have “reasonable
suspicion” to conduct a DWI investigation. This list is based
on research conducted by the National Highway Traffic and
Safety Administration (NHTSA).

• Flushed face
• Red, watery, glassy or bloodshot eyes
• Odor of alcohol on breath
• Slurred Speech
• Fumbling with wallet while trying to get license
• Failure to comprehend officer's questions
• Failure to comprehend officer's questions
• Unsteady of feet while exiting vehicle
• Swaying while standing
• Leaning on car for support
• Being combative, argumentative or jovial while talking with officer
• Disheveled clothing
• Lack of awareness in regards to time and place
• Unable to follow police instructions

3. After the Police have conducted their investigation,
they only need “probable cause” to arrest you for DWI.

The definition of probable cause is “a reasonable belief that a
person has committed a crime.” The issue is this definition is
not a bright line rule or test. It is a belief based on the
officer’s training and experience. Probable Cause is a higher
burden of proof than the reasonable suspicion the police need to
conduct their DWI investigation, but it does not determine guilt
or innocence. In a DWI investigation a police officer bases his
belief of probable cause on the evidence you provide by your
looks and actions at the scene, the standardized field sobriety
tests, and/or the breath or blood tests. The less evidence the
police have, the harder it is to prove you were driving while
intoxicated. If you refuse to do every test the police offer,
you will in essence have given the police no evidence by which
to establish probable cause. However, the police will use this
refusal to substantiate their beliefs and this will allow them
meet their burden of probable cause. It is important to
remember that just because the police have probable cause to
arrest you, this does not equal guilt.

For more information on Driving While Intoxicated please visit my website
at http://www.lassiterlawoffice.com

(c) Copyright - Mark T. Lassiter. All Rights Reserved Worldwide.