When stopping drivers for suspicion of driving while impaired, police officers cannot pull you over at random. Police officers must justify their initial stop, with what is called “articulable and reasonable suspicion.” To develop this police officers look for a traffic law violation or signs of possible imparied driving to support the traffic stop. Traffic violations or signs that may justify the stop of your vehicle include speeding, weaving witin your lane, crossing over the fog line, falling too closely, and failing to signal.
Once stopped and a police officer approaches your car, they will be looking for further evidence to support conducting a full blown DWI investigation, like the smell of alcohol or other illegal drugs, bloodshot eyes, slurred speech, and other observable indicators of possible impairment. Additionally, as a police officer talks with you, they will be looking inside your vehicle for contraband. Examples of contraband could include alcohol containers or drugs in plain view. Once there are developed indicators of possible impairment or an admission to consumption of alcohol by the driver, a police officer has a legal basis to request that you step out of your vehicle and submit to roadside field sobriety tests to show that you are fit to drive. There is nothing in the law that requires you to do these tests. For further information regarding the specifics on your DWI charge feel free to give us a call at 919-782-8115.