Probable Cause

In the United States, police officers cannot stop a driver for drunk driving without probable case. The National Highway Traffic Safety Administration (DOT HS-805-711) publishes a list of potential actions which can help an officer detect drunk drivers. Common driving actions which give an officer probable cause to stop a driver include turning with a wide radius, straddling the center line, almost striking an object, braking erratically, driving the wrong direction, following too closely, accelerating and decelerating rapidly, stopping without cause, drifting, weaving, turning illegally, and signaling inconsistent with driving actions.

Consider, however, that probable cause is not based on suspicion but on evidence. Evidence gathered by the officer must be sufficient to make another reasonable individual believe that a crime has been committed, is being committed, or will be committed. If you have been stopped for DUI but the officer did not have probable cause for the stop, talk to a DUI lawyer who can review the DUI arrest evidence.