It is certainly true that the police understand certain areas or times where people are more likely to be drinking. They may increase enforcement levels in a notorious bar district over the New Year’s holiday, for example. They know there is a greater chance that there will be drunk drivers on the road.
However, what you generally do not see is a police officer just waiting outside of a local bar. In theory, they could watch someone walk out of the bar and get in their car, and they could then pull that person over for impaired driving. But there is a key reason why they do not do this: reasonable suspicion.
What does reasonable suspicion look like?
Essentially, the issue is that the police officer needs to have reasonable suspicion to stop a vehicle in the first place. Just because they watched a person come out of the bar does not give them a reason for a traffic stop. That person could be completely sober, perhaps just drinking water with their friends.
Instead, the officer needs to see some evidence of impairment or a reason for the traffic stop. This could be a mechanical issue, like a broken headlight. The officer could see the driver make significant mistakes, like driving erratically, rolling through a stop sign, or failing to adhere to the speed limit. But they cannot just pull drivers over at random and give them breath tests while searching for a drunk driver. They need to have reasonable suspicion first.
Are you facing DUI charges, and do you have questions about whether or not the police had a reason to stop your vehicle? It is important to know exactly what legal defense options you have.
