The Traffic Stop

Probable cause for a stop

Visible signs of impaired driving

Swerving or weaving between lanes
One of the most common signs of impaired driving that officers look for is swerving or weaving between lanes. This erratic behavior indicates that the driver may be struggling to maintain control of the vehicle due to the effects of alcohol on their coordination and judgment. When an officer observes a car drifting across lane lines or struggling to stay within a single lane, they have probable cause to initiate a traffic stop to investigate further.

Driving too slowly or erratically
In addition to swerving, officers also watch for vehicles that are traveling significantly below the posted speed limit or are accelerating and braking erratically. Impaired drivers often have difficulty maintaining a consistent speed and may fluctuate between driving too fast and too slow. They may also stop abruptly or accelerate rapidly for no apparent reason. These behaviors can be a sign that the driver is impaired and may prompt an officer to pull them over.

Failing to obey traffic signals or signs
Another indicator of impaired driving is a failure to obey traffic signals and signs. Intoxicated drivers may run red lights or stop signs, either because they do not see them or because they are unable to react quickly enough to stop. They may also make improper turns or fail to yield the right-of-way to other vehicles or pedestrians. These violations provide officers with probable cause to stop the vehicle and assess the driver’s condition.

Traffic violations

Speeding

Speeding is one of the most common traffic violations that can lead to a traffic stop. While not always an indicator of impaired driving, speeding can be a sign that the driver is not fully in control of the vehicle. Officers may use radar or other speed-measuring devices to determine if a vehicle is exceeding the posted limit and use this as probable cause for a stop.

Reckless driving

Reckless driving is a more serious offense that involves a willful disregard for the safety of others on the road. This can include behaviors such as weaving in and out of traffic, passing in no-passing zones, or driving on the wrong side of the road. Officers who observe reckless driving have probable cause to stop the vehicle and investigate the driver’s condition, as this behavior is often associated with impairment.

Running red lights or stop signs

Running red lights or stop signs is a clear violation of traffic laws and can be an indicator of impaired driving. Intoxicated drivers may not be able to react quickly enough to stop at a red light or may fail to notice a stop sign altogether. Officers who observe a vehicle running a red light or stop sign have probable cause to initiate a traffic stop and assess the driver’s condition.

Equipment violations

Broken or missing lights

Officers also have probable cause to stop a vehicle if they notice equipment violations, such as broken or missing lights. Headlights, taillights, and brake lights are essential for safe driving, and a failure to maintain these components can be a sign of negligence or impairment. If an officer notices that a vehicle’s lights are not functioning properly, they may pull the driver over to investigate further.

Expired registration tags

Expired registration tags are another common equipment violation that can lead to a traffic stop. While not necessarily an indicator of impaired driving, an expired tag may prompt an officer to pull a vehicle over and check the driver’s documentation. During this process, the officer may observe signs of intoxication that provide probable cause for further investigation.

Visible damage to vehicle

Visible damage to a vehicle, such as dents, scrapes, or broken windows, can also be a reason for a traffic stop. This damage may indicate that the vehicle has been involved in a collision or other incident that could be related to impaired driving. Officers who notice significant damage to a vehicle may pull the driver over to assess the situation and determine if alcohol was a factor.

Officer's observations and assessment of driver

Signs of intoxication

Slurred or incoherent speech

Once an officer has pulled a driver over and begun to interact with them, they will be looking for signs of intoxication. One of the most common indicators is slurred or incoherent speech. Alcohol can affect a person’s ability to speak clearly and coherently, causing them to mumble, stutter, or have difficulty forming complete sentences. If an officer notices that a driver’s speech is impaired, this can be a strong indication that they are under the influence of alcohol.

Strong odor of alcohol on breath or in vehicle

Another key sign of intoxication is the odor of alcohol on a driver’s breath or in the vehicle. Officers are trained to detect the distinct smell of alcoholic beverages, and the presence of this odor can provide probable cause for further investigation. If an officer notices the smell of alcohol when talking to a driver or when approaching the vehicle, they may ask the driver to step out of the car for additional questioning and assessment.

Bloodshot, glassy, or watery eyes

Another key sign of intoxication is the odor of alcohol on a driver’s breath or in the vehicle. Officers are trained to detect the distinct smell of alcoholic beverages, and the presence of this odor can provide probable cause for further investigation. If an officer notices the smell of alcohol when talking to a driver or when approaching the vehicle, they may ask the driver to step out of the car for additional questioning and assessment.

Flushed or reddened face

A flushed or reddened face is another physical sign of alcohol consumption that officers may look for during a traffic stop. Alcohol can cause blood vessels in the face to dilate, leading to a red or flushed appearance. While this sign alone may not be enough to establish probable cause for an arrest, it can contribute to an officer’s overall assessment of a driver’s condition.

Difficulty maintaining balance or coordination

Impaired drivers often have difficulty maintaining their balance and coordination, both inside and outside of the vehicle. Officers may observe a driver swaying, stumbling, or having trouble standing up straight when they exit the car. They may also notice a driver fumbling with their keys or struggling to retrieve their license and registration. These signs of impaired coordination can provide further evidence of intoxication and may lead to field sobriety tests.

Requesting driver's documentation

Driver's license

During a traffic stop, officers will typically ask the driver to provide their license, registration, and proof of insurance. The driver’s license is the most important of these documents, as it verifies the driver’s identity and age. Officers will examine the license to ensure that it is valid and belongs to the person operating the vehicle. They will also note any restrictions or limitations on the license that could be relevant to the traffic stop.

Vehicle registration

In addition to the driver’s license, officers will also request the vehicle registration during a traffic stop. This document provides information about the vehicle’s owner, make, model, and license plate number. Officers will check to ensure that the registration is current and matches the vehicle being driven. Any discrepancies or irregularities with the registration may raise suspicions and provide probable cause for further investigation.

Proof of insurance

Proof of insurance is the third document that officers will typically request during a traffic stop. Drivers are required to carry proof of valid auto insurance coverage, and failure to provide this documentation can result in citations or other penalties. Officers will examine the insurance card or policy to ensure that it is up-to-date and valid for the vehicle being driven.

Checking driver's age

Confirming driver is under 21

One of the most critical pieces of information that officers will look for when examining a driver’s license is their age. In cases of suspected underage DUI, confirming that the driver is under the legal drinking age of 21 is essential. Officers will note the driver’s date of birth and calculate their age to determine if they are legally allowed to consume alcohol. If the driver is found to be under 21, any signs of impairment or alcohol consumption will be treated much more seriously under zero-tolerance laws.

Noting age for potential zero tolerance violations

If an officer confirms that a driver is under 21, they will be particularly vigilant for signs of alcohol consumption or impairment. In all 50 states, there are zero-tolerance laws that prohibit drivers under 21 from operating a vehicle with any measurable amount of alcohol in their system. The legal limit for underage drivers is typically much lower than the 0.08% BAC limit for adults, with some states setting the limit as low as 0.00%. Officers will note the driver’s age and use this information to guide their investigation and determine if a zero-tolerance violation has occurred.

Flushed or reddened face

A flushed or reddened face is another physical sign of alcohol consumption that officers may look for during a traffic stop. Alcohol can cause blood vessels in the face to dilate, leading to a red or flushed appearance. While this sign alone may not be enough to establish probable cause for an arrest, it can contribute to an officer’s overall assessment of a driver’s condition.

Difficulty maintaining balance or coordination

Impaired drivers often have difficulty maintaining their balance and coordination, both inside and outside of the vehicle. Officers may observe a driver swaying, stumbling, or having trouble standing up straight when they exit the car. They may also notice a driver fumbling with their keys or struggling to retrieve their license and registration. These signs of impaired coordination can provide further evidence of intoxication and may lead to field sobriety tests.

Questioning the driver

Asking about alcohol consumption

Direct questions about drinking that night

Once an officer has observed signs of impairment and confirmed the driver’s age, they will begin to ask direct questions about alcohol consumption. These questions may include: “Have you been drinking tonight?” or “How much alcohol have you consumed?” Officers will gauge the driver’s response to these questions, paying attention to any admissions of drinking or attempts to downplay or deny alcohol consumption. The driver’s answers to these questions can provide important evidence for establishing probable cause and guiding the officer’s next steps.

Inquiring about origin and destination of trip

In addition to direct questions about drinking, officers may also inquire about the driver’s whereabouts and plans for the evening. They may ask where the driver is coming from, where they are going, and what they have been doing leading up to the traffic stop. These questions can help the officer establish a timeline of events and determine if the driver’s activities are consistent with alcohol consumption. For example, if a driver admits to coming from a party or bar, this may raise suspicions of underage drinking and prompt further investigation.

Observing driver's responses and behavior

Noting inconsistencies or evasiveness in answers

As officers question the driver about their alcohol consumption and activities, they will be carefully observing the driver’s responses and behavior. One key factor that officers will look for is inconsistencies or evasiveness in the driver’s answers. If a driver’s story changes or contradicts itself, this can be a sign that they are not being truthful about their drinking or whereabouts. Similarly, if a driver is vague or evasive in their responses, refusing to directly answer questions or provide specific details, this can also raise suspicions of impairment.

Paying attention to admission of drinking

While some drivers may attempt to deny or minimize their alcohol consumption, others may be more forthcoming and admit to drinking. Officers will pay close attention to any admissions of drinking, as this can provide strong evidence for probable cause and support further testing or arrest. Even if a driver claims to have only had a small amount of alcohol, any admission of drinking can be significant, especially for underage drivers who are subject to zero-tolerance laws.

Assessing coherence and clarity of responses

In addition to the content of a driver’s responses, officers will also assess the coherence and clarity of their speech and communication. Impaired drivers may have difficulty understanding questions or providing clear, logical answers. They may ramble, repeat themselves, or lose their train of thought. Officers will note any signs of confusion, disorientation, or incoherence in the driver’s responses, as these can be indicative of alcohol impairment.

Building probable cause for further investigation

Throughout the questioning process, officers will be using the driver’s responses and behavior to build probable cause for further investigation. Probable cause is the legal standard that officers must meet to justify additional testing, searches, or arrest. By asking targeted questions and observing the driver’s reactions, officers can gather evidence that supports their suspicion of impaired driving. This may include admissions of drinking, inconsistencies in the driver’s story, physical signs of impairment, or other factors that suggest the driver is under the influence of alcohol.

Call for backup if officer suspects underage DUI

Radioing for additional officers to assist
If an officer has developed probable cause to believe that a driver under 21 is impaired by alcohol, they may call for backup to assist with the investigation. Radioing for additional officers to respond to the scene can provide important support and resources, especially if the officer anticipates that the driver may be uncooperative or resistant to testing or arrest. Backup officers can help with administering field sobriety tests, searching the vehicle, or transporting the driver to the station for further processing.

Preparing for field sobriety tests and potential arrest
When an officer suspects underage DUI, they will begin to prepare for the next steps in the investigation, which typically include field sobriety tests and potentially an arrest. The officer will start to organize their observations and evidence, making sure that they have a clear and thorough record of the driver’s behavior and any signs of impairment. They may also begin to plan for the specific tests they want to administer and consider the best location and setup for conducting these tests safely and effectively.

Ensuring safety of officer and suspect throughout process
Throughout the traffic stop and investigation, the officer’s top priority will be ensuring the safety of themselves and the driver. Impaired drivers can be unpredictable and may become agitated or confrontational when faced with the prospect of arrest. Officers will take steps to maintain control of the situation, using backup officers and other resources as needed to keep the driver calm and compliant. They will also be aware of their own safety, positioning themselves and their vehicles to minimize the risk of injury or accident.

Transition to next section on field sobriety tests
With probable cause established and backup officers on the way, the traffic stop is now poised to transition into a more formal DUI investigation. The next critical stage in this process will be the administration of field sobriety tests, which are designed to assess the driver’s balance, coordination, and ability to follow instructions. These tests will provide key evidence to support an arrest decision and build a strong case for prosecution. In the following section, we will explore the specific types of field sobriety tests that officers may use and the role that these tests play in underage DUI investigations.