The Two Kinds of Reasonable Suspicion in a DUI Case
Reasonable suspicion, or the belief that someone is involved in criminal activity, is basically an evidence-based hunch. Courts use the “reasonable person” or “reasonable officer” standard to evaluate reasonable suspicion in criminal cases. Basically, the question is whether an officer of similar experience and status would consider the circumstances sufficiently suspicious to warrant intervention. In a DUI case, and many other criminal cases as well, officers must have reasonable suspicion for the stop as well as an investigation.
Home construction usually begins with the foundation, and criminal cases usually begin with police interventions. If the foundation is weak, the house usually won’t stand up. Likewise, if reasonable suspicion is weak, a Tampa criminal defense lawyer is in an excellent position to successfully resolve the case. If this critical component is shaky, prosecutors negotiate from a position of weakness, and in many cases, a defense lawyer largely dictates settlement terms.
Initial Stop
Before we discuss the stop itself in the context of reasonable suspicion, we should discuss the officer’s purpose for being in the area.
Officers on DUI patrol often make profiling stops to pad their numbers. A DUI patrol is basically an “all hands on deck” patrol. Supervisors redirect patrol officers to certain areas and instruct them to issue as many citations, such as DUI citations, as possible.
These patrols have a self-fulfilling prophecy effect. If Officer Tim thinks he’ll find drunk drivers, he’ll probably find drunk drivers.
Basically, a profiling stop is a hunch-only stop. Officers cannot pull over drivers because they don’t “look right,” perhaps because they leave bars late at night.
Additionally, as a matter of law, certain driver behavior does not constitute reasonable suspicion. Furtive movements, like nervous glances into a rear-view mirror, are a good example.
All that being said, initial stop reasonable suspicion often isn’t difficult to prove. A traffic violation usually fits the bill. Most drivers cannot travel more than a few blocks without breaking at least one traffic law. Nevertheless, a Tampa criminal defense lawyer may still be able to successfully challenge reasonable suspicion in these cases, if the officer didn’t pull over several other motorists who committed the same infraction.
DUI Investigation
Driver statements, physical evidence in the vehicle, and/or the driver’s physical symptoms could justify a DUI investigation.
Almost invariably, officers ask the classic question “Sir/Ma’am, have you been drinking?” Any response other than a convincing “no” at least opens the door for a DUI investigation.
Incidentally, drivers have a Fifth Amendment right to refuse to answer this or any other questions. Drivers must only comply with basic “pull over” and “step out of the car” commands.
Open containers of alcohol in the vehicle or an odor of alcohol in the vehicle are also evidence of reasonable suspicion. Physical driver symptoms include:
- Slurred speech,
- Bloodshot eyes,
- Unsteady balance, and
- Slow reflexes.
Individually, these bits of evidence probably don’t establish reasonable suspicion. For example, an odor of alcohol in the car only proves that someone in the vehicle had been drinking. Similarly, cigarette smoke, fatigue, and many other things could cause bloodshot eyes.
However, since prosecutors must only show that the officer had a legal basis to test the subject for DUI, the whole is greater than the sum of the parts.
Connect With a Hard-Working Hillsborough County Attorney
A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. Convenient payment plans are available.
Source:
law.cornell.edu/wex/reasonable_suspicion
