Reasonable Suspicion

Reasonable suspicion allows law enforcement to stop and detain a person based on specific facts. Police officers must be able to demonstrate that something they have observed suggests potential criminal activity, giving them cause to initiate a traffic stop or investigation. 

Many DUI stops in California happen as a direct result of reasonable suspicion. For example, you could be pulled over for erratic behavior, a traffic violation, speeding, or other reckless driving actions that may indicate some sort of impairment.

If you do get stopped, a Los Angeles DUI lawyer can help you determine whether the officer had reasonable suspicion and if the stop was lawful. To learn more about other legal terms and what they mean, take a look at our glossary. 

What Evidence is Needed for Reasonable Suspicion?

Reasonable suspicion must come from legally justified facts. It cannot be based on a hunch or gut instinct, which is why law enforcement must be able to present evidence to meet this legal standard. 

When being stopped for a DUI, common examples of reasonable suspicion include: 

• Weaving between lanes 
• Speeding or driving way below the speed limit 
• Running a red light or a stop sign 
• Unpredictable behavior, such as sudden braking 
• Failing to signal 
• Fleeing when you see police 
• Driving the wrong way down a one-way street 
• Driving at night without your headlights on 
• Broken taillights or expired registration 
• Tips from reliable witnesses or informants 

These are just some of the signals that may give a police officer cause to pull you over. Any indication that you are behaving erratically or breaking the law could lead to you being detained. 

Reasonable Suspicion vs. Probable Cause 

While reasonable suspicion is all that’s needed to stop someone, probable cause often justifies further investigation and an arrest. As such, probable cause is a much higher legal standard that requires more sufficient evidence. Here’s how they both work in action: 

Reasonable Suspicion Example 

If a traffic officer observes you drifting between lane markings and then making an illegal turn, they may suspect impairment. This gives them enough reason to pull you over and investigate further. They may also be able to temporarily detain you. 

Probable Cause Example 

Once they’ve stopped you, the traffic officer may notice your slurred speech or detect alcohol on your breath. Pairing these observations with your erratic driving, the officer may conduct a field sobriety test and establish probable cause to arrest you for driving under the influence. You’ll then be faced with DUI charges. 

California Laws Around Traffic Stops 

Like the rest of the United States, California follows the Fourth Amendment when it comes to these types of traffic stops. This means that you are protected against unreasonable search and seizure unless an officer has probable cause or a signed warrant. 

If you’re stopped under reasonable suspicion, the officer may conduct a brief investigation to determine whether further action is needed. If there is no probable cause to escalate, they cannot arrest you for a DUI. 

Having these rules in place prevents law enforcement from stopping or investigating people with no valid reason, which is a direct violation of your rights. They must be able to explain their reasoning clearly and show that their decision was based on observational evidence. 

How to Challenge an Unlawful Traffic Stop

Sometimes there is no justification for a traffic stop. In this instance, you may be able to challenge the officer who pulled you over and potentially have any charges overturned. However, you must go through the correct legal channels. 

Hiring a DUI lawyer can help you by: 

• Reviewing the police report to assess the reason for the stop and determine whether it was sufficient. 
• Looking through additional evidence, such as dashcam footage and bodycam footage, to see if the officer’s story lines up with the facts. 
• Highlighting violations of your rights during the stop. 
• Filing a motion to suppress any evidence that was unlawfully gathered during the stop. 

Being stopped with no justification is a direct breach of your Fourth Amendment rights. A skilled attorney will be able to identify evidence of this and fight for your case throughout the legal process. 

What to Do After a DUI Traffic Stop in California

When a police officer pulls you over for a suspected DUI, it can be daunting. Try to remain calm and remember to cooperate with lawful instructions while making sure your rights are protected. 

The officer will usually tell you why they have stopped you. Listen carefully to their reasoning, as this will give you an indication of whether or not they had legal justification to pull you over. Remain silent if possible, so you don’t end up making statements that could be used against you later. 

You may be asked to take a field sobriety test or a breathalyzer test. Just remember to document everything later and note down anything you found unusual or unlawful about the interaction. After that, contact a DUI lawyer to get the legal advice and guidance you need. 

Team Up With a Los Angeles DUI Lawyer to Learn More 

If you think your rights were violated during a traffic stop, a DUI lawyer in Los Angeles can provide the support you need. They will check whether the right legal procedures were followed and work hard to get any charges against you reduced or dropped.

At Los Angeles DUI Attorney, we can put you in touch with a legal team that will carefully investigate your case and advocate passionately for you. All you have to do is get in touch with our team to learn more.

Get peace of mind now. Contact us today to discuss your DUI stop and get the legal representation you need.