Police can’t pull over drivers randomly; they need a reason. This reason comes from “reasonable suspicion,” a legal standard requiring officers to observe something unusual or potentially unlawful before making a stop. DUI checkpoints, which are used in South Carolina, remain a controversial exception to this rule.
When it comes to DUI stops, if the officer doesn’t follow proper legal procedures, the entire case could fall apart. Here's what reasonable suspicion means, how it works in DUI cases, how it differs from probable cause, and how its lack could strengthen a DUI defense case.
What is reasonable suspicion?
Reasonable suspicion happens when an officer notices something that makes them think a driver might be breaking the law. It’s not proof of wrongdoing. However, it’s more like a clue that something isn’t right. In DUI cases, this might mean spotting signs of impaired driving such as swerving or failing to stay within the lines.
These behaviors could indicate the driver is under the influence, giving the officer a reason to investigate further. This might involve asking questions, running a field sobriety test, or using a breathalyzer. The key is that reasonable suspicion is based on the officer’s real-time observations that form the basis for the stop.
What are examples of reasonable suspicion for DUI stops?
Officers look for specific behaviors to justify a DUI stop. Common signs include:
- Straddling the center line
- Running a red light or making illegal turns
- Swerving or weaving between lanes
- Nearly hitting cars or roadside objects
- Driving extremely slowly or erratically
- Constant braking without cause
- Stopping in the middle of the road for no reason
A law enforcement officer might also stop someone for an unrelated issue such as a broken taillight, and then notice the smell of alcohol or see an open container in the vehicle. These observations can add to reasonable suspicion.
Reasonable suspicion doesn’t always require seeing the driver in motion. For example, an officer might respond to a crash or find someone passed out behind the wheel of a parked car. In these cases, the circumstances surrounding the situation create reasonable suspicion. Every case depends on the details, and officers must explain why they suspected something was wrong.
What is the difference between reasonable suspicion and probable cause?
Reasonable suspicion gives officers the green light to stop and investigate, but it’s not enough to make an arrest. For that, they need probable cause. This is a higher standard of evidence that indicates a crime probably happened.
Here's an example:
An officer sees a driver swerving, so they pull the car over. That’s reasonable suspicion. During the stop, the officer notices slurred speech and the smell of alcohol, then administers a sobriety test. If the driver fails, that likely gives the officer probable cause to make an arrest. Probable cause can also come from a breathalyzer result showing a blood alcohol content over the legal limit.
The difference boils down to evidence. Reasonable suspicion requires just enough observation to investigate. Probable cause requires stronger evidence to move forward with an arrest.
What happens when reasonable suspicion is missing?
If an officer doesn't have a valid reason to make an initial stop, a DUI case could fall apart. For example, if a driver wasn’t breaking any laws or showing signs of impairment, they might have a valid defense that the stop was unjustified. Courts often dismiss DUI cases if the officer can’t explain the basis for the stop, even if the driver was intoxicated.
What defense might I have if reasonable suspicion led to DUI charges?
If you face DUI charges, you're not completely out of options. It's important that you seek help from an experienced South Carolina DUI defense attorney who can devise a strong defense. Some common defenses in this scenario include:
- Lack of reasonable suspicion: The officer didn’t actually observe any traffic violations, impaired driving, or anything else that justified the stop.
- Mistaken observations: Swerving or erratic driving could have innocent explanations, such as road hazards or fatigue.
- Procedural violations: The officer failed to explain the stop or conducted it in an unauthorized location.
- Faulty sobriety tests: Poor road conditions or medical issues may have affected your ability to a perform field test.
- Breathalyzer problems: The device may not have been calibrated properly, or external factors such as medications could have skewed the results.
When should you hire a DUI lawyer?
If you were arrested and charged with DUI, don't wait to begin fighting the charges. Practice your right to remain silent and make your first call to Columbia DUI defense attorney Matt Bodman. A DUI conviction in South Carolina can have serious and long-lasting effects on your life. Fortunately, you have a chance to protect your freedom and future.
With a deep understanding of South Carolina’s DUI laws and years of experience as a former Richland County assistant solicitor, Matt knows how to take on tough cases. Contact Attorney Matt Bodman today for a free consultation, and let him help you take control of your situation.
"Matt was such a blessing! He helped me through my case and was there for me, step by step. He gave me his cell phone number and was there when I had a question or concern. I couldn't be more happier with the result of my case, and I wouldn't think twice about calling him to represent me again!"
— Actual client ⭐⭐⭐⭐⭐
