The standard that a West Palm Beach law enforcement officer must meet before pulling over a person for a possible DUI varies. Something as simple as a traffic infraction includes speeding, weaving, running through a stop sign, or running a red light. Drivers can be pulled over for any traffic or speeding infraction.
Speak with a distinguished criminal attorney about how to handle West Palm Beach DUI stops and possibly defend arrest cases.
What Do Officers Need to Prove to Pull Someone Over?
The police in West Palm Beach do not always need to prove the alleged traffic offense before they can pull a person over for a DUI stop. They can pull someone over if they believe that the driver may be sick, injured, or impaired. The officer can pull someone over because they have the right to suspect that the individual might be sick, impaired, or injured. The public policy says that an officer’s job is to protect the community and if they suspect that there might be a problem, it is the officer’s responsibility to investigate it.
Process of DUI Stops
The process of typical DUI stops in West Palm Beach depend on the situation. Despite the reason for stopping a driver, the officer may initially ask whether they have had a drink before driving. Once a person has been trained to detect the odor of alcohol, it is a fairly distinct odor and it is pretty obvious if an individual has been drinking.
The officer most-likely will look for signs of impairment such as an odor of an alcoholic beverage and slow or slurred speech. It could be a sign of impairment if there is an inability to locate and produce documents such as their driver’s license, insurance, and registration.
Facing Sobriety Tests
Depending on the answers to questions an officer has asked the officer may ask the individual to perform a different form of sobriety testing. The officer may ask to search the vehicle after the arrest, they do not need to search the vehicle prior to investigating a person for DUI, simply being behind the wheel of a motor vehicle with the odor of alcoholic beverage on their breath is enough for the officer in West Palm Beach to order them out of the car and to start conducting a DUI investigation.
Presence of Marijuana or Drugs
If the officer smells marijuana in the car, they have a right to search the car. However, if they do not smell any marijuana in the car, they cannot search a person’s car without their consent. However, if they have been arrested, they can search the individual’s car subsequent to a legal arrest but if it is just an ordinary traffic stop, they cannot search the driver’s car without probable cause to believe that there may be contraband in the vehicle, they can smell themselves. They can actually call a dog and see if the dog smells it, and if the dog alerts, they can search someone’s vehicle during a traffic stop. It may be critical to speak with an attorney regarding your rights for searches at West Palm Beach DUI stops. Contact Leifert & Leifert to discuss your defense options.