Most arrests for drunk driving occur after a traffic stop. The officer initiates a traffic stop, detects signs of intoxication, conducts field sobriety tests, and typically concludes with a preliminary breath test (“PBT”). If the driver has consumed enough alcohol that a PBT demonstrates his or her blood alcohol content (“BAC”) is over the legal limit, the officer will arrest the driver for drunk driving. Upon reaching the police station, the driver will be subjected to additional breath tests, using a more sophisticated equipment.
Given the amount of evidence created in this chain of events, a successful defense is challenging. However, there are several key events occurring during the arrest which can be attacked. This blog focuses solely on the traffic stop itself, which implicates the Fourth Amendment constitutional right to be free from unreasonable searches and seizures.