Can the police pull you over if they just think you may be drunk?


The lawfulness of a stop in a DUI case is probably the most litigated issue that we're dealing with today, whether or not the police officer had enough justification to stop you. If you violated a traffic law, the officer can obviously stop you, but if you have not violated a traffic law and he just thinks that there's something about your driving that's odd that he may think you're ill, tired, or impaired in some way, he will have to explain that in some objective fashion to a judge in order to justify that suspicion. The answer is no, they just can't pull you over for anything. It must be something objectively about your driving that causes the officer enough concern to stop you because you are protected under the Fourth Amendment when you in your car just like when you're in your house, although the standard is just a little lower.