Many people go to a bar with friends, have a few drinks and then drive home when the bar closes or the night wraps up. If they haven’t planned ahead and do not want to call a cab or rideshare vehicle, they may end up driving before their blood alcohol concentration (BAC) has gone down.
But with this in mind, would it be possible for the police to simply sit outside a local bar? Could they pull over everyone who comes out, gets in their car and begins driving? Or would that be a violation of the drivers’ rights?
Reasonable suspicion for the stop
Technically, yes, a police officer could wait outside a bar. However, it would be a violation of the driver’s rights to pull someone over solely because they exited that building. The officer would not technically know if the driver had consumed any alcohol. Maybe the person just had a hamburger and a glass of water with friends. Exiting a bar alone does not provide reasonable suspicion.
As such, police officers need to observe another reason to justify a traffic stop. For example:
- The driver is operating without their lights on at night.
- They roll through a stop sign when leaving the parking lot.
- They make abrupt or illegal maneuvers.
- They have a near-miss with another vehicle.
- They straddle the centerline or swerve out of their lane.
There are many legitimate reasons for police officers to conduct a traffic stop, but they must have reasonable suspicion first. If you are facing drunk driving allegations and believe the initial stop was illegal, it is critical to understand all of your defense options moving forward.
