Due to its high risk, DWI has been combated using a variety of strategies. States have employed “DWI Tip Lines” or “Crime Stoppers” tip lines as one strategy for stopping DWI offenders.
The cops then have a variety of options. Some police agencies have chosen to chase down and stop prospective intoxicated drivers before they cause any harm. Making an investigative traffic stop is the first stage in this investigation process.
If you’ve been charged with DWI, contact our law office today. Ben Arnold can help protect your driving record, even if you’re a prior offender. Felony convictions can seriously impact your future. Chronic offenders will not want to face the legal system without their DWI attorneys.
When Is it Legal for an Officer to Stop a Car on a DWI Tip?
Due to the fact that most DWI tips originate from citizens rather than police enforcement, there are two conflicting interests. Police want to protect personal security from government intrusion while still protecting other drivers. Most jurisdictions require a police officer to have “reasonable suspicion” strong enough to support a traffic stop for an investigation.
What Constitutes Reasonable Suspicion for a Traffic Stop for Investigation?
- The DWI suggestion was sufficiently specific, not overly cryptic, and
- The DWI tip adequately describes behavior harmful to the rest of humanity.
What constitutes a sufficiently intricate and dangerous activity is not entirely evident. A police investigation traffic stop was lawful when a caller provided information about the vehicle’s basic make, model, and location in relation to:
- Negligent driving,
- Illegal parking, which also puts a hazard on the road, or
- Pointing a gun at other motorists.
What Doesn’t Qualify as Reasonable Suspicion?
Police officers do not have adequate reason to stop a vehicle for an investigation if the report is based on:
- Curiosity
- Gossips
- An impression
When Does a Standard DWI Investigation Turn into a Traffic Stop?
When a police officer approaches your car, they are immediately looking for indicators of DWI. The police are on the lookout for drunk drivers.
Police officers are typically far into a DWI investigation when they pull someone over for a traffic violation. The typical inquiries from an officer include requesting your license, registration, and insurance. The police are simultaneously investigating into a DWI while the driver is looking for their license, registration, and insurance.
The officers make an effort to detect any odors or physical signs of a crime. To gauge a person’s response, they will ask many questions at once. They will inquire as to the driver’s alcohol intake.
The majority of the time, people answer the question honestly and admit that they’ve had a few drinks. That response alone can give the police cause for suspicion. An officer can then ask someone to exit the vehicle and continue their investigation at that moment.
Am I Temporarily Detained During an Initial Police Stop?
Many people wonder what will happen if they choose not to exit their car during a police stop. They wonder if they’ll be physically taken away and perhaps even detained.
There is a thin margin between being arrested and not being arrested. When someone is permitted to depart and when they are not is a gray area. People who are stopped by the police are briefly held.
Will I Be Arrested if I Attempt to Flee the Police Stop? Do I Have to Respond to Police Inquiries or Pass Field Sobriety Tests?
Without the officer’s approval, anyone attempting to flee a police stop would undoubtedly be arrested. That does not, however, entail that the individual being questioned must respond to inquiries or even take field sobriety tests. Field sobriety testing, speaking with an officer, and providing them with information is optional and not required.
Do I Need to Take a Chemical Test? What Would Happen if I Refused and Contacted a Kansas City Lawyer Instead?
Everyone who has been legally detained for suspicion of driving under the influence must submit to a chemical test. A blood or breath test may be part of a chemical analysis. A chemical test must be provided by the subject. There could be serious repercussions if you refuse to take a chemical test, so you’ll need a Kansas City DWI attorney.
Field sobriety tests are frequently optional. There are various circumstances where it might be necessary for someone on probation.
Field sobriety tests are optional, although an officer is unlikely to mention this to you. However, you are not required to take them. It would be good to decide against doing so, as they are designed to fail. Regardless, make sure you contact a Kansas City criminal lawyer at the end of your detainment.
Will I Be Arrested if I Refuse to Exit My Car When the Police Ask Me to?
It is in your best interest to give the police officers as little information as possible. Inform the policeman that you are not to answer any questions without the permission of your DWI lawyer in Kansas City.
Inform the officer that you intend to exercise your right to silence and that you won’t take any field sobriety testing. Even though you’ve already exited the car, the police could let you know that you’re about to be arrested. You’re probably going to be taken into custody anyhow.
Do I Need a KC Lawyer?
Imagine that you have been charged with aggravated DWI in Missouri. You should speak with a Kansas City attorney in that situation to avoid a Class D felony. This assistance can only be provided by a criminal lawyer in KC.