After The Officer Pulls A Person Over, What Does He Look For To Establish Probable Cause To Believe That The Person May Be Intoxicated?

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After The Officer Pulls A Person Over, What Does He Look For To Establish Probable Cause To Believe That The Person May Be Intoxicated?

Under Virginia law, a person can not be stopped by the police unless there is a reasonable suspicion based on "articulable facts" that the person has committed a crime. In other words, the police officer must be able to state objective facts as to why he pulled the Defendant over and why he subsequently determined that the Defendant may be intoxicated. The police are taught that there are a number of symptoms normally found to exist in intoxicated people. These are, among others, red, watery or glassy or blood shot eyes, the odor of alcohol on the breath, slurred speech, staggering, swaying or other lack of coordination when looking for a license, registration or when exiting the vehicle, disorientation and inability to comprehend or follow instructions.

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