Call Now 323-464-6700 for a Free Consultation

Does “Swerving while Driving” Give an Officer a Lawful Reason to Stop You for DUI?

A police officer must have a reasonable suspicion that you committed a criminal offense and/ or a traffic violation to stop you. Sometimes a traffic violation or criminal offense happens as a police officer is driving in traffic. He or she notices a driver commit a crime or violation and pulls him or her over for a traffic stop. However, police watch people drive to spot erratic driving behavior, as well.

The Fourth Amendment and Your Rights

The Fourth Amendment right making it illegal for police to unreasonably search or seize you and/ or your property applies to everyone. Unless a police officer has reasonable suspicion that you have committed a traffic or criminal offense, they cannot stop you. The only exception to this law is when you are stopped at a valid sobriety test checkpoint. In other words, no reasonable suspicion, no traffic stop or arrest.

In many situations, police find some other reason to stop you. This is usually not a DUI-related violation such as:

  • Expired registration.
  • Failure to use a turn signal.
  • Failure to drive with headlights on.
  • Failure to stop completely at a stop or traffic sign.
  • Swerving.

One of the most common reasons officers use to justify a traffic stop is swerving. Swerving while driving may not be enough evidence to justify a traffic stop. So an officer may combine one potential traffic violation with another traffic violation to justify the traffic stop.

Swerving while driving may not rise to the level of a traffic violation. Police do use it is as an indicator that a traffic violation may have occurred like DUI.

Again, swerving while driving can be an indication that a driver is driving drunk. Swerving while driving is also a result of other types of problem driving like driving while being tired or distracted. This is why swerving alone cannot conclusively justify an officer arresting your for DUI.

If an officer wants to stop you for a traffic stop, he or she will find a reason to do so. Once an officer pulls you over, he or she can look for any indication that you were driving under the influence like slurred speech, the smell of an alcoholic beverage or bloodshot, watery eyes.

Unfortunately, a simple traffic stop can snowball into a DUI arrest. This is especially the case in the late night to early morning hours. Police are, for a lack of a better phrase, on the hunt for anyone driving under the influence of alcohol and/ or drugs.

In fact, they are “hunting’ more aggressively for people driving under the influence during these times. The officer may also try to justify a traffic stop and DUI arrest by gathering as much evidence as possible. It does not matter if the arrest is warranted or not.

At the Law Offices of Jonathan Franklin, we are not afraid to attack police procedures regarding a DUI arrest. If there was no reasonable suspicion to stop you or probable cause to arrest you for driving under the influence, then you should not be charged with DUI. If the charge cannot be dismissed, we will fight to get it reduced to a lesser charge or take it to trial. If you are charged with driving under the influence, contact our offices immediately. Jonathan Franklin provides free consultations to discuss your case and its possible defenses.

Board of Governors,

America's Top-Ranked Law School For Trial Advocacy

Stetson University DUI Program

Contact Information

Jonathan Franklin DUI Attorney
6777 Hollywood Blvd Ste 508
Los Angeles, CA 90028
323-464-6700