A pretext stop occurs when law enforcement pulls a driver over for a minor traffic violation and then uses that relatively inconsequential alleged misconduct as an opportunity to investigate an unrelated suspicion, such as driving while intoxicated (DWI).
While this practice is legal under the U.S. Supreme Court’s ruling in Whren v. United States (1996), it is controversial because it can lead to unwarranted searches, violations of constitutional rights and selective enforcement trends. If a pretext stop results in DWI charges, there may be legal grounds to challenge the case at issue, especially if the stop was not conducted properly.
When one thing leads to another
Officers commonly use pretext stops to initiate traffic enforcement while looking for signs of impairment. Once the driver is stopped, the officer may look for signs of impairment, such as:
- Slurred speech
- Bloodshot eyes
- The smell of alcohol
- Difficulty retrieving documents
The officer may then request field sobriety tests or a breathalyzer test, leading to an arrest if the driver fails. Fortunately, although a DWI arrest resulting from a pretext stop is not automatically illegal, there are ways to challenge it. A strong defense strategy may involve:
- Questioning the legitimacy of the stop – The officer must have had a valid reason to stop the vehicle. If the stated reason was fabricated or weak, the defense may argue that the stop was unlawful.
- Examining the officer’s actions – If the officer extended the stop beyond what was necessary for the traffic violation without reasonable suspicion, it may be a violation of the driver’s constitutional rights.
- Challenging field sobriety and breathalyzer tests – If the tests were improperly administered or if there was no clear evidence of intoxication, the charges may be challenged.
As every pretext stop DWI case is unique, it is important to seek personalized legal guidance in the wake of one in order to determine the strongest legal defense strategy possible under the circumstances.
