The issue of anonymous tips and DUIs has been the subject of controversy for quite a while because of the strict rules surrounding this issue and how some factors may fail to hold up in court.
Can police officers stop you for a DUI based on an anonymous tip?
The simple answer is yes, but it is way more complicated than that. Officers have to follow a well-laid-out procedure for an arrest to be valid.
Why Is There Controversy Surrounding This Issue?
Controversy has been at the center of DUIs and anonymous tips due to the different aspects and approaches. For instance, provided the driver follows all traffic rules, the officers have discernable reason to conduct a traffic stop.
Furthermore, police officers face the problem of stopping a drunk driver without endangering other motorists on the road. Therefore, the law enforcers have to tail the suspect for a while to attempt to stop them. In doing so, they will look for signs such as overspeeding, swerving, and impromptu brakes.
The Validity of the Tip
Before an officer stops a motorist on suspicion of drunk driving based on an anonymous tip, there are a series of procedures they must follow for the evidence, if any, to become admissible in court.
The supreme court stipulates various regulations that make an anonymous tip valid, A few include:
- The vehicle under suspicion must meet the description provided by the tipster. The tip becomes more reliable if the tipster can give information about the vehicle’s direction. However, they do not have to give the vehicle’s license plate.
- The tipster must have seen the suspect and clearly described them.
- The tipster must describe how the driving relates to dangerous driving and endangers other motorists.
Furthermore, the information must be from a credible source. Typically, the officers ask the tipster several questions to verify their claims.
Why Should Police Officers Validate the Tip?
There are several reasons why the police have to go out of their way to validate the anonymous tips. First off, if the tipster wishes to remain anonymous, they could have ulterior motives in mind. Therefore, the officer must validate the report as the laws bar them from randomly stopping motorists.
Often, a concerned citizen will be willing to appear as a witness if the matter goes to trial. However, if they wish to remain anonymous, the officers will rely on the information and evidence collected.
The Arrest
When the officer finds reason to stop someone after the anonymous tip and notices strange behavior while in pursuit, they still have to make more observations before arresting you.
Once stopped, the officer will look for signs of intoxication such as slurred speech, beer cans in the vehicle, and incoherency.
If someone displays any of these signs, the officer will administer a breathalyzer test to examine alcohol levels. Other tests an officer can administer includes field sobriety balance tests and physical motion impairment tests.
If certain conditions are met, the officer may place the motorist under arrest.
Even with the proper evidence, some argue that DUI tests are flawed.
“DUI tests, like any other test, can be misconstrued or inappropriately administered” says lawyer William M. Bailey from BK Law Group. “To help ensure a motorist’s rights are protected, it is wise to speak with legal counsel about his or her situation.”
Conclusion
The issue of anonymous tips and DUIs is full of controversies. It is always a good idea to know your rights when you get pulled over based on suspicion of drunk driving.
If you do get arrested, you should contact your attorney as the punishment can be heavy.
