WHAT KIND OF EVIDENCE DOES AN OFFICER NEED TO ARREST A MOTORIST SUSPECTED OF “DRUNK DRIVING”?
A. Generally speaking, there are three kinds of evidence that a police officer will consider and gather in the investigation: 1. Gross observations of behavior in general; 2. Specific observations of behavior (“field sobriety tests”); and 3. Chemical test results of the motorist’s blood, breath or urine. A police officer may arrest a motorist if the cumulative effect of the evidence convinces the officer that he has “probable cause” or “reasonable cause” to make an arrest. This is a far lower standard than the one the state must prove at trial. There the case must be proven “beyond a reasonable doubt.” Although this is a high standard, it is met every day in courts all over the country.
