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Motorist that believe a driver may be drunk or observe erratic behavior by other drivers which could be harmful to the public are encouraged to call 911 and report the driver. However, a recent U.S. Supreme Court ruling may change the landscape of police procedure when attempting to stop the drunken motorist. The U.S. Supreme Court recently upheld a Virginia case that stated officers cannot pull over a suspected drunk driver solely on the callers tip.

Officers that respond to drivers suspected of drinking and driving must personally observe the suspicious behavior before they pull over the driver for a DUI investigation. The Supreme Courts ruling on the Virginia DUI case is not formal; therefore other states are not required to follow the decision. However, the case brings forth a window of opportunity for those stopped for a DUI based on the tip of another motorist. Furthermore, motorists are now given the right to swerve, cross over the line or drive erratic before they may be stopped by the responding officer.

A formal ruling on this case could change the landscape of police procedure when making a DUI stop based on the tips of other motorist. Most states, currently allow officers to stop the vehicle and make a reasonable search if the description information relayed to the dispatcher matches the automobile on the street. If the ruling becomes formal the call to a 911 dispatcher would not satisfy Constitutional requirements to allow a reasonable search. Officers would be held to a higher standard when making a DUI stop or attempting to respond to callers tips.

Tags:   drinking and driving · DUINo Comments