What evidence is needed to arrest someone suspected of "drunk driving?"
Despite all the TV shows in which the police always say "you are under arrest", for purposes of a defendant's rights under the laws of the United States, an arrest may occur long before those words are uttered. The courts have concluded that an arrest occurs when a reasonable person would conclude that his or her freedom has been significantly limited and that the suspect reasonably believes he is not free to leave.
Generally speaking, there are four 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 balance tests and the like (usually called "field sobriety tests," or FSTs);
(3) Information obtained from questioning the suspect himself; and
(4) 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.
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