HighwayMan
Super Secret Senior Member
Sorry I couldn't resist. When it comes to stuff like that I hold you to a higher standard than the rest of the crew here.Okay ... "the odor of an alcoholic beverage emanating from his person ..." ... <grumble, grumble ... smart aleck ...>
Which may or may not be something indepedently chargeable.But, the reasonable suspicion to support the stop was not a mystical feeling the driver may be impaired, but some observed driving (or equipment failure) ...
Yes, but the weave (legal) could be a sign of something else going on which is not legal. The two main ones are use of a portable electronic device and DWI/DWAI. Generally, the former would be brief and continuing over a relatively short time period. The latter would be more pronounced and consistently observed over time.But, the weave is the RS that might lead to a DUI, and the stop would be made for the weaving, not for DUI.
Not being argumentative, just pointing out that there are stops made for suspected DWI - yes, based upon observable behaviors which may or may not be illegal in and of themselves.