Police Tip Not Enough to Justify Breath Test for DWI, Court Says

Police need to personally observe signs of impaired driving before pulling over a driver and administering tests for DWI, even if they received an alert from citizens about a possible drunk driver, the U.S. Supreme Court has ruled.

The Christian Science Monitor reported Oct. 20 that the high court let stand a lower court ruling in the case of Virginia v. Harris. Police had received an anonymous tip about a man named Joseph Harris driving drunk in a Nissan Altima on a Richmond street; police identified the car and pulled it over, smelled alcohol, and administered a field sobriety test, which Harris failed.

Officers had seen Harris slowing down before approaching an intersection where he had the right of way and as he approached a red light, but otherwise observing the speed limit. Harris’ lawyer argued that police lacked reasonable suspicion to stop his car; a trial court disagreed and Harris was convicted, but the Virginia Supreme Court voted 4-3 to overturn the conviction.

A majority of the U.S. Supreme Court agreed, but Chief Justice John Roberts wrote in dissent, “The effect of the rule … will be to grant drunk drivers ’one free swerve’ before they can legally be pulled over by police. It will be difficult for an officer to explain to the family of a motorist killed by that swerve that the police had a tip that the driver of the other car was drunk, but that they were powerless to pull him over, even for a quick check.”