A pretext stop occurs when law enforcement pulls a driver over for a minor traffic violation but does so with the intent of investigating a different, unrelated suspicion—such as drunk driving. In Arkansas, as in many states, pretext stops are legal under certain conditions. However, if they are not conducted properly, they can raise important legal questions that may affect the outcome of a drunk driving case.
This is just one of many reasons why it is so important to seek personalized legal guidance as soon as possible after being arrested for allegedly driving while drunk. Any number of defense strategies may be available to you if you’re facing this stressful situation.
Pretext stops can be complicated – possibly in a defendant’s favor
The U.S. Supreme Court has ruled that as long as an officer has a valid reason to stop a vehicle—like a broken taillight, failure to signal or expired tags—their subjective motive for making a stop doesn’t necessarily make it unconstitutional. This means that if you were pulled over for something minor but then arrested for DWI, the initial stop itself may still be considered lawful.
However, that doesn’t mean the stop or subsequent arrest is automatically justified. Law enforcement officers must follow proper procedures throughout the stop, including establishing reasonable suspicion of impairment before conducting field sobriety tests or a breathalyzer. If an officer lacked a valid reason to escalate the stop into a DWI investigation or if they failed to follow protocol, it could result in a challenge to the admissibility of evidence against you.
For example, if an officer used a minor traffic infraction as a pretext to investigate DWI without observing any clear signs of intoxication—such as slurred speech, bloodshot eyes or the smell of alcohol—the defense may argue that the officer did not have sufficient grounds to extend the stop. If a court agrees, it could lead to the suppression of key evidence, including breath or blood test results, which could ultimately make or break your case.