For officers to stop your vehicle, they typically need reasonable suspicion. This is a comparatively low legal threshold that is usually not difficult to satisfy. For example, an officer may develop the necessary reasonable suspicion by seeing you speed, tailgate, swerve or violate other traffic laws. Even having a vehicle with a burned-out tail light is sufficient.

Before officers can arrest you, however, they must have probable cause. When it comes to an arrest for driving under the influence of alcohol, this probable cause often comes from a failed breath test. Even though you have a right to refuse to take the breath test, you may face some harsh consequences for doing so.