Technically yes. Police officers may wait outside of bars, clubs, and other venues, looking for drunk drivers. Police can patrol these areas, and can do so more extensively if drunk driving incidents are more likely to occur there. However, officers must also have a valid reason to stop a particular driver, since merely leaving a bar does not automatically allow them to initiate a stop. The officer must have more than just a “hunch” that the driver is intoxicated. There are many scenarios where someone who is leaving a bar has not consumed any alcohol. For instance, someone who just got off of work, someone who was just getting some food, or someone who chose to be a designated driver for a friend.
In Minnesota, the legal standard requires that an officer have an “objective individualized articulable suspicion of criminal wrongdoing” before subjecting the driver to an investigative stop. If the officer observes a person leaving the bar that exhibits signs of intoxication and then drives a car, or commits a traffic offense, then there is a valid reason to stop the car. For example, someone who blows a stop sign on the way out of the bar parking lot may be stopped because this gives rise to a “reasonable suspicion” that the person is driving while under the influence. The officer may also have a valid reason to initiate a stop if they had seen the driver visibly struggling to walk when they left the bar and got into their car. Ultimately, what constitutes a legal stop will depend on the totality of the circumstances and the officer’s ability to articulate a particularized and objective basis for suspecting criminal activity.
An easy way to avoid these situations is to always ensure you have a sober ride home from the bar. It is never a good idea to rely on whether “you feel like you are fine to drive” because you might be more impaired than expected. If you are facing DWI charges or have questions about the process, contact one of the attorneys at our firm.
Sources:
State v. Leonard, 943 N.W.2d 149 (Minn. 2020)
Kline v. Comm’r of Pub. Safety, No. A15-2069, 2016 Minn. App. Unpub. LEXIS 847 (Aug. 29, 2016)
Linked Blogs:
https://bkdefense.com/what-is-the-difference-between-reasonable-suspicion-and-probable-cause.html
https://bkdefense.com/i-was-pulled-over-under-suspicion-of-dwi-what-happens-next.html