Answer :
Final answer:
An officer requires probable cause, which is a higher standard than reasonable suspicion, to arrest someone for DUI. This is based on evidence strong enough to convince a reasonable person that the individual was under the influence while driving.
Explanation:
An officer must have probable cause to arrest a person for DUI (Driving Under the Influence). Probable cause is a higher standard of evidence than reasonable suspicion and indicates that there is a reasonable belief that a person has committed a crime. While reasonable suspicion can justify a brief stop and frisk, an arrest for DUI requires the officer to have evidence that would lead a reasonable person to believe the individual was driving under the influence of alcohol or drugs.
The determination of probable cause can be based on a variety of factors, including the officer's observations, field sobriety tests, and any evidence in plain view. Without probable cause, an arrest for DUI would not meet the legal standard for determining whether a search or seizure is constitutional as described in Terry v. Ohio (1968) and is likely to be challenged in court.
