Can Police Pull You Over for DUI Without Reason in Virginia?

 Posted on February 20, 2026 in DUI Defense

Police in Virginia cannot pull you over on suspicion of DUI without a valid reason. Officers must have reasonable suspicion before they can lawfully stop your vehicle. If the stop was not justified, the evidence gathered afterward may be challenged in court.

As of 2026, DUI enforcement remains active across Northern Virginia, especially along major corridors like I-395, Duke Street, and Route 1. If you are facing a charge, our Alexandria, VA DUI defense lawyers can help you determine whether your stop followed the law.

What Is Required for Police To Legally Stop You in Virginia?

Police must have reasonable suspicion before initiating a traffic stop. This legal standard comes from the Fourth Amendment, which protects drivers from unreasonable searches and seizures. Reasonable suspicion requires more than a guess or vague concern. The officer must be able to point to specific facts that suggest you violated a law.

Under Virginia Code § 19.2-81, an officer may arrest someone without a warrant if they have probable cause to believe a crime occurred. However, probable cause usually develops after the stop. The initial stop itself must be supported by reasonable suspicion.

For example, an officer cannot legally stop you just because you are driving late at night or leaving an area where alcohol is served. There must be an observable reason tied to your driving or your vehicle.

What Driving Behaviors Can Lead to a DUI Stop?

Most DUI stops begin with a traffic violation or unusual driving pattern. Even minor violations can justify a stop if the officer observes them directly.

Common reasons officers stop drivers include:

• Swerving or drifting between lanes
• Failing to signal before turning or changing lanes
• Driving unusually slow or at inconsistent speeds
• Running stop signs or red lights
• Having broken equipment, such as a defective brake light

In Alexandria, officers frequently monitor high-traffic areas near King Street and the George Washington Memorial Parkway, where congestion and nightlife increase enforcement. Once a lawful stop occurs, officers may observe signs of impairment and continue investigating.

Are DUI Checkpoints Legal in Virginia?

DUI checkpoints are legal in Virginia, even though officers do not need individualized suspicion for each vehicle. Courts allow checkpoints because they are conducted under controlled conditions designed to protect public safety.

However, checkpoints must follow strict legal procedures. Officers cannot stop vehicles randomly or target specific drivers without following established guidelines.

Under Virginia Code § 18.2-266, it is illegal to operate a motor vehicle while impaired by alcohol or drugs. Checkpoints are one of the tools law enforcement uses to enforce this law, particularly during holidays and weekends.

If checkpoint procedures are not followed correctly, the stop may be challenged.

What Happens After Police Stop You for Suspected DUI?

Once an officer lawfully stops your vehicle, they may investigate further if they observe signs of impairment. This could include physical observations, questioning, or testing.

Under Virginia Code § 18.2-268.2, Virginia’s implied consent law requires drivers to submit to a breath or blood test after a lawful DUI arrest. Refusing this test can lead to additional penalties, including license suspension.

However, the key issue remains whether the initial stop was lawful. If the officer did not have reasonable suspicion, the entire case may be affected.

What Should You Do if You Were Stopped Without a Clear Reason?

If you believe the officer did not have a valid reason to stop you, taking the right steps can protect your ability to challenge the case later.

You should:

• Stay composed and do not confront the officer at the scene.
• Listen carefully to the officer’s explanation for initiating the stop.
• Record everything you remember later, including the time, place, and events.
• Reach out to a DUI defense attorney promptly to review your case.

Acting quickly allows your attorney to preserve evidence and evaluate whether your rights were violated.

Schedule a Free Consultation With Our Vienna, VA DUI Defense Attorneys

If you were stopped for DUI and are unsure whether police had a lawful reason, Arrested for a DUI, LLC can help you understand your rights and evaluate your options. We bring more than 30 years of combined experience defending drivers and challenging improper traffic stops. We also advocate for the Hispanic community, actively commenting on and responding to issues affecting Latin Americans and immigrants in the Alexandria area.

Call 301-479-5466 to schedule a free consultation with one of our Alexandria, VA DUI defense lawyers who can review your case and help you protect your future. Se habla Español.