Nothing is scarier than seeing the flashing red and blue lights in your rearview mirror!
Does not matter if you are sober or impaired, for some reason a police officer believes you have committed a traffic infraction or a possible equipment violation. The traffic infraction is more often than not the first step in the DUI/OVI Detection phase.
The National Highway Traffic Safety Administration (NHTSA) identified 100 driving cues that provided a high probability that the driver exhibiting one of the cues is under the influence of alcohol and/or drugs. However, the list was reduced down to 24 driving cues and these cues are taught to police officers during their DWI Detection and Standardized Field Sobriety Testing Instruction Course.
A few examples of these driving cues include:
Upon being stopped, the police officer will approach your vehicle and ask for different documentation. This documentation will include your driver’s license, insurance card/verification, and possibly for your registration. If the police officer believes you are impaired, the second phase of DUI/OVI detection will begin.
During this second phase or contact phase, the police officer will look for the cues of impairment. The police officer will use his sense of sight, smell and hearing during this second phase. Some examples of the sight, smell, and hearing cues the police officer is looking for are the following:
If you find yourself in this situation and you have been drinking, the best thing to do is KEEP YOUR MOUTH SHUT and DO NOT under ANY CIRCUMSTANCES ADMIT TO DRINKING or USING DRUGS! You are only giving the police officer evidence to arrest you for DUI/OVI. It is your constitutional right to remain silent and to speak with an attorney before answering any questions.
If the officer is asking about alcohol consumption or drug consumption, he will most likely ask you to exit your vehicle to perform Standardized Field Sobriety Tests or the third phase of the police officer’s DUI/OVI detection. Be polite, exit your vehicle, and decline to submit to field sobriety tests.
All Roadside Field Sobriety Tests are COMPLETELY VOLUNTARY! These tests are designed for people to Fail! Not for people to PASS them!!
Some of these tests include:
If a police officer asks you to perform field sobriety tests, he has already made up his mind that you are under the influence of alcohol and/or drugs. And in his mind, you will be arrested for DUI/OVI. With or without the field sobriety tests! The only one who benefits from field sobriety tests is the officer! Because he is now collecting evidence to use against you in court! So, do not give the officer this opportunity! You politely decline any and all tests and immediately ask to call your attorney!
Whether you refused the field sobriety tests or agreed to complete the field sobriety tests, the police officer will most likely place you under arrest for a DUI/OVI. At this point, the police officer will ask if you are willing to submit to a chemical test to determine your Blood Alcohol Content (BAC) level. These chemical tests include breath tests, urine tests, or blood tests. You may refuse the chemical test or submit to the chemical test. For more information on chemical tests, please review the Breath Test tab.
Remember, if you are placed under arrest for DUI/OVI, do not freak out! Remain calm and comply! Remember most police vehicles have video and audio recording…inside and outside of the vehicle! Act accordingly! Continue to remain silent!
DO NOT LET A DUI/OVI CONVICTION RUIN YOUR LIFE!
Do not take on these serious charges alone. Holzfaster, Cecil, McKnight & Mues will assess all the evidence that will be used against you (i.e. Breath Tests, Field Sobriety Tests, Officer Observations, etc.), spot the weakness of the police officer’s and prosecutor’s case, formulate defenses in your favor, utilize the weakness in the prosecutor’s case and your defenses to negotiate a favorable outcome, and work to Minimize The Negative Consequences.