It’s no secret that the California Highway Patrol, in collaboration
with local law enforcement agencies throughout Orange County, is on a
mission to nab drunk drivers. Through the use of
DUI checkpoints, saturation patrols, and frequenting areas with a high concentration
of drunk drivers, law enforcement is doing its best to keep drunk drivers
off the roads.
This brings us to the process known as “DUI detection.” The
National Highway Traffic Safety Administration (NHTSA) defines DUI detection
as the process where law enforcement gathers evidence to determine if
a suspect should be arrested for driving under the influence.
According to the NHTSA, there are three phases of DUI detection:
- When the vehicle was in emotion
- The officer’s personal contact with the driver
- The “pre-arrest” screening of the suspect
When a law enforcement officer suspects that a driver is under the influence
of alcohol or drugs, first the officer needs to establish evidence and
reliable facts before they can ask the driver to submit to the standardized
field sobriety tests.
Observing the Vehicle in Motion
Officers are trained to look for 24 specific queues while a vehicle is
in motion. These 24 queues indicate that a driver may be intoxicated,
and they include: weaving, swerving, straddling the lane, drifting, driving
without the lights on at night, almost striking another vehicle, and tailgating.
Personal Contact With Suspect
What was the officer’s contact with the suspect like? This is important
because it’s used to determine whether the officer asks the suspect
to step outside of the vehicle. In these situations, officers are looking
for indicators, such as bloodshot eyes, the odor of alcohol on the driver’s
breath, abusive language, alcohol containers, and slurred speech.
Usually, the initial face to face contact will provide the officer an indication
if the driver is impaired.
Finally, the officer decides if there is probable cause to arrest the suspect
for DUI. In this phase, the officer’s first task is to administer
the field sobriety tests. The second phase is to have the suspect take
a preliminary breath test (PBT).
Did you go through these phases and were you ultimately arrested for DUI?
Just because the officer decided to arrest you, it doesn’t mean
that you have to be convicted. Learn how to
fight your DUI charges by
contact the Law Offices of Virginia L. Landry, Inc. today!