The Three Phases of DUI "Detection"

Posted on December 21, 2017 By

Contrary to public perception, it is not illegal to drink and generate. It is illegal to drive whilst under the influence of alcohol, travel while intoxicated, drive while damaged, or drive in a condition that the state says is illegal. Believe it or not, police officers are conditioned to recognize when a driver is in that will condition. Now, before I obtain too far, I want to point out that I was a DUI attorney in Maryland, Virginia, and DC. But this is simply not legal advice. It is merely information, and it is not specific to any situation. If you need legal advice or professional help for your own situation, then you should get in touch with an attorney that is licensed in your condition.

For purposes of uniformity, all through this article I will use the abbreviation “DWI”, but you could easily substitute “DUI”, ” OUI”, or “OWI”. Police officials are trained to divide DWI recognition into three phases: vehicle within motion, personal contact, and pre-arrest screening.

1) Phase 1: Vehicle in Motion.

In phase one, the police officer is trying to solution the question of whether to stop the automobile. It begins with the initial statement of the vehicle and the manner in which it really is being driven.

2) Phase two: Personal Contact.

In phase two, the police officer is trying to solution the question of whether to request the driver to exit the vehicle. It begins with the initial contact with the driving force and the observations of the police official. During the personal contact phase, it has an opportunity for the officer to observe plus speak with the driver.

3) Phase three or more: Pre-Arrest Screening.

In phase three or more, the police officer is trying to solution the question of whether there is possible cause to arrest the driver with regard to DWI. The bulk of the particular pre-arrest screening is the field sobriety tests. The National Highway Traffic Safety Administration, a division of the Department of Transportation, identifies three standardized field sobriety checks: the horizontal gaze nystagmus check, the walk and turn test, as well as the one leg stand test. Additionally, officers often administer a preliminary breathing test or other non-standardized industry sobriety tests.

Throughout the three stages, the police officer is trained to search for certain clues that increase the possibility that the driver is impaired. The officer is also trained to include every clue in a police report. Sometimes, all three phases are not found in a particular DWI stop. For illustration, if there is a collision involved or maybe the stop took place at a roadblock, a number of of the phases may be missing.

Of course, the next logical query becomes what to do when armed with these details. That is what your DUI lawyer is for – to use this information and any other evidence to assemble your very best defense.

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