Contrary to public belief, it is not illegal to drink and drive˳ It is illegal to drive while under the influence of alcohol, drive while intoxicated, drive while impaired, or drive in a condition that your state says is illegal˳ Believe it or not, police officers are trained to recognize when a driver is in that condition˳ Now, before I get too far, I want to point out that I am a DUI attorney in Maryland, Virginia, and DC˳ But this is not legal advice˳ It is merely information, and is not specific to any situation˳ If you need legal advice or professional assistance for your own situation, then you should contact an attorney that is licensed in your state˳
For purposes of uniformity, throughout this article I will use the abbreviation “DWI”, but you could easily substitute “DUI”,” OUI”, or “OWI”˳ Police officers are trained to divide DWI detection into three phases: vehicle in motion, personal contact, and pre-arrest screening˳
1) Phase 1: Vehicle in Motion˳
In phase 1, the police officer is trying to answer the question of whether to stop the vehicle˳ It begins with the initial observation of the vehicle and the manner in which it is being driven˳
2) Phase 2: Personal Contact˳
In phase 2, the police officer is trying to answer the question of whether to ask the driver to exit the vehicle˳ It begins with the initial contact with the driver and the observations of the police officer˳ During the personal contact phase, there is an opportunity for the officer to observe and speak with the driver˳
3) Phase 3: Pre-Arrest Screening˳
In phase 3, the police officer is trying to answer the question of whether there is probable cause to arrest the driver for DWI˳ The bulk of the pre-arrest screening is the field sobriety tests˳ The National Highway Traffic Safety Administration, a division of the Department of Transportation, recognizes three standardized field sobriety tests: the horizontal gaze nystagmus test, the walk and turn test, and the one leg stand test˳ Additionally, officers often administer a preliminary breath test or other non-standardized field sobriety tests˳
Throughout the three phases, the police officer is trained to look for certain clues that increase the likelihood that the driver is impaired˳ The officer is also trained to include each clue in a police report˳ Sometimes, all three phases are not present in a particular DWI stop˳ For example, if there is a collision involved or the stop took place at a roadblock, one or more of the phases may be absent˳
Of course, the next logical question becomes what to do when armed with this information˳ That is what your DUI attorney is for – to use this knowledge and any other evidence to assemble your best defense˳
Source by https://ezinearticles˳com/?The-Three-Phases-of-DUI-Detection&id=5193222
