Courts have made laws and findings which allow the police to stop a motor vehicle for DWI for DUI offenses. Police officers are allowed to pull a vehicle over based on a “reasonable articulable suspicion” that you are committing a crime, committing an infraction or driving under the influence of alcohol or drugs. The police can even stop your vehicle and ask you questions without first having advised you of your constitutional rights, your right to remain silent, or the right to an attorney. This is called an investigative detention. As a driver, you have the right to refuse to answer any questions. However, the likelihood is that if you refuse to speak with the police, you will be arrested. One the other hand, if you answer the officers questions and incriminate yourself, the more likely you will be arrested. Welcome to DWILawyers.com
During the vehicle stop, (the “investigative detention’), the officer is looking, observing, listening and using his sense of smell to determine if you have consumed any alcohol. The officer is also evaluating your dexterity, sense of balance and the sound of your speech, and if you are slurring your words as you speak. Other factors such as your ability to remain focused during the conversation and your ability to respond without repetition and confusion is also important. If the police officer asks if you consumed a drink containing alcohol, it is likely that the police officer will ask you to exit your vehicle and perform several “sobriety tests” to determine if you are indeed operating a vehicle under the influence of alcohol or drugs.
At this point, the police are attempting to turn the investigative detention into ‘probable cause” to arrest you. Depending on which state you are being stopped in, the officer will ask you to perform several of the following field sobriety tests; an eye test called the Horizontal Gaze Nystagmus test, the Walk And Turn Test and the One Leg Stand Test. The officer will first give you exact instructions on what to do for the test, and then possibly demonstrate how the test should be done. Then, he will ask you to perform the same tests. The offer does this in order to determine if alcohol has affected your ability to listen to instructions and then perform the tests according to those instructions.
Whether you are intoxicated or not, these tests are specifically designed for you to fail. If, for some circumstance you find yourself doing these test on the side of the road, prepare yourself to be arrested.