Arrested for DUI but Think You’re Sober? Think Again! The Unexpected Clues Officers Look for During a DUI Stop!

When a driver is pulled over on suspicion of DUI, law enforcement officers are supposed to follow a standardized protocol known as the NHTSA (National Highway Traffic Safety Administration) training. One crucial aspect of this protocol is the “personal contact phase,” where the officer observes the driver’s behavior and looks for clues of impairment.

One of the important constitutional decisions that an officer has to make is whether or not to prolong the stop outside of writing you a ticket for the vehicle code violation he or she saw. If there isn’t a justified reason, then a skillful DUI attorney can question the legality of this prolonged stop maybe leading to the charges being dismissed. The decision to get the driver out of the car for psychomotor function testing designed to assess the driver’s physical and cognitive abilities, such as the walk-and-turn test or the one-leg stand, is an important decision. To justify this decision to prolong the stop and get the driver out of the car for testing, the officer will observe the driver’s behavior to detect possible clues of intoxication.

Here are some of the clues that officers are trained to look for during the personal contact phase:

1. Bloodshot eyes: Bloodshot or glassy eyes are often associated with alcohol intoxication. However, this can also be due to allergies, recently crying, chronic dry eyes, fatigue, or other medical conditions.
2. Slurred speech: Difficulty in speaking coherently is a classic sign of alcohol impairment. However, slurred speech can also be due to a medical condition or a previous injury. It also might just be the way God made this person.
3. Odor of alcohol: Officers are trained to detect the odor of alcohol on the driver’s breath, clothes, or car. However, this can also be due to the use of certain medications or exposure to certain chemicals. An accidental spill of an alcoholic beverage frequently happens at busy bars and clubs even to completely sober people. It’s not a crime to literally drink alcohol and drive in PA. It’s only illegal if it’s too much.
4. Lack of coordination: Impaired drivers often have difficulty performing simple tasks, such as retrieving their license or registration or stepping out of the car. However, lack of coordination can also be due to a physical disability or injury. Some people just are nervous nellies especially when there are police pulling them over.
5. Nervousness or agitation: Being pulled over by the police can be a nerve-wracking experience, even for sober drivers. This condition can also be due to anxiety or other mental health issues.

It’s important to note that the presence of these clues does not necessarily mean that the driver is intoxicated. There can be many reasons why a driver may exhibit these behaviors. For example, a driver may have bloodshot eyes due to fatigue, or slurred speech due to a medical condition. Therefore, officers should not rely solely on these clues to make a DUI arrest.

Moreover, and most importantly, many of these clues are subjective and can be influenced by the officer’s personal biases. For example, some officers may interpret nervousness or agitation as a sign of guilt, even if the driver is completely sober. Some officers might be prone to truly believe that they smell alcohol but there is no alcohol present because of subconscious bias that happens based upon the context, I.e., it’s late at night, the driver is Slone, the driver swerved his car, the driver didn’t stop right away and the driver appeared nervous.

In conclusion, the personal contact phase of a DUI investigation is a crucial step in assessing a driver’s impairment. However, officers must be careful not to rely solely on these clues and to consider other factors that may influence the driver’s behavior. By doing so, they can avoid wrongful arrests and ensure that justice is served.