Whenever an officer interacts with a driver, they can often search for signs that the driver may be intoxicated. These signs can be sought out under a few different circumstances that include the following:
*The driver was stopped as part of a DUI roadblock
*They were stopped for a separate speeding violation or something else and are not suspected of DUI
*The officer noticed patterns indicating intoxication in the driver
*The driver was involved in an accident
Even if the officer didn’t suspect that a driver was under the influence when they were pulled over, they can eventually become suspicious if you begin to show signs of intoxication. All officers are trained to look for certain signs, as well as get a driver to admit that they actually are intoxicated.
Here are some of the signs indicating that a driver may be intoxicated:
*Having difficulty using vehicle controls or keys
*Not being able to exit the vehicle well when asked to do so
*Improperly handling driver’s license and/or registration
*Repeating comments and/or questions
*Swaying while either walking or standing still and/or having balance issues while standing
*Leaning on something else to try to remain standing
*Speech that is slurred
*Responding to questions or requests slowly
*Changing answers to questions and/or providing information that’s incorrect
*Odor of alcohol on the driver
*Having a face that appears flushed
*Red or bloodshot eyes
*Having an aggressive or inappropriate attitude
*Clothing that looks poor
*Not being able to follow directions properly
While none of these signs can prove that a driver is actually intoxicated, but it does provide officers with a reasonable amount of suspicion to the point where a driver can be treated like a DUI suspect. The officer can verify this by searching the vehicle and/or asking questions in the hope that the driver will incriminate themselves.
It’s important to note that when an officer stops a driver, they are in no way permitted to search the vehicle unless the driver first gives them permission to do so. However, there’s nothing that says police aren’t allowed to look into a car through the windows while they’re speaking to the driver. They can look for things such as empty alcohol containers, drug paraphernalia, or signs indicating another crime has been committed. If police find an open alcohol container, then the driver can be immediately arrested and charged, regardless of whether or not a DUI has actually occurred. Once a driver is arrested, then officers are legally allowed to search their vehicle without needing to obtain consent.
An officer will generally ask if a driver has been drinking during a traffic stop, and they’ll do so repeatedly until the driver admits that they have. Officers can also use more indirect methods to get a driver to admit to drinking. Even if a driver has been drinking, they’re not actually required to admit that they’ve done so; however, lying to police about it would be a bad idea, especially since they can make such a quick judgment regarding whether or not a driver has actually been drinking. From there, they can request that the driver perform a field sobriety test or submit to a breathalyzer test. If the driver fails, they can then be arrested for DUI. The arrest can never be prevented, but in terms of the charges, a driver will be able to fight them, and possibly win.
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