During a DUI stop, officers are trained to look for specific signs of impairment to determine whether a driver is under the influence. These indicators can range from erratic driving behavior to physical symptoms observed during interaction with the driver. Understanding these signs can help drivers know what to expect if they are ever pulled over on suspicion of DUI. By being informed, individuals can better protect their rights and make more informed decisions if faced with such a situation.
If you’ve been stopped for a suspected DUI, it’s crucial to know your rights and the potential indicators officers are looking for. Consulting with a Rolling Meadows drunk driving lawyer can provide you with the guidance to navigate the legal process and build a strong defense.
If you have been charged with a DUI we are here to help. Call us at (847) 359-4005 to discuss your case and your options going forward.
Initial Observations Officers Officers Make to Determine if a Driver is Impaired
Before pulling a driver over, officers use their initial observations to assess whether a driver may be impaired. These observations are crucial in deciding whether a stop is warranted and whether further investigation is needed.
Officers first look for erratic or suspicious driving behaviors from a distance. Common indicators include swerving, abrupt lane changes, inconsistent speed, and failure to signal. Other red flags include driving too slowly or too fast relative to the conditions, as well as running red lights or stop signs. These driving patterns may suggest that the driver is impaired, prompting the officer to initiate a traffic stop for a more detailed evaluation.
Additionally, officers pay attention to the driver’s vehicle. They observe any signs of vehicle damage, erratic movements, or failure to obey traffic signals and signs. Actions like unusual behavior in traffic or its inability to stay within its lane can further signal that the driver may be under the influence. These preliminary observations form the basis for deciding whether to proceed with a formal traffic stop and subsequent investigation for impairment.
Interaction with the Driver
Once an officer has pulled over a driver, their observations during the interaction play a critical role in determining whether the driver is impaired. Here’s what officers typically look for:
Behavior and Interaction
Officers assess the driver’s demeanor and behavior. They observe if the driver is overly aggressive, unusually quiet, or disoriented. Slurred or incoherent speech, along with difficulty following instructions, can be an indicator of impairment. The officer will also note if the driver appears confused or exhibits inappropriate behavior for the situation.
Physical Signs
Officers look for common signs of physical impairment. These include bloodshot or watery eyes, dilated or constricted pupils, and an unsteady gait. They also check for the smell of alcohol or drugs coming from the driver’s breath or body. The presence of drug paraphernalia or open containers in the vehicle can also be a factor.
Motor Skills
The officer observes the driver’s motor skills, such as difficulty with fine motor tasks like retrieving documents from the glove compartment, or struggling with coordination when exiting the vehicle. Inconsistencies in actions, like fumbling with the license or registration, can suggest impaired motor function.
Field Sobriety Tests
If the officer suspects impairment, they may conduct field sobriety tests. These tests assess balance, coordination, and cognitive function. Common tests include the walk-and-turn test, the one-leg stand test, and the horizontal gaze nystagmus test. Performance on these tests provides additional evidence of impairment.
These help the officer determine whether further testing is necessary to establish if the driver is under the influence.
Field Sobriety Tests
During a DUI stop, field sobriety tests are common ways police officers assess a driver’s potential impairment. Here are three key tests:
Horizontal Gaze Nystagmus (HGN) Test
In this test, the officer asks the driver to follow a pen or another object with their eyes while keeping their head still. The officer examines the driver’s eyes for nystagmus. This is an involuntary jerking movement that becomes more pronounced as impairment increases. This test is based on how alcohol affects the brain’s ability to control eye movements.
Nystagmus leads to noticeable eye jerks when tracking a moving object. They look for clues like a lack of smooth pursuit, distinct jerking at maximum deviation, or an inability to maintain eye fixation. If the eyes jerk excessively when following the object, it can indicate a higher level of impairment.
Walk-and-Turn Test
This test requires the driver to walk heel-to-toe along a straight line, turn on one foot, and walk back in the same manner. The officer watches for signs of impaired balance, such as difficulty staying on the line, loss of balance, or taking an incorrect number of steps. This test is to evaluate the driver’s ability to follow complex instructions and maintain coordination. Difficulty in performing this task can suggest the driver’s cognitive and motor skills are impaired by alcohol or drugs.
One-Leg Stand Test
The driver is asked to stand on one leg, keeping the other leg raised six inches off the ground while counting aloud for approximately 30 seconds. The officer observes the driver for signs of instability, such as swaying, hopping, or putting the foot down.
This test is designed to assess the driver’s balance and ability to follow instructions. Impairment may be indicated if the driver shows difficulty in maintaining their stance, which can reflect issues with motor skills and coordination commonly associated with intoxication.
These tests are critical for officers to determine if further testing is needed and to build evidence of impairment. However, they are not always definitive, as various factors, including medical conditions or physical disabilities, can affect performance.
Breathalyzer and Chemical Tests
To confirm impairment during a DUI stop, officers may use breathalyzer and chemical tests, which provide objective measurements of a driver’s blood alcohol content (BAC) or the presence of drugs. Here’s a breakdown of these tests:
Breathalyzer Test
This is a common tool used by officers to measure the BAC of a driver. The driver is asked to blow into a handheld device, which analyzes the alcohol content in their breath. The result is then compared to legal limits, which in Illinois is 0.08% BAC for most drivers. A breathalyzer provides immediate results, and if the BAC is above the legal limit, it can indicate that the driver is impaired. However, while breathalyzers are useful for assessing alcohol consumption, they do not measure the presence of drugs.
Blood Test
If a breathalyzer test is inconclusive or if there is suspicion of drug use, officers may request a blood test. This test involves drawing a sample of the driver’s blood to measure the BAC or to test for the presence of drugs. Blood tests can detect a wider range of substances, including prescription medications and illegal drugs, and can provide a more accurate and detailed analysis of the driver’s impairment. Results from blood tests typically take longer to process but offer comprehensive evidence.
Urine Test
In some cases, officers may request a urine test, especially if there are indications of drug use rather than alcohol. Urine tests can detect the presence of various drugs and their metabolites, although they are less precise in determining the exact level of impairment compared to blood tests. This method can be used to identify recent drug use but may not be as effective in establishing the current level of impairment.
These chemical tests play a crucial role in confirming impairment and supporting DUI charges. Each test has its specific application and limitations, and results are used to build the case against a driver suspected of being under the influence.
Have You Been Charged With a DUI?
Knowing the signs of impairment that officers look for during a DUI stop can help you better navigate such situations and protect your rights. If you find yourself facing DUI charges, it’s crucial to have legal representation on your side. Our experienced attorneys are dedicated to providing comprehensive defense strategies tailored to your unique circumstances. Contact us today to schedule a consultation and take the first step towards safeguarding your future.
