All law enforcement officers are required to attend and complete some form of police academy. The officer will learn various law enforcement tactics, self-defense, weapons training, a minimal amount of legal training, and additional course, including a special course referred to as “verbal judo” (a course designed to keep suspects off balance by use of verbal commands, tone and phrases intended to “throw you down” emotionally and thereby maintain control at all times. The officer will use learned “tactics” or “methods” to bolster their claim that they had “probably cause” to believe you were driving under the influence of alcohol or drugs. You will be expected to obey their every command without their having to explain why you are being required to do certain things. By doing so, they are able to basically direct, much like a movie director, how you behave and control the outcome. This idea
of “directing” a movie is not just a figure of speech. In fact, in almost all cases the officer will have turned on a video camera
in his/her cruiser before he/she actually approaches the car being stopped. (You have seen many of these videos on TV.) By controlling
and directing the scene, the officer will tend to look professional by issuing his/her commands and orders while you will (naturally)
look nervous, dumbfounded and impaired, which will give the officer a basis to arrest you, even though you may have fully cooperated
with their every command.
Following is a brief rundown of what the officer will do before and immediately after stopping you. I will also discuss some of the “tricks” they will use to try to gain “proof” of your intoxication.
Every officer will have attended a DUI
detection course at these academies. The National Highway Traffic Safety Administration (NHTSA) developed a DUI Detection & Standardized
Field Sobriety Testing manual. DUI detection begins with observing an impaired motorist operate their vehicle on the roadways.
DUI
detection training teaches an officer to observe the following clues when a suspect vehicle is in motion:
A moving violation
An equipment
violation
An expired registration
Unusual driving actions, such as varying speeds, weaving or following too closely; or
Evidence of drinking or drugs inside the vehicle.
At night, police officers detect impaired drivers by observing the following vehicle operation:
Turning
with a wide radius
Straddling the center lane divider or fog line
Appearing to be impaired
Almost causing an accident with another vehicle
or striking an object
Weaving
Driving on the shoulder of a roadway or driving entirely off the roadway
Swerving abruptly
Traveling at
a rate of speed 10 M.P.H. below the speed limit
Following too closely
Drifting
Tires on lane markers
Braking erratically
Driving into oncoming
traffic
Exhibiting a slow response to traffic control devices
Signaling inconsistent with driving actions
Making an illegal turn or turning
abruptly
Accelerating or decelerating rapidly
Driving without illuminated headlights.
Driving requires divided attention.
Divided attention is a form of multitasking. A driver must maintain the proper speed, operate their vehicle within the designated
lane of travel, adhere to traffic control devices and pay attention to the actions of other drivers all at the same time. Alcohol
and drug consumption will impair the ability to maintain divided attention. The ability to concentrate deteriorates as the alcohol
consumption increases.
When the officer observes enough evidence to support a suspicion that an individual is Driving Under the Influence they will initiate a DUI traffic stop. The officer will activate their emergency lights and siren. Once this equipment is activated the officer will continue to observe the vehicle for further evidence of impairment. Officers look for:
Attempts
to flee
No response from the driver
A slow or delayed response to the emergency lights and siren
An abrupt swerve while pulling over
A
sudden stop; and
Striking the curb or other objects while pulling over.
Once the suspect has finally stopped their vehicle the police officer will approach the driver’s side of the car.
Police tactic: Video tape the actions, statements, confession and admissions
of drivers at the scene
While this should be no surprise to you (you’ve seen hundreds of these video tapes on TV) the police
are using video cameras to record the events of traffic stops. Every
Advise the officer that you wish to have an attorney present before you make any statements.
Refuse to make any statements until an attorney is present. and stick to it! Don't answer any questions without an attorney present!
Politely refuse to take any road side tests (discussed later).
Take advantage of your
constitutional rights and see if the video tape results in the officer being less than professional and extremely frustrated.
After trying to speak to you (which will be frustrating
for the officer because you are not going to answer any of his questions other that with the response "I would like to have an attorney
present before I answer any questions") the officer will likely ask that you submit to the battery of “field sobriety tests”
"just to see if you are okay to drive." These tests will generally consist of:
These “tests” and their unreliability, subjectivity and downright stupidity are discussed in
more detail on the “Field Sobriety Tests” page.
You have the right not to submit to the roadside tests. Exercise that right!
Suffice it to say that your response to the officer is that you will not agree to submit to the tests. If the officer asks “why not?” your response is that you want an attorney present before you take any tests so that you can discuss your “concerns” about the tests. (This leaves the reasons for not taking the test wide open at the time of trial: i.e. was one of your “concerns” an old football injury to your knees? Were you tired from a hard day’s work? Did you have the flu? Do you suffer from migraine headaches that may be activated by strobe light conditions such as the police flashers? The “concerns” are endless and you have a right to talk to counsel before taking the roadside tests! It is better to develop the reasons at trial than try to think of one at the arrest site! If the officer asks you what your "concerns" are, you should NOT tell him/her. Just say that you would prefer to discuss them with an attorney.
The officer will tell you that the reason you should take the
“test” is to better allow him/her to determine "if you are OK to drive home?"
This roadside test is strictly voluntary
and you should not take it. The officer may be frustrated and change his tone but you should not allow yourself to be intimidated.
You can use the same reason for not taking the roadside “breath test” as you used for not taking the ‘field sobriety tests:” “I would
like to discuss my concerns about the test with an attorney before I agree to take it.” Again, your “concerns” can be more fully discussed
before a jury at trial after you have talked with your attorney. (When was the last time the thing was cleaned? I suffer from asthma.
I am germaphobic. Again the “concerns” are endless.
Whatever the excuse, DO NOT BLOW INTO IT!
Remember: The roadside breath
test is different from the "breathalyzer" test at the police station. The roadside breath test is voluntary and is discussed more
fully at the "Field Sobriety Tests" page. The "breathalyzer" test at the police station is not voluntary and refusal to submit to
a "breathalyzer" test will result in an automatic license suspension. The "breathalyzer" test is discussed more fully at the
“BAC Testing" page.
Police Tactic: The officer may threaten to arrest you if you don't cooperate and submit to the
field sobriety tests
The truth is that you are probably going to be arrested anyway! If the officer sees you weave in the road,
smells alcohol, sees bloodshot eyes or other symptoms of alcohol or drug impairment, he needs to get you tested on the breathalyzer breath
testing machine or a blood or urine test. But, the officer can’t even ask you to submit to these tests if you haven't ALREADY been
placed under arrest for DUI! He needs to substantiate that he has “probable cause” to arrest you and take you in to the police
station. Without “probable cause” an arrest is illegal
That's what the roadside investigation is all about: getting you to give
the officer the evidence he/she doesn't have so they can arrest you. The officer is going to look silly if you pass the BAC tests
at the station. But, if you give the officer the evidence he needs at the scene, while the officer may not be able to charge you with
driving over the legal limit, he/she can still try to prosecute you for driving under the influence by claiming your driving ability
was “impaired” as proven by your failure of the “field sobriety tests” or the roadside breath test. If you don't give them the evidence,
at the scene, they will have a more difficult time getting a conviction down the road at trial. Don't submit to any road-side tests!
They are all voluntary. You can use these laws to your advantage.
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