Arrest Stages
The best way to avoid a DUI investigation and charge is to never drink and drive. However, if it is too late for this advice and you have been pulled over by a police officer, there are 3 stages the officer will go through to determine whether to arrest you for driving under the influence of alcohol or drugs.
Stage 2: Personal Contact
Once the stop has been completed, the officer moves into the next stage of the DUI investigation... Personal Contact. In this stage, the officer approaches, observes and interviews the driver while the driver remains in the vehicle. The officer usually will ask the driver general questions to affirm or dispel the suspicion of DUI. During these questions the officer will look for the following evidence of impairment:
- What law enforcement commonly refers to as "The Odor Of Alcohol" (This phrase is used repeatedly at most DUI trials);
- A flushed face;
- Bloodshot eyes; and
- Slurred or otherwise impeded speech.
The officer pays particular attention to how the driver produces the driver's license and registration. The officer will note if the driver has trouble retrieving these documents from pocket or glove compartment.
During this time, the officer will also look around the vehicle for any evidence in plain view, such as beverage containers, drugs or drug paraphernalia.
The officer may also administer some preliminary seated sobriety tests to help determine the driver's impairment. These may be simple verbal exercises. Once this is complete, the officer will decide whether to request that the driver get out of the vehicle. Ordering the driver out of the vehicle does not necessarily commit the officer to arresting the driver, but it often ends up that way.
The officer will observe how the driver exits the vehicle. Does the driver stumble, trip, use the door for support, fall or grab the officer for support. Once the driver is out of the vehicle, the officer moves into stage three of the DUI investigation...
Go to ARREST STAGE THREE...