Marco Quesada:
Q. What do police officers look for when searching for drunk drivers on the highways?
The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated. The list is based upon research conducted by the National Highway Traffic Administration:
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Turning With a Wide Radius
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Straddling Center of Lane Marker.
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"Appearing to be Drunk"
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Almost Striking Object or Vehicle
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Weaving
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Driving on Other Than Designated Highway
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Swerving
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Speed More Than 10 mph Below Limit
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Stopping Without Cause in Traffic Lane
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Following Too Closely
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Drifting
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Tires on Center or Lane Marker
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Braking Erratically
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Driving into Opposing or Crossing Traffic
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Signalling Inconsistent with Driving Actions
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Slow Response to Traffic Signals
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Stopping Inappropriately (Other Than in Lane)
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Turning Abruptly or Illegally
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Accelerating or Decelerating Rapidly
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Headlights Off
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Speeding, incidentally, is not a symptom of DUI; because of quicker judgment and reflexes, it may indicate sobriety.
Q. If I'm stopped by a police officer and he asks me if I've been drinking, what should I say?
You are not required to answer potentially incriminating questions. A polite "I would like to speak with an attorney before I answer any questions" is a good reply. On the other hand, saying that you had one or two beers is not incriminating: it is not sufficient to cause intoxication — and it may explain the odor of alcohol on the breath.
Q. What is the officer looking for during the initial detention at the scene?
The traditional symptoms of intoxication taught at the police academies are:
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Flushed face
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Red, watery, glassy and/or bloodshot eyes
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Odor of alcohol on breath
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Slurred speech
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Fumbling with wallet trying to get license
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Failure to comprehend the officer's questions
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Staggering when exiting vehicle
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Swaying/instability on feet
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Leaning on car for support
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Combative, argumentative, jovial or other "inappropriate" attitude
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Soiled, rumpled, disorderly clothing
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Stumbling while walking
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Disorientation as to time and place
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Inability to follow directions
Q. What should I do if I'm asked to take field sobriety tests?
There are a wide range of field sobriety tests (FSTs), including heel-to-toe, finger-to-nose, one-leg stand, horizontal gaze nystagmus, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand pat, etc. Most officers will use a set battery of three to five such tests.
Unlike the chemical test, where refusal to submit may have serious consequences, you are not legally required to take any FSTs. The reality is that officers have usually made up their minds to arrest when they give the FSTs; the tests are simply additional evidence which the suspect inevitably "fails". Thus, in most cases a polite refusal may be appropriate.
Recently, many states have begun following the federally-approved (National Highway Traffic Safety Administration) "standardized" field sobriety tests. These consist of a battery of three tests:
All other field sobriety tests are disapproved. And unlike non-standardized tests, in which the officer subjectively decides whether the suspect passes or fails, the SFSTs are scored objectively — that is, a numerical score is assigned according to specific errors, or "clues".
Q. What about the breathalyzer? Should I blow into that machine?
When you receive your Drivers License, you agree to submit to a breathalyzer test, should an Officer believe you are driving while impaired. Refusing the breathalyzer will subject you to an automatic suspension of your license for one year from the date of the refusal. However, within 10 days of your refusal, you can petition for a Review with the Department of Motor Vehicles to attempt to invalidate the suspension of your license. Should your attorney be successful at the Review, you will get back your license.