People who are pulled over by a police officer for the suspicion of drunk driving may be concerned about what’s going to happen. The top priority of the officer is to determine whether the driver is impaired or not.
One of the first things that’s likely going to happen is that the officer will speak to the driver. They’ll ask for the driver’s license, insurance and registration so they can verify that the documentation is valid. How you perform the task of getting your license and insurance card out are part of the initial investigation. They may also ask specific questions of the driver, but the driver has the right to refuse to answer those questions because their statements may be used in a case against them.
Probable cause for drunk driving charges
If the police officer has reason to believe that the driver is impaired, they’ll try to obtain proof of that. This is usually done through standardized field sobriety tests and chemical tests.
The standardized field sobriety test includes the one-leg stand, the horizontal gaze nystagmus and the walk-and-turn. When those three tests are performed properly, the results are typically accurate.
A roadside breath test, which is known as the preliminary alcohol screening device, generally isn’t admissible in court. This is used to determine an estimated blood alcohol concentration level; however, a stationary breath test that’s usually performed at the police station is the one that’s admissible in court. Also, if the portable device is a Alco-Sensor IV with a printer, this device is admissible (the mouthpiece is connected to a briefcase by a tube and it has a printer).
If the officer has probable cause for the drunk driving charge, they’ll conduct an arrest. At this point, the driver should explore their options for a defense strategy against the charges. Having the assistance of someone who’s familiar with these matters is critical for anyone facing these charges.