Proven Trial Attorney
Handling The Toughest Cases

DUI Detection: Phase II

On Behalf of | Mar 10, 2015 | DUI & Traffic Defense |

This is Part Two of a Three Part Series on DUI or OVI Detection. Many people eventually charged with DUI or OVI think that they got charged because they failed the breath test. However, many officers create the strongest part of their case during Phase II of the DUI investigation.

Phase II or the Personal Contact phase is where an officer will observe and interview the subject using three of their senses: (1) sight, (2) hearing, and (3) smell. The officer will also observe the manner in which the driver exits the vehicle.

A well-trained officer will check for bloodshot eyes, alcohol containers, slurred speech, inconsistent responses to questions, an admission to drinking, the odor of alcoholic beverages, cover up odors and the odor of marijuana.

If the officer suspects that the subject is under the influence of alcohol, he may ask him or her to exit the vehicle. The officer will then take note if the subject cannot follow instructions, leans against the vehicle, climbs out of the vehicle, or keeps hand on the vehicle for balance.

These are only some of the indicators that officers will put in their police report. The most common things put in police reports are (1) Admission to Drinking Beer or Alcohol; (2) An Odor of Alcohol; and (3) Slurred Speech.

This completes Phase Two of the Three Part Series on DUI and OVI Detection.  To read the National Highway Traffic and Safety Administration Manuals check out: http://oag.dc.gov/page/sfst-training-manuals