BEAT THE FIVE

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The evidence in any DUI case focuses on five main areas:

1. Driving Pattern

2. Officer Observations

3. Admissions

4. Field Sobriety Tests (FST's)

5. Blood / Breath / Urine Tests

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Driving Pattern

While driving, an officer is observing anything and everything. He/She is looking for specific movements that will arguably allow an exception to your 4th Amendment Right to be free from search and seizure.

Some examples:   

• Was a signal used before turning 

• Did the driver turn off the signal within a reasonable amount of time

• Is the driver speeding or driving too slow

• Is the driver unable to maintain a lane or weaving in between lanes/lines

• Is there a broken: tail/brake/head/license plate light, turn signal, or windshield

• Tinted Windows

• No seatbelt  

Never give an officer a reason to pull you over!

Although they do protect and serve, when they come up to your car, they are looking for evidence

Be polite, stop talking, and always ask if you are free to leave

Officer Observations

 

​From the moment you are followed, officers are taking mental notes of everything they see.

 

While Driving (Vehicle in Motion), officers are answering the questions:

• How long did it take you to pull over

• Did you violate any vehicle codes while doing so

• Did you swipe or go over the curb when parking

• Did you comply with their instructions while pulling over

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Once stopped, officers are answering the questions:

• Did you follow their instructions to remain in/get out of the vehicle

• Were you able to smoothly find and provider your license, registration & insurance

• Any unusual odors in the car

• Did you have to hold onto the car while stepping out

• Did you continue holding onto the car as you walked around it

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Speaking to the officer, officers are answering the questions:

• Are your eyes red and/or watery

• Is your speech slurred or normal

• Are you steady or unsteady [gate] on your feet

• What do you smell like - alcohol, marijuana, something else

• Any evidence of recent mouthwash or breath mints used

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Admissions

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Anything you say can and will be used against you. Again, ANYTHING YOU SAY can and WILL BE USED AGAINST YOU

STOP TALKING

 You have the right to remain silent. Exercise it.

BE POLITE - you are never going to find a better situation by being hostile.

Identify who you are, provide a license, registration and insurance. THATS IT!

 You do not have to answer any more of their questions

If you do, you have backed yourself into a corner limiting the help your attorney can provide

Keep asking if you are free to leave. 

NEVER SAY TWO BEERS when asked what you drank -> officers interpret this as a lie even if true 

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Field Sobriety Tests (FST's)

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DON'T DO THEM

IF A SOBER PERSON CAN FAIL, WHY TEST THAT FATE 

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Officers will tell you that these tests are not pass/fail but a tool to help determine impairment. But there is no requirement for you to take them, you are not penalized for refusing them and unless you have been trained, you have no idea what the officer is looking for. By engaging in the tests, all you are doing is providing the officers more [inaccurate] evidence against you. 

 

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There are only three scientifically validated field sobriety tests that have been studied extensively: Horizontal Gaze Nystagmus, Walk & Turn, and the One Leg Stand. Others like the Romberg Balance, Finger to Nose, and the Alphabet Test are not scientifically validated. NONE of them are 100% accurate. You shouldn't trust your life on less than 100%.

 

• Horizontal Gaze Nystagmus (HGN)

  • By having you track a pen or finger, officers are looking to see if your eyes jerk​

  • You don't feel it, and you can't see it. 

  • Alcohol and certain substances will cause this, even at low doses. 

  • It does not mean you are impaired.

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• Walk & Turn

  • The 9 steps this way, 9 steps that way test. ​

  • You are failing before you even start. Two of eight observations officers are looking for are (1) starting too soon and (2) unable to remain in start position.

  • Injuries? Bad balance? Weight issues? Older age? -> Not everyone can walk a tight rope.   

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• One Leg Stand

  • This test requires you to lift your leg up and balance of one foot for 30 seconds. 

  • Unless you have perfect balance, you will have issues. 

  • Injuries? Bad balance? Weight issues? Older age? -> Not everyone is a yoga instructor.

Blood / Breath / Urine Tests

• Breath Test -

  • Preliminary Alcohol Screening Test (PAS) vs. Chemical Evidentiary Test​

    • PAS Test​

      • This is a volunteer test​

      • You do not have to take it and no penalty can be placed against you

      • This test is suppose to determine if alcohol is present

        • It is possible for a prosecutor to try and use the # the PAS test generates​

  • Chemical Evidentiary Breath Test​

    • This test is only required once you are arrested​

    • If you refuse this test, you will lose your license from 1-3 years. 

    • This is usually the test used against you in court, but it is possible to use the PAS test above for its numerical value. 

• Blood Test

  • A blood draw is done if there are issues with the breath test, you choose a blood test, or officers believe prescriptions, drugs or marijuana is i​nvolved.

  • This test is used for Alcohol, Marijuana, prescription or drugs.

  • Scientists are in dispute whether the blood must be refrigerated after extraction. Most agencies do not do this.  

• Urine Test

  • Rarely ever used​

  • This test is used for alcohol, marijuana, prescription or drugs 

  • Officers will use this test if blood and breath are not available. Although urine tests can be useful to detect if a person has used a particular substance, they are completely inaccurate with regard to making a determination of what was in your blood while driving. 

  • Your urine is the trash of the body and is not directly connected to your blood. 

  • This is the worst test and Officers should not give you a choice of this test unless they don't know what they are doing, or breath and blood are not available. 

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