If you have been charged with driving under the influence (DUI), you may be wondering what police officers were looking for when they first targeted your vehicle for a traffic stop. Most drivers don’t realize that officers are trained to look for specific cues that could indicate that a driver is impaired.

Officers will first look for how the driver was driving before being pulled over. They will watch for erratic driving, such as weaving, drifting, or swerving. If the driver has problems maintaining proper lane position or driving too slowly, these are potential signs of impairment.

The second thing officers will look for is how the driver responds to the officer’s signals to pull over. If the driver pulls over promptly and safely, this is a good sign that they are not impaired. However, if the driver takes a long time to pull over or responds in an unsafe or erratic manner, this could be a sign of impairment.

Officers will also look for speed and braking problems, such as varying speeds, unnecessary acceleration, or deceleration. If the driver is driving too slowly or stops inappropriately in response to an officer’s signals, this could be a sign of impairment.

Vigilance problems, such as driving without headlights at night or failure to signal, could also be signs of impairment. Officers will also look for judgment problems, such as following too closely, improper lane changes, or illegal turns. Any inappropriate or unusual behavior, such as driving on the wrong side of the road or appearing impaired, could also be a sign of impairment.

It’s important to note that these cues are what officers are trained to look for, but they are not always reliable indicators of impairment. For example, if a driver is pulled over for speeding, which is not on the list of cues, it will be impossible for an officer to determine if the driver is impaired based solely on their driving behavior.

If you have been charged with a DUI, it’s essential to understand the difference between cues and clues. Officers look for cues during the vehicle in motion phase, while clues are associated with field sobriety tests. It’s also important to remember that officers are looking for any signs of impairment, so following their instructions and behaving safely and appropriately is crucial.

Being pulled over for suspicion of driving under the influence (DUI) can be a nerve-wracking experience. When an officer approaches your vehicle, you may feel unsure about what they are looking for and what to say. However, understanding what police look for during a DUI traffic stop can help you better understand the situation and make informed decisions.

One of the most important phases of a DUI investigation is the personal contact phase, which is when the officer approaches the driver. During this phase, the officer will observe and evaluate the driver to gather evidence for the case. Officers are trained to look for specific cues that indicate a high probability of a DUI driver. These cues are taught by the National Highway Traffic Safety Administration (NHTSA) and include:

• Difficulty with motor vehicle controls
• Fumbling with driver’s license or registration
• Difficulty exiting the vehicle
• Repeating questions or comments
• Swaying, unsteady, or balance problems
• Leaning on the vehicle or other object
• Slurred speech
• Slow to respond to officer/officer must repeat
• Provides incorrect information, changes answers
• Odor of alcoholic beverage from the driver

Jurors often put a lot of stock into their first impression of the driver during the personal contact phase. Therefore, drivers must understand what officers are looking for during this phase and how to conduct themselves accordingly.

One way to explore the personal contact phase is to break it down into what officers smell, see, hear, and how the driver exits the vehicle.

1. Smell

The first thing to address is the odor of alcohol. Officers may report an odor of alcoholic beverage coming from the driver, but the strength of the odor is irrelevant. You can’t determine impairment based on the strength of the odor alone. Officers may also make a note of other odors, such as the scent of a freshly lit cigarette, gum, mouthwash, or food. It is important to pay attention to these odors because officers may use them to suggest that the driver was trying to hide the odor of alcohol.

2. Sight

Officers will look for bloodshot eyes, soiled clothing, alcohol or drug containers, and how the driver retrieves their license. Anything the officer observed should be in the report, and if they don’t report anything about how the driver produced the license, then this is favorable evidence for the driver.

3. Sound

During this personal contact phase, the officer might listen for slurred speech, admission statements, or clarity. Drivers should answer questions with clarity and should avoid making any incriminating statements.

4. Exit Sequence

The last thing to examine is how the driver exited the vehicle. Officers will observe the driver’s balance, coordination, and ability to follow instructions. The driver should exit the vehicle without any difficulty, remember to take off their seatbelt, leave the car in park, and walk and stand without any balance issues.

It is important to note that just because an officer observes some of these cues during the personal contact phase does not necessarily mean the driver is under the influence. There may be reasonable explanations for why a driver is exhibiting certain behaviors or physical symptoms. For example, a driver may have bloodshot eyes due to allergies or fatigue. Therefore, if you are charged with DUI, it is important to consult with an experienced DUI defense attorney who can evaluate your case and identify potential defenses.

“The things you are passionate about are not random, they are your calling.” – Fabienne Fredrickson

Juanita Kimble has always had a passion for both solving problems and being helpful to others when possible. She can do that and so much more as a criminal defense attorney!

Juanita began her legal career in 2012, knowing early on she intended to focus on criminal defense. Since then, she has become a strong and unwavering advocate for those who trust her with their defense. Juanita served as a Public Defender for several years in the City of Atlanta, where she not only represented hundreds of people facing various types of charges, she was known as the go-to person other attorneys sought for advice on how to get things done in the courtroom, how to handle particularly tricky client situations, as well as for her savant-like knowledge of the criminal code. Given her innovative and zealous defense techniques, she was quickly promoted within her office, asked to mentor and train other attorneys, and recognized for her advocacy and professionalism.

Here at EHG Law firm, we understand how stressful facing criminal charges can be, and as a result, Juanita takes a very hands-on approach when helping clients. She makes it a point to ensure her clients understand what’s happening at every stage of the case and are given the information necessary to make the best decision for their situation. Here, her natural patience and compassion shine through as she counsels, listens, and cares about what really matters to our clients.

Knowledge of the law is an important part of being a defense attorney, so Juanita has prioritized ensuring her legal education and training go beyond what is necessary to provide the best defense for our clients. Although we handle various criminal cases, Juanita has gained rare, specialized training in DUI and traffic defense. She has not only studied the same techniques taught to police officers, but Juanita has become a fully credited Instructor of DUI Detection and Field Sobriety Testing. She is also trained in Advanced Roadside Impaired Driving Enforcement (ARIDE) and the Drug Recognition Expert (DRE) program; courses typically saved for specialized law enforcement. As an expert, she now teaches attorneys from all over the country about DUI Defense, including most recently in Alpharetta, Dunwoody, and Savannah. She’ll be teaching again in Las Vegas in the Fall of 2023.

Although she’s known and loved throughout Georgia, Kentucky is the place she’ll always call home. Growing up in Lexington, she developed two great loves – bourbon and the Kentucky Wildcats! Indeed, she met her husband Mike while attending the University of Kentucky, and they now live locally with their beloved pooch Cairo.

The Science Behind Blood Alcohol and Drug Testing

If you’re facing a DUI charge, you may have to undergo blood alcohol and drug testing to determine the extent of your impairment. Understanding how the Georgia Bureau of Investigation (GBI) handles blood samples for drug and alcohol testing can help you better understand the testing process and what to expect.

Receiving and Identifying the Evidence

When the GBI lab receives blood samples for testing, they use a lockbox, courier, or hand-to-hand exchange to receive the evidence. Once received, the GBI technicians scan, take pictures, and create a unique identifying bar code called a DOFS number. This number tracks the evidence throughout the testing process. The sample is then placed in a sealed bag using a heat seal, which melts the plastic together, and initialed to ensure the evidence’s integrity.

Blood Alcohol Testing

The blood alcohol test involves analyzing the blood sample through a headspace gas chromatograph flame ionization mass spectrometry detector. This lengthy name refers to a process where the blood is gently heated to raise the analytes into the gas space. The analytes are then injected into the instrument and proceed through a column that separates them based on their individual characteristics.

Once the analytes exit the column, they go through a flame, which counts the carbon in the sample. Ethyl alcohol, for example, has a specific number of carbons, which creates the peak you see in the results. The sample is then sent to a mass spectrometer, which fragments the ethyl alcohol to identify its specific composition. Once the data is collected, it’s time-stamped, and the results are obtained by averaging two readings.

Blood Drug Testing

The blood drug test involves two types of equipment, an enzyme immunoassay, and liquid chromatography-tandem mass spectrometry LCMS-MS. The enzyme immunoassay is a general screen for five different classes of drugs, including barbiturates, cannabinoids, benzodiazepines, cocaine, its metabolites, and opioids.

The LCMS-MS works by separating and isolating different drugs to determine which specific drugs are present. The drug is broken down into smaller pieces, which is compared to the reference standard of that drug to identify it.

Reliability of Results

It’s important to remember that just because you receive a positive blood alcohol or drug test result doesn’t mean you’re out of options. However, to navigate the legal process effectively, it’s crucial to have a legal team that understands the science behind the testing and can challenge the results if necessary. With their expertise, they can investigate potential errors or discrepancies in the testing process and build a strong defense on your behalf. So, if you’re facing a DUI charge, don’t hesitate to seek a qualified legal team who can fight for your rights and help you understand your options.