When flashing lights appear in the rearview mirror, many drivers immediately feel anxious and unsure of what will happen next. A traffic stop can move quickly, and every interaction may later become important in court.
Even routine conversations during a stop may affect the outcome of a case. However, understanding how the process usually unfolds can help drivers recognize why these situations may become more complicated than they first appear.
DWI stops and arrests
A DWI stop often begins with an officer observing behavior they believe suggests impairment, such as swerving, drifting between lanes or delayed reactions at traffic signals. After pulling the vehicle over, the officer will typically ask for a driver’s license, proof of insurance and registration while also watching for signs like the smell of alcohol, slurred speech or bloodshot eyes. Officers may also ask questions about where the driver has been, whether alcohol was consumed and how much was consumed.
If the officer suspects impairment, they may ask the driver to step out of the vehicle and perform field sobriety tests. The three most common tests are the horizontal gaze nystagmus test, the one-leg-stand test and the walk-and-turn test. While officers use these tests to look for signs of intoxication, factors such as medical conditions, nervousness or uneven pavement can sometimes affect performance. In some cases, a preliminary breath test may also be requested at the roadside.
If the officer believes there is enough evidence of impairment or probable cause, an arrest may follow. After the arrest, the driver is usually transported for chemical testing, which may involve a breath or blood test to measure blood alcohol concentration. Depending on the circumstances, the person may be booked into jail, issued court dates or face administrative license suspension proceedings. The details of the stop, testing procedures and officer observations can all become important issues later in the legal process.
Anyone facing a DWI charge can benefit from speaking with an experienced legal professional who can carefully review the stop, examine the evidence and explain the legal options available moving forward.
