Prior to stopping your car, police officers must have “reasonable suspicion” to pull you over. What does this mean? Drivers have rights outlined in the Constitution, the Bill of Rights and their state laws which prevent police from stopping them without a valid reason.

If a police officer witnesses an illegal traffic violation they may stop your car and issue you a ticket for the driving violation. It is not uncommon for many drivers to be arrested for DUI after they have been pulled over by law enforcement, but first the officer must establish probable cause for the DUI arrest.

Keep in mind, if the police officer did not have a valid reason to pull you over, you may be able to successfully prove that your rights have been violated.

Establishing Probable Cause for DUI Arrest

Establishing probable cause for a DUI arrest may be more complicated than having reasonable suspicion for detaining you to investigate. First, let’s talk about reasonable suspicion. Police officers may establish reasonable suspicion by witnessing any of the following illegal driving actions (list provided by the National Highway Traffic Administration):

• Weaving
• Straddling the middle lane marker
• Turning with too wide a radius
• Erratic braking
• Driving into oncoming traffic
• Drifting into another lane
• Stopping and starting without cause
• Tailgating
• Swerving
• Inconsistent signaling
• Slow response to traffic lights
• Driving with the headlights off at night
• Speeding up and slowing down

Although reasonable suspicion may be established by these illegal driving actions, the police officer will generally need more evidence of intoxication to arrest you for a DUI.

Police officers may use field sobriety testing and breathalyzer tests to establish probable cause which is defined as “a reasonable belief that a person has committed a crime” or “a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person’s belief that certain facts are probably true.”

Field Sobriety Tests

Field Sobriety Tests have been standardized throughout the United States and consist of the heel-to-toe walk, one leg stand, and horizontal gaze nystagmus test.

The tests could possibly include the following:

1. Horizontal Gaze Nystagmus

For this test the police officer will hold a pen (or other object) about twelve inches away from the driver’s face. The officer then slowly moves the object from one side to the other while watching the driver’s eyes. The officer is looking for the eyeball twitching or shaking. This involuntary movement of the eye could indicate that the driver has ingested an intoxicant. The officer is also paying attention to any incriminating statements the driver may make during the test.

2. One leg stand test

For this test driver stands with their feet together, arms at their side and they are instructed to lift one leg off the ground while counting. The law enforcement officer is looking for wobbling, swaying, raising the arms, or hopping. Research shows that drivers who demonstrates two or more of these indicators has a 65% chance of having a BAC of at least .10%.

3. Walk and turn test

For this test the driver takes nine heel-to-toe steps along a straight line. They then turn, and take nine steps back. What is the office observing? He is observing whether the driver can keep their balance while walking and turning and if they can follow instructions.

Breathalyzer Test

Breathalyzers measure the level of alcohol concentration in the driver’s blood. Alcohol is absorbed through the membranes in a person’s mouth, throat, stomach, and intestines and then into the bloodstream. Finally, the alcohol is expelled through evaporation into the driver’s lungs. The alcohol is then released into the driver’s breath.

A breathalyzer test allows the blood alcohol concentration of the driver’s blood to be measured. How do you measure a driver’s BAC? The amount of alcohol in 2,100 ml of the driver’s breath is exactly equivalent to the amount of alcohol in 1 ml of the driver’s blood.

Making a DUI Arrest

So how will the police officer establish probable cause? The officer must evaluate the totality of the evidence that they have established through observation, testing and the breathalyzer test. The officer may make the DUI arrest if they have enough evidence that “a reasonable person would believe that an offense has been committed and that the defendant is the one who committed it.”

The evidence must also suggest that not only has the driver consumed alcohol, but their driving is impaired by the alcohol, and it is unsafe for them to operate a motorized vehicle.

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Thousands of drivers are injured in car accidents caused by drunk drivers every year. Unfortunately, drinking and driving can be detrimental to a driver’s ability to react, their vision and their hearing.

One recent news story reported that Jessie’s Girl singer Rick Springfield was arrested for DUI, as he was driving his blue Corvette in Malibu, California. Sheriff Deputies noticed his illegal driving actions, pulled him over and asked him to submit to a field sobriety test.

Springfield failed the standardized field sobriety tests and was taken to the Malibu police station to have his blood alcohol levels tested. It is reported that he was over the legal limit.

According to Lt. Chew and RadarOnline, “Springfield was stopped due to a traffic violation and was subjected to a sobriety test. He failed and was then arrested and taken to the Malibu Sheriff’s station where we tested his blood alcohol levels. He reportedly blew at .10 and then a .08.” Rick Springfield tested at 0.10% which is well over the legal limit. It is illegal in every state to drive with a BAC of 0.08% or higher.

Obviously, celebrities make poor choices all the time. Many of them get away with it, do not pay the consequences and end up hurting others. To ensure that drivers, including celebrities, do not drive under the influence of drugs and alcohol, stricter DUI laws have been passed to curb drunken driving. Police have also increased DUI enforcement and sobriety checkpoints.

Preventing DUI and stopping celebrities who make bad choices can be done with high penalties and consequences for illegal behaviors. Drivers, who drive under the influence of drugs and alcohol, even first time offenders, face severe DUI penalties.

Rick Springfield may or may not have been arrested for DUI before, but if the law applies equally to everyone, he could face high fines and penalties, alcohol education courses, probation, and license restrictions.

Increasing DUI penalties is controversial, especially DUI checkpoints which may be an infringement on the rights of drivers, but there are some indications that DUI laws, as well as the increase in the legal drinking age, has decreased the number of DUI injuries and deaths.

What if you have been injured by a Drunk Driver?

Thankfully, Rick Springfield did not injure anyone while he was driving under the influence of alcohol. Next time he might not be so lucky. If you have been injured by a drunken driver, you have rights.

Drivers who cause injuries due to their negligent or reckless actions may be held legally responsible. They may face, not only criminal charges, they may also be forced to pay compensation to their victims.

If you have been injured from another person’s negligent actions, you may be able to file a personal injury claim and win compensation for your lost wages, medical expenses and your pain and suffering.

Hiring a DUI lawyer

Finding the right DUI lawyer can ensure that you get the compensation you need for your personal injuries. DUI lawyers offer free consultations to review your DUI case and determine if someone else caused your injuries through their negligence and whether or not you have suffered actual loss.

DUI attorneys have handled hundreds or thousands of DUI cases. DUI law is their specialty, and they will dedicate themselves to ensuring you get justice. Find a DUI lawyer who can give you good DUI advice so you can make a smart decision about your DUI case.

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After being pulled over by a a State Trooper in Denver, Colorado Springs or Aurora you might be asked to perform some basic tasks so that the law enforcement official can gauge your ability to operate your vehicle safely. The same tests could also be given by a County Sheriff’s Deputy in Lakewood, Fort Collins or Arvada. Maybe it was a  local Police Officer in Pueblo, Westminster or Boulder? If you have been questioned for suspicion of drunk driving, then hopefully you are beginning to understand that Driving Under the Influence, or DUI, (commonly called DWI, or Driving While Intoxicated, in other states) is a serious offense in Colorado.

Once you begin the Field Sobriety Test, so-named because it is done “in the field”—wherever the Officer pulls you over, the results often determine whether you continue toward your destination or whether you are detained and arrested for DUI. In court, the District Attorney will ask the arresting Officer to recount every detail of your Field Sobriety Test. It may even be recorded by a dashboard camera and played back in court. Throughout Colorado, law enforcement Officers depend on the Field Sobriety Test to measure a driver’s sobriety or lack thereof.

But wait, why did the Officer stop me in the first place?

The Colorado State Trooper, local Police Officer, or County Sheriff who pulled you over probably observed you driving erratically. Were you:

• Weaving between lanes?
• Operating your vehicle’s safety features incorrectly? (i.e. driving without your headlights at night or without your windshield wipers during a rainstorm)
• Driving above or below the posted speed limit? or
• Stopping your vehicle without proper cause or in an illegal place?

Perhaps the Officer observed nothing improper about your driving but, instead, stopped you as part of a traffic checkpoint.

After reviewing your driver’s license and vehicle registration, if the Officer suspected your ability to drive was impaired by alcohol or drugs, more than likely he directed you to exit your vehicle and take a Field Sobriety Test. This psychophysical test measures impairment by alcohol or other substances of your basic motor and cognitive skills.

Most Coloradoans have seen Field Sobriety Tests depicted in television shows or movies. Or perhaps they have experienced one first-hand. Even though most people know generally what happens in them, many states lack written instructions dictating that each Field Sobriety Test be administered in exactly the same fashion under controlled conditions.

The United States National Highway Traffic Safety Administration (NHTSA) created its own standards for Field Sobriety Tests, which many Officers nationwide use as a general guideline. A Field Sobriety Text administered by a Police Officer in Denver, however, can vary greatly from one administered by a County Sheriff in Fort Collins or from one administered by State Trooper in Aurora.

The Officer may administer any or all of these three tests:

• Horizontal Gaze Nystagmus (HGN): HGN refers to the normal, uncontrollable twitching or jerking of the eyes while looking sharply to the left or right.  Everyone experiences a slight degree of HGN under normal circumstances. Under the influence of alcohol or any drug (over-the-counter, prescription or illegal), this twitching or jerking can occur even when the suspect is focused straight ahead or just slightly to one side. During the HGN test, the suspect focuses on a slow moving object (such as the Officer’s pen or finger) while the Officer watches carefully for any jerking or twitching of the eyeballs. Concerns about accuracy of the HGN test include:
  • Many law enforcement vehicles have dashboard video cameras, allowing for constant videotaping of the Officer’s interactions with the suspect. Even the best dashboard video equipment, though, cannot record the suspect’s eye movements. Therefore the Officer can only relate the results of the HGN test verbally in court.
  • Suspects must take this test in a variety of climate conditions, ranging from rain, dense fog, snow or high winds. It seems highly unlikely that the varied climate conditions would have no impact on the Officer’s ability to observe slight eye movements. And since this test is frequently administered at night, lack of good lighting presents further obstacles to a thorough, accurate assessment.

• One-Leg Stand (OLS). During the OLS the suspect stands on one leg with the other raised six inches off the ground. While maintaining this position, the suspect counts aloud, starting at one thousand, and continue counting until told to stop (usually for thirty seconds). The Officer watches for these possible indicators of the suspect’s impairment during the OLS:

1. Lowering the foot before the test ends;
2. Counting out of sequence;
3. Waving the arms for balance;
4. Hopping to maintain balance; and
5. Falling over during the test.

Like the Horizontal Gaze Nystagmus test, the One Leg Stand has multiple factors that can interfere with an accurate assessment of sobriety

1. What if English is not the suspect’s native language? Counting in the thousands could be impossible even when not impaired.
2. What if the suspect is nervous around Law Enforcement Officers, for reasons not related to sobriety? This could negatively impact his ability to perform well on any such test.

• Walk-and-Turn (WAT): During the WAT, the suspect takes nine steps, heel-to-toe, along an imaginary straight line. Then the suspect pivots 180 degrees on the ball of one foot and takes another nine steps, still heel-to-toe, in the opposite direction. During the WAT, the Officer watches for many indicators of potential alcohol and/or drug impairment, including:

1. Excessive use of the arms for balance,
2. Stopping before the WAT is complete,
3. Taking more or less than nine steps,
4. Failure to stand still and straight while as the Officer explains the WAT,
5. Weaving instead of walking in a straight line,
6. Walking with the feet side-by-side instead of walking heel-to-toe,
7. Failure to pivot turn on the ball of the foot, and
8. Starting the test before the Officer completes the instructions.

Many legitimate issues could interfere with the WAT test results, including:

• • Shoe soles Something as simple as the suspect’s shoes can significantly impact the WAT test. For instance, leather soles can be slippery and result in turning too quickly, causing a loss of balance. Conversely, rubber soles can “grip” the roadside, also causing a loss of balance. And high heels, whether on a woman’s shoe or a man’s boot, can make heel-to-toe walking difficult.
  • Medical conditions Inner ear problems or chronic leg or back pain can cause a loss of balance.  Obesity can also adversely impact balance.
  • Roadside Surface Condition Ice, rain, snow or even spilled motor oil can make the roadside surface slippery, causing challenges.

Here are some additional factors to consider about Field Sobriety Tests:

• An Officer forms an opinion about a driver’s sobriety (or lack thereof) from the moment he first observes the driver’s vehicle, before the Officer ever decides to pull him over. While unsafe driving has no excuse, it is not always caused by alcohol and/or drug impairment. For example:
  • Focusing on a conversation, either with passengers or via a cell phone, instead of on the posted speed limits can cause a driver to speed.
  • Changing a compact disc, reading a map or engaging with children in the backseat can cause a driver to weave between lanes.

In both of these examples, the Officer may assume a driver is under the influence, even though the suspect is really guilty of driving distractedly.

• Anything an Officer observes about a driver, while speaking with him or during the Field Sobriety Test, can be admitted in court, even though the Officer has not yet read the suspect his Miranda rights.
• Hearing and following an Officer’s verbal instructions on the side of a noisy roadway can be difficult for Coloradoans with hearing deficits, whether due to advanced age or medical conditions.
• Even something as simple as the driver leaning on or pulling against his car door while exiting could be construed by an Officer as evidence of impairment. But such actions could be simply the result of chronic back pain or sore muscles from a challenging workout the day before, not impairment by alcohol and/or drugs.

Although Law Enforcement Officers and District Attorneys rely heavily on Field Sobriety Tests for assessment of impairment, they are not always the most accurate measure of a driver’s sobriety. In court, though, it will be your testimony versus the arresting Officer’s. Make a smart decision today, and contact a Colorado DUI/DWAI lawyer. Your future is at risk if you have been arrested for DUI. Make sure you have a Colorado DUI lawyer on your side as a trusted guide and advisor.

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