What Happens During a DUI Traffic Stop?

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November 23, 2023
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Law&Crime Network
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What Happens During a DUI Traffic Stop?

TL;DR

During a DUI traffic stop, officers assess the driver's impairment through field sobriety tests like the horizontal gaze nystagmus and walk-and-turn tests. If the driver fails these tests, as seen when the person in the video admitted to consuming two large glasses of wine, they can be arrested for DUI. Officers also ensure the driver's rights are explained and that their vehicle is safely parked.

Transcript

hello I'm officer shelar with Poland Police Department the reason for this stop is well first of all you pulled completely over into the the opposite lane of traffic turn lane to make this turn and then you're driving on a complete flat tire I thought so because I had a so why are you hand me your Master's card your Master Card okay do you have you... Read More

Key Insights

  • 😪 Traffic violations such as making illegal turns and driving on a flat tire can attract law enforcement's attention and lead to further investigation.
  • 📬 Open containers in a vehicle can raise suspicions of driver intoxication and result in further evaluation.
  • 👮 Field sobriety tests provide objective assessments of a driver's physical coordination, balance, and ability to follow instructions, helping officers determine impairment.
  • 🏆 A preliminary breath test, though not admissible in court, can establish probable cause for a DUI arrest by indicating a driver's blood alcohol level.
  • ✋ The driver's cooperation, behavior, and physical condition during a traffic stop can influence the process and how law enforcement handles the situation.
  • 🗯️ It is important for drivers to be aware of their rights during a DUI arrest, including the right to remain silent and to have legal representation present during questioning.
  • 🗯️ Proper documentation and adherence to legal procedures, such as advising the driver of their rights, are crucial for maintaining the integrity of a DUI arrest.

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Questions & Answers

Q: Why was the driver pulled over in this Poland Police Department bodycam stop?

Officer Shelar stopped her because she pulled completely over into the opposite lane of traffic, the left turn lane, and drove in it to make her turn. He also saw that her left front tire was completely flat and that she kept driving on it. When she said she did not know about the tire, he continued the stop.

Q: What did the officer find inside the car?

Officer Shelar asked why there was an open container in the back seat, and the driver said she did not know it was there. He also asked for her license, registration, and insurance, and the insurance cards she produced were all expired. The open container plus her driving added to the suspicion that she had been drinking.

Q: How much did the driver admit to drinking?

When first asked, she said she had one drink, a wine, about an hour earlier. After she stepped out of the car, she told the second officer she had two cups of wine, and specified they were the big ones. She identified the wine as a Chardonnay when asked what kind it was.

Q: What field sobriety tests were administered?

The officer ran the standardized battery: the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test. Before starting, he asked whether she had any physical impairments that would prevent her from walking or standing on one leg, and whether she was wearing contacts. He told her he would evaluate both how well she followed instructions and how she performed.

Q: How does the walk-and-turn test work?

The officer had her imagine a straight line, place her left foot on it, then place her right foot heel to toe in front of the left, arms at her sides, and hold that starting position. On the command to begin, she had to take nine heel-to-toe steps while looking at her feet and counting out loud. At the ninth step she had to keep the lead foot planted, take small steps to turn, and take nine heel-to-toe steps back.

Q: How did the driver perform on the tests?

She had balance issues as soon as she got out of the car, which is what prompted the officer to start the investigation. During the horizontal gaze nystagmus test she had trouble keeping her head still and following the pen, and the officer repeatedly told her to try her best. She failed the walk-and-turn test by not following the instructions and losing her balance, and she struggled with the one-leg stand.

Q: What was her breath test result and what happened next?

After the failed field sobriety tests and her admission of drinking, the officer gave a preliminary breath test, which returned 0.212, well above the 0.08 legal limit. A PBT result is not admissible in court, but it establishes probable cause for a DUI arrest. She was arrested, advised of her rights, and her car was parked before she was taken to the station for processing.

Summary & Key Takeaways

  • Officer Shelar from the Poland Police Department conducted a traffic stop after witnessing the driver, who was driving on a flat tire, make an illegal turn into the opposite lane of traffic.

  • The officer discovered an open container in the car and proceeded to ask the driver about her insurance and license. The driver appeared to be intoxicated.

  • Field sobriety tests were administered, including the horizontal gaze nystagmus test, walk-and-turn test, and one-leg stand test. The driver failed these tests, leading to her arrest for DUI.

  • The officer informed the driver of her rights and arranged for her car to be parked before taking her to the police station for further processing.


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