An officer need not suspect that a driver is operating under the influence to make an initial stop. It is not necessary for an officer to observe erratic or bizarre driving to make a stop. It is enough if the officer observes a traffic law violation or an equipment violation. Improper driving is not an element of the Operating While Intoxicated (OWI) offense.
Rather, two basic elements are required for an OWI conviction: 1) The defendant was driving a motor vehicle; and 2) The defendant was under the influence of an intoxicant at the time. Therefore, what the officer observes after he or she encounters the driver will provide further evidence of possible impairment. For example, the officer may note a strong odor of intoxicants about the driver, that the person has bloodshot or glassy eyes, that the person fumbles for his or her license, that the person’s speech is slurred or thick tongued, and that the person has a disheveled appearance. If the officer has reason to believe that the person may have been driving under the influence of alcohol or drugs, he or she will likely ask the person to get out of the vehicle and perform a series of field sobriety tests.
The field sobriety tests will probably consist of a battery of three standardized tests: 1) walk and turn; 2) one-leg stand; and 3) Horizontal Gaze Nystagmus (HGN) or the “eye test,” which looks for pronounced jerkiness in the eyes induced by alcohol and other drugs.
The combined three sobriety tests measure a person’s ability to perform various tasks requiring divided attention skills similar to those required in the driving task. If an officer identifies specific and objective indicators of impairment, the person will be placed under arrest. The officer will then request the person to submit to a chemical test of his or her blood, breath, or urine to determine the presence and quantity of alcohol or other drugs.
Depending upon which test is administered, the person will either be taken to the local police station or hospital. And depending upon whether the agency making the arrest is city, county, or state will determine whether the vehicle is towed and impounded or simply moved off the street. The car keys will be returned when the person is released under one of the following circumstances: 1) after some time possibly 12 hours have elapsed from the time of arrest; 2) a chemical test shows the person has an alcohol concentration of less than .04; or 3) to his or her attorney, spouse, relative, or other responsible adult at any time after the arrest.
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