Conducting a DWI Investigation

Typically, but not always, there are three parts of an officer’s DWI investigation prior to arrest and taking breath or blood to determine blood alcohol content (BAC).  The investigation stages are:

• Vehicle in motion. Does the officer stop the vehicle?  Did the officer have a reasonable articulable suspicion that the law was violated?  This issue can be challenged at or before trial; and if the court finds that the officer did not have reasonable articulable suspicion to stop your vehicle, then a motion can be filed to suppress any evidence that is accumulated by the officer after the stop.

• Outside the vehicle investigation. Does the officer ask you out of the vehicle?  During this stage, the officer will be using auditory, visual, and olfactory clues to determine if further investigation is needed.  The office is:

  • Listening for slurred speech

  • Looking for red, classy, and blood-shot eyes

  • Smelling for alcohol on and about the person.

During this stage, the officer may give you a preliminary breath test and/or have you perform field sobriety tests.  It is important to note that unlike the breath test or the blood draw after the arrest, your privilege to drive will not be suspended for refusing either the preliminary breath test or the field sobriety tests!

• The arrest. Does the officer arrest you for driving while impaired?  Does the officer have probable cause to arrest you for driving while impaired?  This issue can be challenged at or before trial; and if the court finds that the officer did not have probable cause to arrest you, then a motion can be filed to suppress any evidence that is accumulated by the officer after the arrest.

As you may imagine, an attorney’s knowledge of these three stages of an officer’s investigation can be the difference in whether or not you are convicted of a DWI.  If you are charged with a DWI, let us help you navigate these and other issues pertaining to your legal defense. Call us today for a free consultation!