What does it take to be arrested for DUI/DWI?

Question

Does a police officer have to give you a field sobriety test and/or a blood alcohol test before he/she can arrest you for a DUI/DWI?

"The traditional "drunk driving" offense, consists of driving under the influence of alcohol and/or drugs. Evidence to support this crime generally comes from the officer's observations (erratic driving, slurred speech, unsteady gait, etc.), performance on field sobriety tests, and a legal (and generally rebuttable) presumption of intoxication from a blood alcohol test result over the legal limit."

Does a police officer have to "observe" all of these to deem you "under the influence"? Or is one or two of these "observations" enough for an arrest?

Example: You are pulled over because of your "erratic driving". You roll down your car window and the officer smells alcohol (and you are alone in the vehicle).

Is that enough "observation" for an arrest? Or must a sobriety test/BAC test be given? And what if a person refuses the test?

Thanks...

(lol-lol)

Sgt 524... thanks for the reminder that I've been lazy and haven't changed my avatar. But I don't want to break any laws, so I'll change it immediatly.

:)
Thanks!

Answer 1

no the officer does not have to give you a FST (field sobriety test) in order to arrest you for DUI/DWI...if the officer noticed your driving was not normal that's enough to pull you over. and when he did stop you smelled alcohol on your person, that could be enough to substantiate the arrest for DUI....keep in mind FST's are not required to be given by law enforcement. They are merely used to backup the officer's reasons for the arrest. And of course you already know the the breathalyzer as well as blood/urine collection is also used to substantiate the officers arrest.

Answer 2

1

Answer 3

You have to stand out somehow while driving to be pulled over by the police. If the officer smells alcohol in the vehicle, he/she will assume that you have been drinking. When taking the tests to assess if you are under the influence, you have to fail just enough to be arrested for DUI/DWI. They want to get a conviction as much as for the person that robbed a local gas station. Depending on jurisdiction, they will give you a Breathalyzer right there on the scene or take you to the police station (if not on sight) or hospital (if you request a blood test). Refusing a test in most states is automatic DUI/DWI. To be safe, if you are going to drink, don't drive.

Answer 4

DUI laws have different variables underneath them, kind of like subsections. There is one for registering over the legal limit, underage legal limit, commercial driver's license legal limit, less safe driving, etc.

Underneath the less safe driving, you do not have to have a BAC nor do you have to do field sobriety tests on the subject. The officer would have to articulate what variables were present to make the suspect less safe DUI. (speeding, failing to maintain lane, etc. as well as the suspect's characteristics{glassy/glossy/ glazed/red eyes, slurred speech, thick-tongued, unsteady, dazed, etc.})This is also where the video documentation would come into play to help support the officer's observations.

The refusal of submitting to the Intoxilyzer test is an administrative thing. Gerogia law says that if they refuse, then their license is suspended for one year. The suspect can always apply for a Administrative License Suspension hearing. Same goes for the person who did submit to the state chemical test (breath, urine, or blood). If the officer did not do any field sobriety tests on the scene, he/she better have a good reason for not doing so when going before the hearing. The judge can override the license suspension or have remain in effect.

As for your example, no one else in the car and the officer smells alcohol. The odor of an alcoholic beverage must be emitting from their breath, not their car. Anyone can spill something on themselves or in their car and not be drunk. Or the driver may have just dropped off a few drunk friends and the odor is still lingering in the vehicle.

**"Does a police officer have to "observe" all of these to deem you "under the influence"? Or is one or two of these "observations" enough for an arrest?"

If you are speaking of the multiple field sobriety tests, we look for "clues". If there are atleast two clues on a test, then the person is considered under the influence, especially on the HGN (horizontal gaze nystagmus). HGN is an involuntary twitching or bouncing of the eyes. The consumption of alcohol pretty much magnifies the intensity of the twitching. That's the one test you cannot practice at parties. You have no control over your eye movements.

Whether someone refuses field sobriety tests or the Intoxilyzer, if the officer has enough evidence for a DUI conviction, they can arrest you. The BAC is just icing on the cake so to speak.

Answer 5

The only thing an officer needs to arrest you is what is referred to as "Probable Cause", which is defined as the reasonable belief that a crime has been committed. However, charging you is entirely different. He can observe your erratic driving or traffic violation (probably cause for the stop), administer a field sobriety test and based on what he observes he can make a probable cause arrest. Most state laws have what are implied consent laws, which means if you have a drivers license you have implied consent to provide a breath or blood sample when it is requested by a law enforcement officer. Refusal to do so generally means am automatic revocation of your driving privelidges up to a year in most states.

Answer 6

it depends on where you live, here an officer is not required to give field sobriety test, and yes your driving and the smell of alcohol is enough for an arrest. the BAC test is just proof that the alcohol was there, dwi dui cases have been won by officer testimony alone, however a bac will sure help his case. so the answwer to the question is NO he does not have to observe ALL of those any one is reason for the arrest

Answer 7

Reasonable grounds for stopping in a DWI arrest include driving while wearing a St.Patrick's Day hat on any day other than March 17th.

Specific laws on the books prohibit such wearing, Theophania.

Answer 8

Your BAC must be taken. I was in court once, and the guy before me was there for drunk driving. I don't remember the details clearly, but I will tell you what I remember hearing in court. The guy was driving, when the police signaled to have him pull over. The guy didn't speed off, but he didn't pull over right away either. Still, the cop thought we was going to take off (or something).. Anways, when he finally pulled over, I guess the cop was pissed. He could smell the alcohol, so he arrested him. He took him to the station, and that's where he gave the BAC. Before he gave the BAC, he left the room to get some paper work. In court, the guys lawyer asked "Was there other people in the room with him?", "Yes". "Did you search everyone in that room?", "No". "Well then, isn't it possible that one of them could have had alcohol, and they could have given him some to drink, while you were gone?", "Well, it's not likely...", "I didn't ask if it was likely, I asked if it was possible", "Yes, it's possible, but it's highly unlikely, they wouldn't be in there with alcohol, they would have been searched by the cop that arrested them". That went on for a little bit, anyways, in the end the judge set the man free, because the BAC wasn't taken until after.

OK, so you might not need the BAC for an arrest, but for your arrest to hold it's ground in court, it should be given. Of course, if he were in a room without people, it might be a different story...?

Answer 9

He can arrest you for the offense if you refuse the tests which you do not have to take.If you refuse the tests you will loose your license for 6 months or until you go to court and get it reinstated.I would recommend to never take a breathalyser or a field sobriety test.

Answer 10

It is enough to be detained for the purpose of testing your BAC levels to determine if you are drunk. You can refuse but you will be arrested and your license suspended on the spot.