Serving New Haven, Connecticut
AVAILABLE 24 HOURS/7 DAYS ||
Call Day & Evening (203) 290-2779

What Are Law Enforcement Guidelines for Deciding to Make a DWI Arrest?

What Are Law Enforcement Guidelines for Deciding to Make a DWI Arrest?

Several pieces of evidence that you are likely intoxicated by an illegal substance are needed before you can be arrested for drunk or drugged driving. 

The officer that pulled you over should have: 

Evaluated Your Driving Prior to Pulling You Over 

First and foremost, a police officer must have a legitimate reason for stopping your vehicle. An officer cannot simply pull you over because they want to; they must have what is known as probable cause. In DWI cases, this is usually swerving or drifting into other lanes, or failing to obey traffic laws. 

Conducted a Preliminary Sight and Smell Assessment 

As the officer gets close to your vehicle, they will conduct a preliminary sight and smell assessment to check for easily visible or smellable evidence. They’ll shine their flashlight through your vehicle windows to look for contraband like alcohol containers, and they’ll use their olfactory senses to check for the scent of cannabis or alcohol. 

Reviewed Your Behavior At the Start of the Stop 

Your behavior during the stop is also evaluated for signs of intoxication, like slurred speech and poor motor skills. 

If you have difficulty answering the officer’s questions and display signs of severe confusion or loss of balance, you will likely be charged with driving while intoxicated and taken into law enforcement custody. For this reason, it’s important to speak and move as little as possible during a traffic stop. 

Conducted a Blood Alcohol Test  

Frequently, law enforcement officers will conduct chemical testing to determine if your blood alcohol level is over the legal limit. This may be done using breath test equipment on the scene, or you may be taken to the hospital or a laboratory for a blood test. 

The latter is often what occurs when the officer suspects that you may be under the influence of drugs, which a breathalyzer cannot test for. 

Requested That You Take Field Sobriety Tests  

The officer who pulls you over may ask that you get out of your car and submit to a walk and turn test or other field sobriety tests. These are inaccurate even if you’re sober and you can decline to submit to them without the risk of license suspension. 

Get the Legal Help You Need After a DWI Arrest Today 

If you or a loved one were arrested for drunk driving, we can help, but it’s important that you take action as soon as possible. Call now for your initial consultation to discuss your case in detail at (203) 290-2779.

Latest Post

cimg
cimg
cimg

Call us for a consultation

FAX: (203) 774-1029
RACHEL MIRSKY
Mirsky Defense
65 Trumbull St 2nd FL
New Haven, CT 06510

fb
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
Copyright © 2021 Mirsky Defense