There are three phases involved when an officer arrests you for an OVI.  The first Phase is Vehicle In Motion (witnessing the car’s movement).  Then it is on  to Phase II, the Personal Contact Phase.

The first task of Phase II begins as the suspect vehicle and the patrol vehicle have come to complete stop. The officer immediately begins making observations–looking for specific clews during the initial contact and interview of the driver. Many times, the officer will already have developed suspicion that the driver is impaired by observing something unusual when the vehicle was in motion. i.e. erratic driving or weaving. However, this is not always true; the suspect could have been pulled over for expired tags or an equipment violation. Regardless of the evidence that may have come to light during Phase I (Vehicle In Motion), the officer’s face-to-face contact with the driver usually provides the first definite indicators that the driver is impaired.

During the face-to-face observations, an officer will use his/her sense of sight, hearing and smell to gather evidence of alcohol or other drug influence.

Sight:

  • Bloodshot eyes
  • Soiled clothing
  • Fumbling fingers
  • Alcohol containers
  • Drug paraphernalia
  • Unusual actions

Hearing:

  • Slurred speech
  • Admission of drinking
  • Inconsistent responses
  • Abusive language
  • Unusual statements

Smell – The arresting officer has to be properly trained to recognize these sensory observations. This type of assertion must be clearly and convincingly articulated.

  • Alcoholic beverages
  • Marijuana
  • Cover up odors
  • Unusual Odors

The basic purpose of the face-to-face observation and interview of the driver is to identify and gather evidence of alcohol and/or other drug influence. There are a number of additional tests officers may and do use to determine if the driver is intoxicated while he or she is still behind the wheel. These techniques apply the concept of divided attention; they require the driver to concentrate on two or more things at the same time. They include both question techniques and psycho-physical (mind/body tasks) techniques. These techniques are not as reliable as the standardized field sobriety tests but are still useful in obtaining evidence of impairment.

Questioning Techniques: Officers use three techniques when asking questions. First, they ask for two things simultaneously. An example of this is requesting that the driver produce both the driver’s license and the vehicle registration. Here, the officer is looking for a driver who forgets to produce both documents, produces documents other than the ones requested, etc. The second questioning technique is when an officer asks interrupting or distracting questions. This type of questioning occurs when the driver is asked to produce documents; the officer will then ask the driver without looking at your watch, what time is it right now? The officer is observing whether you ignore the time question, forget to resume the search for the documents or if the driver supplies a grossly incorrect answer. The final technique is asking unusual questions. This occurs when the officer has the driver’s license. An example of this type of question would be asking the driver what their middle name is.

In addition to the questioning techniques, an officer may ask the driver to recite the alphabet starting at a particular letter and ending at another. Also, the officer may ask the driver to count down from 48 to 33 out loud. Finally an officer may instruct to do a finger count. This is touching thumb to each finger up and then counting, 1,2,3,4.

After Phase I and II are completed the officer will start Phase III: pre-arrest screening. This Phase includes field tests and breathalyzer or other Chemical tests.  You will be permitted to call your lawyer.  Have my number – 513-260-2099 in your mobile.  I am available, always.

Bottom line: If you are pulled over and find yourself having to make decisions, CALL AN EXPERIENCED DUI OVI ATTORNEY.   Put my moblie phone number into your phone: (513) 260-2099. Hopefully you will never have to make that call. But, if the need arises, I can help you.

Scott A. Rubenstein, Cincinnati Attorney at Law