When a police officer makes contact with a motor vehicle operator that he/she has suspicion may be under the influence, the officer will look at various criteria to confirm or dispel the suspicion. For example, the officer will ask the operator to produce his license and the vehicle registration. While trying to verify that the operator has a license, and the vehicle is registered, the officer is also looking to see whether the operator has any difficulty taking out the license and vehicle paperwork.
Some of the questions at this stage of the stop are, “Did the operator have any difficulty taking the license out his his/her wallet or purse, such as dropping the license or going past the license several times before being able to produce the same?” Similarly, “Was the operator able to hand over the registration, without difficulty finding it or dropping it in the process?”
If alcohol has been consumed in any amount and the odor is detectable from within the vehicle, the officer is likely to ask a series of question to determine where the operator is coming from and going. Also, there will be a series of questions as to the amount and location of alcohol consumed throughout the course of the evening.
If the officer’s suspicion of OUI increases at this time, you will be asked to exit the vehicle, according dui attorney Shane W. Surrette of Worcester, MA. Note that while you are exiting the vehicle you are being watched as to how efficiently you grab the door handle to exit the vehicle, and how you step out of the vehicle. For example, if you step down to the ground and stumble off to the side or side-step, the officer is going to note this in making a decision whether to arrest for OUI.
As you can see from the above-referenced criteria, in a very short period of time, an officer is going to be able to make numerous observations which can either confirm or deny the original suspicion of OUI. These observations are being recorded before the opportunity to perform field sobriety tests has even been granted.
Contact the Law Office of Shane W. Surrette for any questions or a free consultation.