Understanding Phase DWI Investigations: The “Vehicle in Motion” Phase and Driving Conduct
When the police consider DWI investigations, their initial focus is what they call the “vehicle in motion” phase or Phase 1. This phase involves police officers monitoring drivers on the road whom they suspect may be impaired. Authorities look for behaviors that indicate intoxication, such as weaving, swerving, or inconsistent speed changes. Once an officer observes sufficient evidence of impairment, they will initiate a traffic stop to conduct a further investigation. If you are facing DWI charges in St. Paul or anywhere in the Twin Cities, make sure you consult with an experienced Minnesota criminal defense attorney.
“The vehicle in motion phase really resents the officer with one question, do I stop the vehicle.”
The vehicle in motion phase is critical as it can yield evidence that may be used in court against you. This is what the officer is looking for. An experienced DWI attorney knows how to navigate the intricacies of this phase and challenge the evidence collected. In this article, we’ll explore what defines the vehicle in motion phase, the signs of impairment that officers may look for, and common instances of illegal stops that could lead to favorable outcomes in your DWI case.
What Constitutes a Legal Traffic Stop?
To legally pull a vehicle over, police officers generally need reasonable suspicion that the driver has committed a traffic violation or criminal offense. This means officers must have specific, articulable facts to justify their actions. Reasonable suspicion requires a lesser burden of proof than probable cause, which is needed for arrest. This distinction is huge.
The 30 Cues of DWI During the Vehicle in Motion Phase
Not every traffic violation suggests impairment. While police can stop a vehicle for various moving or non-moving violations, specific driving behaviors may lead them to suspect impairment. Officers monitor for one of 30 potential cues of impairment during the vehicle in motion phase to substantiate claims of intoxication.
Prior to Command to Stop: 24 Cues
Here’s a list of the 24 cues and their associated predictive percentages indicating a driver may exceed a blood alcohol content (BAC) of .08:
Turning with a wide radius
Almost hitting another vehicle or object
Weaving
Weaving across lane lines
Straddling center or lane marker
Appearing to be impaired
Driving on other than designated roadway
Driving in opposing lane.wrong way on 1 way street
Slow response to traffic signals
Illegal or improper turn
Stopping inappropriately in response to officer’s signals
Stopping problems
Caring speeds
Slow or failure to respond to officer’s signal
Accelerating/decelerating rapidly
Driving without headlights at night
Swerving
Following too closely
Drifting
Speed lawyer than 10 mph below limit
Stopping without cause in traffic lane
Improper or unsafe lane change
Inappropriate or unusual behavior
Failing to signal/signal inconsistent with driving
While a non-moving violation can lead to a traffic stop, if a driver does not exhibit any of the 24 cues above, there should be no presumption of impairment. Oftentimes, officers may stop a driver based solely on the circumstances, such as the time of night.
During Command to Stop: 6 Cues:
An attempt to flee
No response to emergency equipment
Slow response
An abrupt swerve
Sudden stop, and,
Stirking the curb or another object.
When is a Traffic Stop Considered Illegal?
An illegal traffic stop occurs when an officer activates their lights without reasonable suspicion of a traffic violation. This is sometimes frequently called articulable suspicion. At Jack Rice Defense, we have successfully challenged DWI cases and achieved dismissals or favorable plea negotiations due to illegal stops.
“DWIs can be complex and their impact can be huge, from jail or prison to license revocations, vehicle forfeitures and more.”
It’s important to note that some cues of impairment, such as erratic acceleration or turning with a wide radius, are not explicitly traffic violations and thus cannot justify a stop on their own. While they may contribute to an officer’s suspicion for subsequent field sobriety tests, these cues lack the legal foundation for initiating a traffic stop. Therefore, an attorney can argue against the legality of the stop during preliminary hearings or motions to suppress.
If you're facing a serious DWI charge in Minnesota, it's vital to consult with a qualified DWI defense attorney. Jack Rice Defense offers free, confidential consultations. Reach out at 651-447-7650 or 612-227-1339. When your job, reputation, future, and life are at stake, ensure that you have Jack Rice Defense on your side.