Understanding Phase II of DWI Investigations: Personal Contact Cues Utilized by Law Enforcement
When approaching Driving Under the Influence investigations, the National Highway Traffic Safety Administration (NHTSA) outlines a systematic approach for officers to assess potential intoxication, particularly during Phase II: Personal Contact. This phase follows the initial vehicle in motion observation and involves the police officer making direct contact with the driver. The officer evaluates various behavioral cues that could indicate impairment, effectively building a case against the driver. If you are facing serious DWI charges in Minnesota, make sure you consult with an experienced Minnesota DWI Defense Attorney. Call for a free confidential consultation at 651-447-7650 or 612-227-1339.
“Its important to understand that in this phase, the officer has already stopped your vehicle and is deciding whether to get you out of the car.”
During the Personal Contact phase, law enforcement typically looks for 28 specific cues. These behaviors can significantly impact the prosecution’s argument in court and can affect the outcome of a DWI case. Understanding these cues is essential for anyone facing DWI charges. At the same time, notice how many of these cues would be exhibited by a completely sober person.
The 28 Cues of Impairment During Phase II: Personal Contact
Here are some of the most commonly observed cues that officers use to assess a driver's level of impairment during the Personal Contact phase:
Odor of alcohol - A strong smell can be a primary indicator.
Bloodshot eyes - Red or watery eyes may suggest intoxication.
Slurred speech - Difficulty articulating words can point towards impairment.
Difficulty maintaining balance - Struggling to stand or walk straight can be telling.
Fumbling with documents - Inability to locate or present requested information can raise suspicion.
Lack of coordination - Difficulty performing tasks like retrieving items can indicate impairment.
Inconsistent responses - Evasive or contradictory answers to questions may prompt further scrutiny.
Confusion or disorientation - Difficulty understanding questions or directions can signal intoxication.
Altered mental state - Unusual behavior or mood swings observed during interaction.
Nervousness or agitation - Heightened anxiety could suggest consciousness of factors leading to the stop.
Delay in response time - Sluggish reactions when responding to officer prompts.
Failure to follow instructions - Inability to comply with simple direction can indicate impairment.
Excessive sweating - An unusual physical response under normal conditions.
Inappropriate behavior - Actions that are out of character or seem erratic.
Inconsistent physical responses - Such as misjudging distance or having trouble moving steadily.
Poor eye contact - Avoiding eye contact may be perceived as a sign of intoxication.
Unusual speech patterns - Changes in tone, pitch, or pacing of speech.
Visible substance impairment - Any observable signs of drug or alcohol involvement.
Use of inappropriate language - Profanity or belligerent behavior that seems out of character.
Unusual clothing or appearance - Disheveled or inappropriate attire can raise flags.
Failing to respond to questions adequately - Inability to answer basic questions logically.
Engaging in risky behaviors - Situations that suggest impaired judgment.
Presence of an open container - Items indicating recent alcohol consumption.
Disruptive behavior - Actions that indicate loss of control or social norms.
Frequent adjustments - Excessive shifting in seat or inability to stay still.
Hyperactivity or lethargy - Being overly energized or unusually sluggish.
Stumbling or difficulty walking - Physical instability when exiting the vehicle.
Unsteady gait - Difficulty walking in a straight line or maintaining balance.
“Its important to remember that this are frequently divided attention tests. They are trying to trick you. That’s right, its purposeful.”
The Importance of Legal Defense
Each of these cues can be leveraged by law enforcement to establish reasonable suspicion and probable cause, potentially leading to DWI charges. However, it’s crucial to note that not every cue indicates impairment, and various factors could contribute to these behaviors, including stress or medical conditions.
If you find yourself facing DWI charges in Minnesota, it's imperative to consult with a knowledgeable and experienced Minnesota DWI defense attorney. Skilled legal representation can help scrutinize the evidence presented by law enforcement and protect your rights throughout the legal process.
At Jack Rice Defense, we offer free confidential consultations to discuss your case. Contact us at 651-447-7650 or 612-227-1339. When your job, reputation, and life are on the line, make sure you have Jack Rice Defense by your side, fighting relentlessly for your defense.