DUI Investigations Phase II | Face-to-Face Contact

August 30, 2014 by Michael Dye

DUI Investigation Phase II

Fort Lauderdale DUI Attorney | Miami DUI Attorney

Phase II DUI Investigations | Personal Contact

At the beginning of Phase II, the police officer has already seen how the driver was operating the vehicle and noted “cues” of impairment if any. There are many times when an Officer does not detect any cues during Phase I. It is important to illicit the fact that the officer did not witness any Phase I cues and therefore did not have reason to believe that this was a DUI stop. Checkpoints and accidents are common scenarios when a police officer does not witness any Phase I cues that’s why lawyers in these situations are common and you can find the best online at sites like https://www.harrybrownlaw.com/atlanta-motorcycle-accident-injury-attorney. It is not abnormal for an officer to see a car driving and pull the car over for an infraction without witnessing a Phase I cues.

Face to Face Contact

In phase II of a DUI investigation, an officer will observe and interview the driver face to face in order to determine if there is reason to continue with the DUI investigation. Some departments mandate that any individual suspected of DUI must exit the vehicle. Accordingly, the interview that takes place during this phase can be done with the suspect inside or outside of the vehicle. NHTSA guidelines specifically state that Phase II can be initiated without Phase I. Specific examples given by NHTSA include roadblocks and accident scenes.

Divided attention questions are a commonly used technique by law enforcement to assist with making a determination of impairment. The questions are designed to determine your ability to focus on two tasks at the same time. “May I see your license and registration?” “What is your name and date of birth?” As you are looking for your license and registration, the police officer is going to be watching for signs of impairment such as if you pass by your license in your wallet as well as indicators of physical impairment such as “fumbling fingers.” and other indications that your mental and physical faculties are impaired.

NHTSA does not list the statistical correlation to impairment for Phase II cues. Nevertheless, the following behaviors and observations are indicated as consistent with impairment:

• Bloodshot eyes;

• Soiled clothing;

• Fumbling fingers;

• Alcohol containers;

• Drugs or drug paraphernalia;

• Bruises, bumps or scratches;

• Unusual actions;

• Slurred speech;

• Admission of drinking;

• Inconsistent responses;

• Unusual statements;

• Abusive language;

• Anything else;

• Alcoholic beverages;

• Marijuana;

• Cover up odors;

• Other unusual odors;

The “typical” DUI report states a “strong odor of alcohol coming from the defendant’s breath; red bloodshot, glassy eyes and slurred speech. As is with the cues in Phase I, it is most effective to focus on the things that the defendant did correctly.

If the officer notices one or more of these indications, the officer will inform you that he is going to begin a “DUI Investigation.” When the police officer tells you that he is going to conduct a “DUI Investigation”, the investigation is already complete and the officer has made his arrest decision. The standardized field sobriety exercises in Phase III are simply a means of gathering additional evidence of guilt and do not have much of an impact, if any, on the arrest decision. You are under no legal obligation to take the roadside sobriety exercises. It is never a good idea to take them. You cannot prove your innocence. You can only dig yourself a deeper hole.

DUI Attorney, Michael Dye received additional training in the administration and interpretation of the SFST’s from Doug Scott, a pioneer in the field of the Drug Recognition Expert Program, who is recognized as an expert in the administration and interpretation of the SFST’s. Mr. Dye has the most current version of the NHTSA SFST Student Manual and actively utilizes it as reference and impeachment material in both depositions and trials. Mr. Dye has cross examined the arresting officer regarding the SFST’s in over 20 trials and numerous depositions. For more information, please contact Mr. Dye at his Fort Lauderdale or Miami Office:

The Law Offices of Michael A. Dye, PA, 1 E Broward Blvd #700, Fort Lauderdale, FL 33301 (954)990-0525 or
The Law Offices of Michael A. Dye, PA, 2 S Biscayne Blvd, Miami, FL 33131 (305)459-3286

Next: Phase III DUI Investigations – SFST’s

Roadside Sobriety Exercises | Standardized Field Sobriety Tests

July 29, 2014 by Michael Dye

Police officer incorrectly administering the SFST’s.

DUI Attorney Miami | Criminal Lawyer Miami

Prior to being arrested for a DUI, and sometimes afterwards, the police often ask a defendant to submit to a series of exercises in order to determine the individual’s sobriety. These exercises are known as the Standardized Field Sobriety Tests or SFST’s for short. The SFST’s is a series of 3 tests that the National Highway Transportation and Safety Administration has determined can be used to identify impairment in an individual. The officer demonstrates and then observes the defendant perform the exercises. The officer is trained to identify certain indicators of impairment that can be used to establish probable cause for an arrest or to simply pile on additional evidence of impairment.

The exercises must be administered and evaluated in a standardized fashion in order to ensure an accurate result. The tests were developed by NHTSA in conjunction with the Southern California Research institute. There are only 3 SFST’s that are statistically correlated to impairment. Those tests are the Horizontal Gaze Nystagmus, the Walk-And-Turn and the One-Leg Stand. These 3 tests are to be administered the same way every single time and evaluated through the use of strict criteria limiting an officer’s discretion as to what is a “pass” or what is a “fail.”

The unfortunate reality is that the standardized administration and evaluation of the SFST’s is largely ignored by police departments and individual police officers. The exercises are frequently administered and evaluated incorrectly leading the officer to form an opinion that can not be validated by any of the studies or research. Additionally, officers that are not properly trained often use improvised exercises that have been found to have no correlation to impairment. The most common of these tests are the “finger to nose” test, any test involving the alphabet and a wide variety of different counting exercises using your fingers. Do not be mistaken, those tests are not approved to detect impairment. Many DUI attorneys are not familiar with the concepts involved with the SFST’s.

When consulting with a criminal lawyer concerning your DUI case, you should ask the lawyer:

1) Are you familiar with the SFST’s?

2) What additional training have you received in the administration and interpretation of the SFST’s?

3) Do you own a copy of the NHTSA SFST Manual?

4) Approximately how many trials have you had where you cross examined the arresting officer concerning the NHTSA criteria?

For additional information, please contact