Observation Evidence

Police officers are taught, in the NHTSA training manual materials for how to do a proper law enforcement investigation in a DUI case, to look for evidence in a second area, which is called 'personal observations' phase or observation evidence.

Examples of 'observation evidence' include the following:

• Delayed pullover to right hand side road after emergency lighting activated on patrol cruiser.
• If you do not roll down window before officer approaches vehicle.
• Dropping or fumbling drivers license, after officer asks license, registration, proof of insurance.
• Red eyes.
• Odor consistent with alcoholic drink on breath of the driver.
• Slurred speech.
• Wearing dirty or loose clothing.
• Mental attitude.
• Unsuitable behaviors (e.g., arguing with officer; belching; crying, etc.).
• Abnormal exit of vehicle (e.g., falling down or using frame of vehicle to steady self when exiting vehicle.
• Verbal admissions to drinking.

Source: DWI Detection and Standardized Field Sobriety Testing, Student/Participant Manual, U.S. Department of Transportation (1995).

Your rights under the U.S. Constitution and the Arizona Constitution include 'the right to remain silent,' when asked if you have consumed any alcoholic drink by an officer, 'and the right to speak with a lawyer,' before questioning. If you exercised these rights, by remaining silent or asking to call a lawyer on your cellular or other phone, you did the right thing.

If you asked to speak with a lawyer before taking any breath or other post-arrest tests, and the officer refused your request, or if the officer continued questioning you after you invoked your rights, these may be grounds for suppressing your statements and, possibly, dismissal of the charges against you. An able DUI attorney can file a motion to suppress your statements or have the charges against you dismissed, depending on the exact facts in your case.