What can I expect if an officer suspects me of
driving drunk?
Often times, an officer's initial observations
play an important role in determining whether or not he/she will
expand his traffic stop into a drunk driving investigation. These
observations include, among other things:
1. Your driving;
2. Your physical appearance;
a. Do you "smell of alcoholic beverage?
b. Do you have "blood shot and watery eyes?
c. Are your clothes messy or soiled?
d. Do you have problems speaking clearly "slurred speech"?
e. Do you have problems maintaining your balance?
3. Admitting to drinking or coming home from a
party or bar;
4. Observations of vehicle - open alcohol containers
in vehicle.
When an Officer makes observations that that give
him reason to believe that you are driving while drunk, he will
then expand his investigation. The most common observations are
"blood shot and watery eyes" and the "smell of alcoholic
beverage"
At this point the officer asks whether or not you
have been drinking or if are coming from a bar or party. If the
answer to this is "yes", he/she will then likely request
that you exit the vehicle in order to perform field sobriety tests.
There are three primary field sobriety tests used in Iowa. (1) Horizontal
Gaze Nystagmus - officer checks your eyes and has you follow his
finger; (2) Walk and turn; and (3) One leg stand.
If the officer believes in his subjective opinion
that you failed the tests, he/she will often request that you provide
a sample in the Preliminary Breath Test device better known as the
PBT. At this point, regardless of whether you pass or fail this
test, you will most likely be arrested for OWI.
Once at the police station, the officer then reads
what is called the Implied Consent Advisory and requests that you
provide a breath sample in the DataMaster direct breath-testing
device. This advisory informs the individual of the consequences
to their driving privileges of taking the test and failing it as
opposed to refusing the test. This is the big machine that prints
out a reading that the State will attempt to use against you in
court. The result of this test will determine a number of variables
with regards to license suspensions, work permit eligibility, severity
of sentence and so on.
After taking and presumably "failing"
the test, the officer will ordinarily request to conduct an interview
of you regarding your alcohol consumption that evening. After that
you are provided with a citation and released; returned to lock
up and given an opportunity to call someone to bail you out or sit
until the morning when you can see a judge.
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