Most DWI Police Investigations Begin in the Same Manner
Interviewer: How do your clients perceive being pulled over and arrested and being treated? Are there any similarities in what they were doing before they were pulled over?
During a Police Stop, You Will Always Be Asked for Identification and Questioned about Alcohol Consumption
Kevin: Almost every case involves a police officer asking for documentation. Then, immediately after the request for documentation, there’s a question concerning whether the driver had alcohol earlier in the evening.
If the Police Observe the Presence of Alcohol or the Driver Makes an Admission, the Investigation Intensifies
Once there’s some type of observation made by the officer, whether it be by smelling an odor of alcohol or getting an admission from the driver that alcohol was consumed, the investigation shifts into high gear.
And it’s a foregone conclusion that the officer’s going to have somebody get out of the car and do field sobriety tests. As soon as the officer smells an odor of an alcoholic beverage, one way or another, the officer is going to get the driver out of the car and do some field sobriety testing. Most likely the person’s not going to pass the field sobriety tests, because they are designed for failure. And then the driver is going to be taken back to the station and breath tested.
Are Most Individuals Surprised That They Are Facing a DWI Charge?
Interviewer: Do most people tell you, “I just had a glass of wine and dinner with my wife or I only had two beers or I really didn’t think I was intoxicated at all.” Are they typically surprised that this even happened?
Kevin: Well, it is common that clients will say, “I only had a few drinks” whether it be two or three and then they don’t understand why the breath test reading was so high. Some tell me that they have had six to seven drinks and then the breath test results seem to make a little more sense in relation to the amount of alcohol that they claimed to have consumed.
When I do have clients who say they’ve had two or three drinks and are confused by the breath test results that places me in a situation where either: I have to believe what they’re saying or just absolutely disbelieve them because the breath test results contradict what they’re claiming. But I always have to keep in mind one thing, that the breath test machines are flawed and that they’re based on a flawed set of scientific principles.