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When the police contact a driver they are looking for specific symptoms of intoxication. Typically, and almost without fail, these include the odor of alcohol on a person's breath or body, bloodshot or watery eyes, a flushed face, and slurred speech. The officer will also watch to see if the driver fumbles when trying to get his or her driver's license out. Generally, if an officer observes one or more of these clues, she will ask the driver whether he or she has had anything to drink. An individual is not required to answer a potentially incriminating question and could refuse to answer or ask for an attorney. Most people say that they have had a "couple" of drinks which is not necessarily incriminating. However such "statements of consumption" will be used against them at later hearings. Whether a driver admits to drinking or not, if the officer believes the driver has consumed alcohol prior to driving, she will ask him to get out of the car. At this point, the officer will be looking to see if the driver staggers when getting out the vehicle, sways when walking, or leans against the car for support. |
