What symptoms and behavior is the officer looking for during the initial detention at the scene of a DUI or DWI and if asked by the officer to do a field sobriety test, do I have to do them?

Obviously when an officer is investigating a possible DUI he’s going to be looking for the smell of a intoxicating beverage is how they determine it from the person who is driving the vehicle, possibly disarranged clothes, red eyes, slurred speech. If they ask you to get out of the car, there may be unsteadiness on your feet.

All of these things can be incremental evidence to prove the officers DUI and they’re going to take note of everything that they see. If they ask you to perform a field sobriety test, you do have the right to refuse.

And if you have a physical impairment which would keep you from being able to do the field sobriety test, it’s important that you verbally express that to the police officer, so that the police officer will put that in their report.

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