[Ed. note - This is the second part of a series on DUI Training.  This article deals with phase II of the drunk driving investigation.]

PHASE II – PERSONAL CONTACT

Here is where we begin to see officers dropping the ball. And this part of the investigation may be the most critical in the entire process. We get so used to “routine” traffic stops, that we fail to observe some of the best evidence of impairment that we’re going to get – during the initial contact with the driver.

Remember, that at this point the drunk (or other criminal) is in panic mode, and is at the greatest potential for producing evidence due to nerves. They still feel somewhat comfortable in their car however, and can give you all you need for conviction. Once you ask them out, you are less likely to get the spontaneous observations than while they’re in the car.

This phase begins the moment you exit the patrol car, not when you’re talking to the driver. As you approach what do you see, smell, hear. You’d be surprised how often someone will ditch their beer can in the back seat, or you’ll hear them blurt out “I’m drunk.”  Most officers are like “oh yeah” and let their guard down a little, which means their observations and notes for the report drop off too. These are big pieces to a big puzzle that has to be played out in your report.

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