Basis for Law Enforcement to Perform Field Sobriety Tests in Minnesota
In order for an officer to require a driver to submit to field sobriety tests and a preliminary breath test, they must have witnessed something that warranted a reasonable, articulable suspicion that the driver was impaired by alcohol. Probable cause is not a prerequisite to obtaining a PBT or compelling a driver to submit to field sobriety testing.
There are four key ways in which an officer can articulate suspicion of drunk driving:
- Driving Conduct. The behavior of driver often provides the basis for a stop. If an officer witnesses a driver who appears unable to control a vehicle, drives unusually fast or slow, weaves, accelerates excessively, makes wide turns or attempts to evade law enforcement, sufficient suspicion exists to pull a driver over.
- Characteristics of the Driver. Once a driver is pulled over, the officer will look for visual clues of intoxication, including watery eyes, bloodshot eyes, flushed face, dilated pupils, slow reaction to light, difficulty in moving within the vehicle and the presence of bottles or other drug paraphernalia in the vehicle.
- Odor. In addition to witnessing a driver's physical characteristics, the officer will report whether an odor of alcohol was found on the person's breath or in the car. Any unusual odor, including breath sprays or other materials use to mask the smell of alcohol, may also serve as a foundation for further testing.
- Audible Evidence. Finally, the officer will always speak with the driver in a way geared toward determining whether the person has consumed alcohol. Routine questions may be asked, with an ear toward slurred speech, delayed response or angry reactions.
Once the officer has pieced together a number of these elements, it is safe to say that the stop was legal, giving the officer the authority to conduct further testing to determine whether there is probable cause to arrest the driver for DWI.
