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Police Observations As Evidence

St. Louis DWI Lawyers Brian Millikan and Scott Millikan have extensive experience in DWI cases. As former police officers, they know first hand the steps required by law in making a drunk driving case. They also know the short cuts and mistakes police officers can make.

Nearly all drunk driving cases include the observations of the arresting police officer as part of the DWI evidence (defendant statements, field sobriety tests, portable breath tests, BAC tests). These observations usually form the probable cause needed to stop and detain a person for a DWI investigation. In the majority of drunk driving cases, the officer observes erratic driving and/or a traffic violation.

When investigating a possible DWI case, police officers look for a variety of possible indicators of intoxication, including:

  • order of consumed alcohol
  • alcoholic beverage containers
  • slurred speech
  • watery eyes, flushed face
  • inability to speak coherently
  • inability to perform field sobriety tests
  • difficulty maintaining balance
  • difficulty staying focused on simple tasks (producing driver´s license, etc.)

The issue with these observations is, again, they are very subjective. Many of these physical conditions are indicative of many other possibilities, not just intoxication. Other possible causes of these physical conditions include: nervousness, exhaustion, illness (common cold, etc.) and other physical ailments.

In addition to statements made made by a suspect, police officers make specific observations during field sobriety tests conducted along the roadside. The field sobriety tests are used to further indicate possible impairment if the driver is unable to perform specific physical and mental tasks.

You are NOT required by law to submit to a field sobriety test. Many police officers will attempt to pressure or scare a driver into submitting to field sobriety tests and portable breath tests. There are no consequences to refusing a field sobriety or portable breath test.

Contact us online or call 314.621.0622 (877.621.0622 Toll Free) for a FREE consultation and learn how the law applies to your specific situation. As former police officers and a former prosecuting attorney, we know potential pitfalls in the investigative process. As criminal defense attorneys, we know how to afford you protection under the law. Our education and experience mak a difference.

The Missouri Criminal Defense Attorneys of Millikan Wright LLC focus serving the needs of the greater St. Louis Metropolitan area. On the Missouri side, our criminal lawyers defend people in St. Louis city, St. Louis county, Jefferson county, Franklin county, St. Charles county, and Lincoln county. On the Illinois side, our attorneys represent people hurt in Madison county, St. Clair county and Monroe county.