This is the arrest process in a typical DUI case but as some cases may be different the following may not apply in your DUI case.

1. Observing The Vehicle In Motion - The Stop
   The police officer needs to witness a traffic violation or have reasonable suspicion that you have committed a crime in order to make a traffic stop. The police officer will look for behavior that involves slowed reactions, a willingness to unreasonable risks and impaired vision actions. The following are initial visual behaviors police officers use to detect nighttime DUI drivers:
   
   The Visual Detection of DWI Motorists by National Highway Traffic Safety Administration (NHTSA), for the following:
   1. Weaving
   2. Weaving across lane lines
   3. Straddling a lane line
   4. Drifting
   5. Swerving
   6. Almost striking a vehicle or other object
   7. Turning with a wide radius, or drifting during a curve
   8. Stopping problems (too far, too short, too jerky)
   9. Accelerating for no reason
   10. Varying speed
   11. Slow speed
   12. Driving without headlights at night
   13. Failure to signal a turn or lane change, or Signaling inconsistently with actions
   14. Driving in opposing lanes or the wrong way on a one-way street
   15. Slow response to traffic signals
   16. Slow or failure to respond to officer's signals
   17. Stopping in the lane for no apparent reason
   18. Following too closely
   19. Improper or unsafe lane change
   20. Illegal or improper turn (too fast, jerky, sharp, etc.)
   21. Driving on other than the designated roadway
   22. Stopping inappropriately in response to an officer
   23. Inappropriate or unusual behavior
   24. Appearing to be impaired.


2. Personal Contact
   The police officer is also trained to look for certain face-to-face behavior while talking with a driver, such as the following:
   1. Bloodshot eyes
   2. Soiled clothing
   3. Fumbling fingers when producing documents
   4. Alcohol containers in plain view in vehicle
   5. Slurred speech when talking to driver
   6. Admission of drinking
   7. Odor of alcohol beverages from the breath of driver
   Then the police officer will also observe how the driver exits the vehicle or if the driver uses the door for support, stumbles, sways while walking, or grabs for support.

The Field Sobriety Tests

There are field sobriety tests (FSTs) and a portable breath test (PBT) device that police officers usually use to gather evidence against you for a DUI charge. These are called psychophysical tests that employ the concept of divided attention tasks that require you to concentrate on 2 things at once.

Field Sobriety Test Guidlines (PDF)

The following are the most commonly used by police officers.

Horizontal Gaze Nystagmus
The police officer will instruct you to stand with your feet together and your arms at your side. The police officer will state I am going to check your eyes, now keep your head still and following this with your eyes, do not move your eyes back to center until I tell you, do you understand? During this test the officer is looking to see:

1. Right eye onset before 45 degrees
2. Right eye has distinct nystagmus at maximum deviation
3. Right eye does not follow smoothly
4. Left eye onset before 45 degrees
5. Left eye has distinct nystagmus at maximum deviation
6. Left eye does not follow smoothly

Walk & Turn
The police officer with instruct you to put your left foot on the line and then place your right foot in front of it. When I tell you to begin take 9 heel to toe steps down the line, turn around and take 9 heel to toe steps back, when you turn you must pivot so that either the ball or the heel of one foot remains on the line, keep you hands to your sides, watch you feet at all times and count your steps out loud. During this test, the officer is looking to grade you on the following:

1. Cannot balance during instructions
2. Starts too soon
3. Stops while walking
4. Does not touch heel-to-toe
5. Steps off line
6. Uses arms to balance
7. Loses balance on turn or turns incorrectly
8. Takes wrong number of steps

One Leg Stand
The officer will instruct you to stand with your feet together and your arms at your side. When I tell you to stand with your feet together and your arms down at your sides when I tell you to I want you to raise one leg about six inches off the ground and hold that position look at that foot. At the same time count for 30 seconds in the following manner, 1001, 1002, 1003 etc. Do you understand? During this test, the officer is looking to grade you on the following:

1. Sways while balancing
2. Uses arms to balance
3. Hopping
4. Puts foot down

Conditions
Police officers should provide appropriate conditions before requesting you perform these tests and where proper instructions and demonstrations are conducted. There can be situations were there is a language barrier; the lighting was insufficient, and/or the testing surface was rocky or otherwise uneven. Additionally, NHTSA states these FST tests should not be given in the following situations if the suspect:

1. Is 50 pounds or more overweight
2. Is 65 years of age or older
3. Has any back, hip, leg, knee, or ankle injuries
4. Has any disability effecting balance
5. Is wearing shoes with heels two (2) inches or higher

The Portable Breath Test
The police officer may ask you to blow into a handheld device called a portable breath test (PBT). This is to strengthen the police officer's arrest by giving an approximate reading of how much alcohol is in your body. The device can be used as evidence of probable cause to make an arrest and basis for impounding your vehicle.

The Arrest
Based upon the observations of your driving, your behavior while talking with you, your performance of the FSTs, and the PBT reading, the police officer may have probable cause that you committed a DUI. Once the police officer believes there is probable cause, you will be placed in handcuffs and put in the back seat of the patrol car to be transported for a breath or blood alcohol concentration testing.

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