How Can The Police Find Out Whether A Driver Is Under The Influence?

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How Can The Police Find Out Whether A Driver Is Under The Influence?

Police typically use three methods of determining whether a driver has had too much to be driving:

Observation. A police officer will pull you over if he notices that you are driving erratically swerving, speeding, failing to stop or even driving too slowly. Of course, you may have a good explanation for your driving (tiredness, for example), but an officer is unlikely to buy your story if he smells alcohol on your breath or notices slurred words or unsteady movements.
Sobriety tests. If an officer suspects that you are under the influence, he will probably ask you to get out of the car and perform a series of balance and speech tests, such as standing on one leg, walking a straight line heeltotoe or reciting a line of letters or numbers. The officer will look closely at your eyes, checking for pupil enlargement or constriction, which can be evidence of intoxication. If you fail these tests, the officer may arrest you or ask you to take a chemical test.
Bloodalcohol level. The amount of alcohol in your body is understood by measuring the amount of alcohol in your blood. This measurement can be taken directly, by drawing a sample of your blood, or it can be calculated by applying a mathematical formula to the amount of alcohol in your breath or urine. Some states give you a choice of whether to take a breath, blood or urine test others do not. If you test at or above the level of intoxication for your state (.08 to .10 % bloodalcohol concentration, depending on the state), you are presumed to be driving under the influence unless you can convince a judge or jury that your judgment was not impaired and you were not driving dangerously. Defense attorneys often question the validity of the conversion formula when driver's alcohol levels are based on breath or urine tests.

Other New Hampshire Drunk Driving Defense FAQs

Q: How Drunk Or High Does Someone Have To Be Before He Can Be Convicted Of Driving Under The Influence?
A: In most states, it's illegal to drive a car while "impaired" by the effects of alcohol or drugs (including prescription drugs). This means that there must be enough … More
Q: Do I Have To Take A Blood, Breath Or Urine Test If Asked To Do So By The Police?
A: No, but it may be in your best interests to take the test. Many states will automatically suspend your license for a year if you refuse to take a chemical test. And if … More
Q: Is Driving Over The Speed Limit A Crime?
A: Traffic violations can be felonies, misdemeanors, or infractions. Felonies and misdemeanors are crimes, but infractions are usually not thought to be part of the … More
Q: What Are The Speed Limits In New Hampshire?
A: Unless Otherwise Posted Absolute The 65 mph speed limit Prima Facie All the lower limits Interstate 65 mph Ltd Access Rds 55 mph Other Primary Rds 55 mph Residential … More
Q: How Are Speed Limits Enforced?
A: Enforced through use of: Pacing Yes Radar Yes Vascar No Photo Radar No Aircraft Yes Laser Yes More
Q: How Can Tickets Be Paid?
A: Tickets can be paid by mail or in person.
Q: Is Trial By Declaration Allowed?
A: No
Q: When Is A Jury Trial Allowed?
A: Speeding No Parking No Equipment No DWI *Yes *On appeal More
Q: What Is A Member Nonresident Compact?
A: Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is … More
Q: What Is A Member Driver License Compact?
A: If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

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How Can The Police Find Out Whether A Driver Is Under The Influence?

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