Speaker 1: In this video, we begin our series answering the question, how do the police investigate a DWI case, and why is that important to you? The answer to that question is coming right up. Welcome to Gustitis Law. I am Steve Gustitis. On this channel, we provide people hope by providing and imparting knowledge to them about the criminal justice system and maybe even the charges that they may be personally facing. If you enjoy the content that you find here, please consider subscribing to the channel. In today's video, we begin our series on answering the question, how do the police investigate a DWI case,

Speaker 2: and why is that important to you?

Speaker 1: Most police officers are trained to investigate a DWI case from a manual similar to this. This is the DWI Detection and Standardized Field Sobriety Manual published by an organization called NHTSA, the National Highway Traffic and Safety Administration. The police are trained from this manual to investigate DWIs. They are trained to understand the effects of alcohol on the body. They're trained to write reports. They're trained about how to testify and basically how to communicate the results of their investigation

Speaker 2: to a judge, jury, or prosecutor. Now, during the vehicle in motion phase,

Speaker 1: the police officers are trained to observe many different types of driving behavior. They're looking for swerving on the road. They're looking for traffic offenses, sometimes something as simple as speeding or failure to signal a turn. During the vehicle in motion phase, the reason why that particular phase can be helpful to you is because evidence of good driving behavior is evidence of sobriety. Your lawyer can use the good things that the officer saw or recorded in his report or maybe that are recorded on the video, can use that to discredit the officer's testimony that your driving behavior was indicative of impairment.

Speaker 2: The next phase of the investigation is called the personal contact phase.

Speaker 1: It's at this point that the officer has already stopped you in your vehicle, has approached you, and has contacted you while you're sitting behind the wheel of your car. It's at this point that the officer is trained to observe smells and sights and sounds that might be indicators of impairment or impairment. It's at this point in time that the officer is now trying to get you to incriminate yourself. Remember that everything you say and, of course, the way that you say it can be used in evidence in court. Officers will often ask you confusing questions, maybe multiple questions, in an attempt to get you flustered and be able to show, at least in their opinion, that you are intoxicated. Other things the officers are looking for are whether or not you're fumbling for documents or having trouble finding, for instance, your proof of insurance in the glove box or something of that sort.

Speaker 2: The third phase of the DWI investigation

Speaker 1: is called the standardized field sobriety testing phase. Here, the police officer is trained to administer, typically, three standardized tests to the subject. The first one is called, for short, HGN. That's called horizontal gaze nystagmus test. Sometimes they call it the pen test. The second test, which is standardized, is called the walk and turn. That's a balancing test. And the third test the officers typically administer is called the one-leg stand. That's also a standardized test. There may be other tests that the officer might give, but those three are the standard tests.

Speaker 2: The last phase of the DWI investigation

Speaker 1: is the chemical test. And remember, that's the police officer's endgame. That's what they want to arrest you for so they can get a sample of your breath or your blood, frankly, because juries are very, very apt to believe that kind of evidence. Even though it is assailable, it is a very, very important part

Speaker 2: of the police investigation. In later videos, we will take each phase

Speaker 1: of the DWI investigation and break it down and look at it more closely so we can examine different ways that that part of the investigation can be used to help you, can be used by your defense lawyer to discredit the police or discredit chemical test results. If you like this video, would you please consider giving it a thumbs up and also please consider subscribing to my channel. You can also visit my website at www.gestatuslaw.com. There, you can download my free book on defending DWIs or you can sign up for my free quarterly newsletter. In any case, I appreciate your visit. Thank you for watching and I look forward to seeing you next time.