Section 3. The OWI Traffic Stop

Understanding the four phases of an OWI stop is crucial for assessing the legality of the arrest and identifying defense strategies:

• Initial stop: Law enforcement must have reasonable suspicion or probable cause to initiate a traffic stop.

• Officer observations: The officer observes your behavior, appearance, and any signs of impairment.

• Field sobriety tests: Standardized tests used to assess physical and cognitive impairment.

• Chemical tests: Breath, blood, or urine tests to determine BAC or the presence of drugs.

Compliance with specific requirements and protocols in each phase is crucial, and deviations can impact the validity of evidence against you.

Phase 1: Vehicle in Motion.

The first phase of an OWI stop is known as the "Vehicle in Motion" phase. During this phase, the law enforcement officer must have reasonable suspicion to initiate a traffic stop. Reasonable suspicion means that the officer has a belief, based on specific and articulable facts, that a violation of the law has occurred or is occurring.

The officer may observe certain behaviors or actions that give rise to reasonable suspicion. These behaviors can include erratic or unsafe driving, such as swerving, speeding, abrupt lane changes, or failure to signal. Violations of traffic laws, such as running red lights or stop signs, following too closely, or driving without headlights at night, can also contribute to reasonable suspicion. Additionally, equipment violations like broken taillights or excessive window tinting can be factors in establishing reasonable suspicion.

It is important to note that the officer must be able to articulate specific reasons for the suspicion, rather than relying on mere hunches or general profiles. The officer should be able to provide a valid justification for initiating the traffic stop.

If the officer lacks reasonable suspicion to stop your vehicle, any evidence obtained during the stop may be subject to suppression, which could weaken the prosecution's case. Shown below is an excerpt an Indiana OWI probable cause affidavit that an officer would fill out while at the scene. Here you can see the type so observations an officer cold include in his or her report:

Phase 2: Contact with Officer.

The second phase of an OWI stop is the "Contact with the Officer" phase. During this phase, the law enforcement officer has made contact with the driver after initiating the traffic stop and begins to observe signs of impairment that may indicate the presence of alcohol or drugs. Once the officer approaches the driver's vehicle, they will typically engage in a conversation and make observations regarding the driver's behavior, appearance, and any other factors that might suggest impairment. The officer may pay attention to the following signs of impairment:

• Odor of alcohol: The officer may detect the smell of alcohol on the driver's breath or within the vehicle.

• Bloodshot or watery eyes: Alcohol or drug use can cause red, bloodshot eyes or excessive tearing.

• Slurred speech: Impaired individuals often have difficulty articulating their words clearly and may exhibit slurred speech patterns.

• Lack of coordination: Observable signs of impaired coordination can include unsteady movements, stumbling, or fumbling with documents or objects.

• Agitated or unusual behavior: Intoxication can lead to heightened emotions, aggression, or unusual behaviors.

• Admission of alcohol or drug use: If the driver voluntarily admits to consuming alcohol or using drugs, it can be a factor in establishing impairment.

It is important to note that these observations alone do not necessarily prove impairment or the presence of an illegal substance. Other factors, such as fatigue, certain medical conditions, or nervousness, can potentially mimic signs of impairment. However, the officer's observations during this phase play a crucial role in building probable cause for further investigation, such as conducting field sobriety tests or requesting a chemical test to determine the driver's blood alcohol concentration (BAC) level. The observations portion of the Indiana OWI probable cause affidavit is included below:

Phase 3: Field Sobriety Tests

The third phase of an OWI stop involves field sobriety tests, which are standardized tests used by law enforcement officers to evaluate a driver's physical and cognitive impairment. These tests are designed to assess a driver's coordination, balance, and ability to follow instructions. It's important to understand the types of field sobriety tests commonly used, as well as potential pitfalls associated with them.

Horizontal Gaze Nystagmus (HGN) Test:

• The officer uses a pen or flashlight and asks the driver to follow an object's movement with their eyes.

• The officer looks for involuntary jerking or bouncing movements of the eyes, known as nystagmus, which can indicate impairment.

• Potential pitfalls: Factors like fatigue, certain medications, and medical conditions can cause nystagmus, leading to false indications of impairment.

Walk and Turn Test:

• The driver is instructed to walk a straight line, heel-to-toe, for a certain number of steps, turn, and return in the same manner.

• The officer observes the driver's ability to maintain balance, follow instructions, and perform the test correctly.

• Potential pitfalls: Nervousness, medical conditions, footwear, uneven terrain, or poor lighting can affect a driver's performance, leading to misinterpretation of impairment.

One-Leg Stand Test:

• The driver is asked to stand on one leg, with the other leg raised a few inches off the ground, while counting aloud.

• The officer assesses the driver's balance, ability to follow instructions, and maintain the position for a designated duration.

• Potential pitfalls: Factors such as age, physical condition, footwear, uneven surfaces, and nervousness can impact a driver's performance on this test, potentially leading to incorrect conclusions about impairment.

It is crucial to note that field sobriety tests are subjective assessments made by the officer. The results can be influenced by various factors, including the officer's training, their perception, environmental conditions, and inherent limitations of the tests themselves. Additionally, some individuals may have pre-existing physical or cognitive conditions that can affect their performance on these tests. The field sobriety test portion of the Indiana OWI probable cause affidavit is included below:

Phase 4: Chemical Tests

The fourth phase of an OWI stop involves chemical tests, which are conducted to determine the driver's blood alcohol concentration (BAC) or the presence of drugs in their system. These tests are typically conducted after the field sobriety tests, and they carry significant weight as evidence in an OWI case. However, it is important to understand the types of chemical tests and their potential pitfalls.

Breathalyzer Test:

• A breathalyzer test measures the alcohol content in a person's breath to estimate their BAC level.

• The driver blows into a handheld device, and the device provides a reading indicating their BAC.

• Potential pitfalls: Breathalyzer results can be affected by various factors, such as mouth alcohol contamination, improper calibration, device malfunctions, or the presence of substances other than alcohol that may produce false-positive results.

Blood Test:

• A blood test involves drawing a blood sample from the driver, which is then sent to a laboratory for analysis.

• The blood sample is tested to determine the driver's BAC level and the presence of drugs.

• Potential pitfalls: Issues with blood sample collection, handling, transportation, storage, or lab analysis can impact the accuracy of the results. Contamination, mishandling, or improper preservation of the sample can introduce errors or compromise the integrity of the test.

Urine Test:

• A urine test is used to detect the presence of drugs in a driver's system.

• The driver provides a urine sample, which is then analyzed for the presence of drugs or their metabolites.

• Potential pitfalls: Urine tests have limitations in determining the timing of drug use and may not accurately reflect impairment at the time of driving. False positives, variations in drug metabolism, and issues with sample collection or analysis can affect the reliability of the results.

It is important to note that chemical test results can be subject to challenges. Issues such as improper administration, faulty equipment, failure to follow proper protocols, or inaccuracies in analysis can lead to unreliable or inadmissible evidence in court.

Chemical Test Refusal

It is also important to note that failing to take a portable breath test (PBT) in Indiana can have significant impacts on your driving privileges and legal situation. In Indiana, the implied consent law dictates that by operating a motor vehicle, you have already given your consent to submit to a chemical test, including a PBT, to determine your blood alcohol concentration (BAC) if a law enforcement officer has reasonable suspicion of impaired driving.

Refusing to take a PBT can result in immediate consequences, such as an administrative license suspension by the Bureau of Motor Vehicles (BMV). The length of the administrative suspension can vary, but it typically ranges from 180 days to two years, depending on prior offenses and circumstances. This administrative suspension is separate from any criminal penalties imposed by the court.

The chemical test portion of the Indiana OWI probable cause affidavit is included below:

Understanding the four phases of an OWI stop is essential for individuals facing OWI charges in Indiana. Each phase plays a crucial role in determining the legality of the stop and the admissibility of evidence. By comprehending these phases you can better understand the strengths and potential weaknesses of your case as well as help communicate the most relevant information to your attorney.