Byron Carlson Petri & Kalb, LLC | attorneys at law

How do the police tell whether a driver is drunk or not?

On Behalf of | Mar 21, 2025 | Dram Shop Law

The police may suspect that a driver is drunk if they see a vehicle swerving on the road, making sudden stops or running red lights at night. If the police pull over a vehicle, they may gather evidence against the driver by testing their sobriety.

There are a few methods the police can use to determine whether a driver is drunk. Here is what you should know:

3 types of field sobriety tests

The police may ask a driver to perform a standardized field sobriety test, which is a type of physical performance evaluation. A driver may be asked to do the following tests:

  1. The police may hold an object in front of a driver during a horizontal gaze nystagmus test, allowing them to watch for erratic eye movements that indicate drunkenness.
  2. The driver may be asked to walk on a line during a walk-and-turn test. Falling or walking off the line may indicate inebriation. 
  3. The driver may be asked to stand on one leg for several seconds during a one-legged stand test. The police may suspect that a driver is drunk if they place their foot down or fall over.

The police may judge the driver’s inebriation following one or more of these tests.

3 types of chemical sobriety tests

A driver may be asked to take a chemical sobriety test. These tests often provide accurate results by testing a driver’s blood alcohol content (BAC), which is the amount of alcohol in the body at the time of testing. These tests can include the following:

  1. A breath test evaluates a driver’s BAC reading by the air in their lungs.
  2. A sample of the driver’s blood can determine their BAC level.
  3. The driver’s BAC level may be tested with a urine sample.

Inaccurate results after a field sobriety test or chemical test can lead to a wrongful conviction. Legal guidance can help protect the rights of people facing drunk driving charges.

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