A law enforcement officer cannot detain a motorist who is suspected of operating a vehicle while under the influence, without establishing a basis for the detention. Therefore, after making the traffic stop, the officer looks for evidence such as the smell of alcohol, slurred speech, and bloodshot eyes. If the driver exhibits any of these signs, the officer can continue his investigation without violating the motorist’s rights. Ultimately the officer must establish probable cause to make an arrest through a series of field sobriety tests. If the motorist fails the field sobriety test, he is arrested and is taken to the station for the breathalyzer test.
If a motorist can demonstrate that his or her constitutional rights were violated by the law enforcement officer during the stop, any evidence obtained after the stop would be inadmissible at trial, including the results of the breath test. However, before the court can rule on the admissibility of evidence, a motion to suppress evidence must be filed by the motorist’s attorney. If the motion is not filed, the motorist waives his right to have the court rule on the admissibility of the evidence.