DWI Defense in Minnesota: What Police Look For After the Traffic Stop — Phase II of a DWI Investigation
If you're pulled over in Minnesota and suspected of driving while impaired, the officer is already working through a step-by-step process established by the National Highway Traffic Safety Administration (NHTSA). This process helps law enforcement build a case for DWI, and Phase II—Personal Contact—is one of the most critical stages.
This is the moment when the officer has already stopped your car and now makes direct contact with you. What happens during this short window—just a few minutes of conversation and observation—can shape your entire case.
At Jack Rice Defense, we understand exactly how police are trained to look for signs of impairment and how those observations can be challenged. If you're facing DWI charges, don’t navigate this alone. Call for a free confidential consultation at 651-447-7650 or 612-227-1339.
Phase II: Personal Contact – What’s Really Going On?
The purpose of Phase II is to determine whether there’s enough evidence to justify asking you to exit your vehicle for field sobriety testing. Officers are trained to look for 28 specific "cues" that might indicate impairment. These behaviors can become a foundation for the prosecution's argument in court—but here’s the problem:
Many of these so-called “indicators” could easily apply to a completely sober person—especially someone who’s anxious, tired, or just caught off guard by being pulled over.
Common Personal Contact Cues Officers Are Trained to Look For
Here are some of the behaviors that police are trained to document when they interact with you face-to-face:
Odor of alcohol
Bloodshot or watery eyes
Slurred speech
Difficulty maintaining balance
Fumbling with documents
Lack of coordination
Confused or disoriented responses
Inconsistent answers
Delayed reaction time
Nervousness or excessive agitation
Failure to follow simple instructions
Sweating excessively without cause
Inappropriate or erratic behavior
Avoiding eye contact
Unusual or inconsistent speech patterns
Visible signs of substance use
Use of profanity or aggressive language
Disheveled appearance or odd clothing
Trouble answering basic questions
Excessive seat shifting or fidgeting
Hyperactivity or unusual lethargy
Difficulty walking or stumbling
Unsteady gait
Engaging in risky or impulsive behavior
Disruptive conduct
Open containers in the vehicle
Frequent need to adjust posture or move
Mood swings or emotional outbursts
These observations may seem minor, but they can be used to justify more invasive testing or even an arrest.
“These are divided attention tests—they're designed to trip you up.”
Officers want to see how you handle simple tasks under pressure. The reality? Even a stone-cold sober person might struggle when nervous.
The Legal Perspective: Why This Matters
It’s important to know that not all these cues actually indicate impairment, and many can be explained by fatigue, stress, illness, or even the shock of being pulled over. But that doesn’t stop officers from using them to justify a DWI arrest.
That’s why having an experienced criminal defense attorney on your side is so essential.
Why Choose Jack Rice Defense?
At Jack Rice Defense, we take apart the officer’s claims—line by line, cue by cue. We analyze the bodycam footage. We challenge assumptions. And we hold law enforcement to the highest legal standard required by the Constitution.
Jack Rice is a former prosecutor and U.S. federal officer with over 25 years of courtroom experience. He’s also a Board Certified Criminal Law Specialist, which means you’re getting a true expert in the courtroom.
When your job, your license, and your reputation are on the line, you need someone who knows the system and will fight for you every step of the way.
Call Today for a Free Confidential Consultation
If you're facing DWI charges in Minnesota, don’t wait. Contact Jack Rice Defense at 651-447-7650 or 612-227-1339. We'll review your case, help you understand your options, and stand by your side to fight for the best possible outcome.
