Understanding DWI Investigations: The “Vehicle in Motion” Phase in Minnesota
When it comes to DWI (Driving While Impaired) cases in Minnesota, everything often begins with one key question:
“Should the officer stop the vehicle?”
That question is at the heart of the first stage of any DWI investigation — what law enforcement calls the “Vehicle in Motion” phase. It’s the very first opportunity for police to observe a driver and make real-time judgments based on what they see behind the wheel. And what happens in those moments can make or break a case.
At Jack Rice Defense, we know how to challenge weak or illegal traffic stops. If you’re facing DWI charges in St. Paul or anywhere in the Twin Cities, understanding how this phase works — and how to fight it — is critical.
What Is the “Vehicle in Motion” Phase?
This phase involves officers observing a vehicle before making a traffic stop. They’re trained to watch for signs of impairment — weaving, drifting, erratic braking, inconsistent speeds, or anything that seems “off.”
But just because something looks suspicious doesn’t make it illegal. And that’s a key point.
An officer can only legally pull you over if they have reasonable suspicion that you’ve committed a traffic violation or a crime. That means specific, articulable facts — not just a gut feeling. If that stop doesn’t hold up under scrutiny, everything that comes after it could be thrown out.
What Are Officers Looking For?
The National Highway Traffic Safety Administration (NHTSA) has outlined 30 specific cues officers are trained to recognize during the “Vehicle in Motion” phase. These are divided into two categories:
24 Cues Observed Before the Stop
These include behaviors like:
Turning with a wide radius
Weaving across lane lines
Drifting or swerving
Driving without headlights at night
Slow response to traffic signals
Sudden or inappropriate stops
Speeding up or slowing down erratically
Following too closely
Failing to signal, or signaling in a way that doesn’t match the driving pattern
Almost striking another object
Driving the wrong way on a one-way street
These cues are used to predict whether a driver’s BAC may be above .08, but many of them are not traffic violations on their own. That distinction matters.
6 Cues Observed During the Stop Command
Once an officer initiates the stop, they may continue observing your behavior:
Attempting to flee
No response to emergency lights or sirens
Delayed or slow response to pulling over
Abrupt swerving
Striking a curb or object
Sudden, unnecessary stop
Again, none of this alone proves intoxication — and not all justify a traffic stop under the law.
What Makes a Traffic Stop Illegal?
An illegal traffic stop occurs when an officer pulls you over without the reasonable suspicion required under the law. At Jack Rice Defense, we’ve successfully challenged these kinds of stops — and when the stop is illegal, any evidence gathered afterward may be inadmissible in court.
Many drivers are stopped for vague reasons like “wide turns” or “driving late at night.” Alone, those don’t justify pulling someone over. Yet they’re often used as a pretext. We dig deep into the stop itself — examining dash cam footage, officer reports, and all surrounding circumstances — to see if your rights were violated from the start.
Why This Phase Matters So Much
The “Vehicle in Motion” phase is more than just the beginning of the investigation — it’s the foundation. If that foundation is flawed, the entire case may collapse.
Challenging the legality of a stop isn’t just legal technicality — it’s a powerful defense strategy. If the stop is thrown out, so are the field sobriety tests, breathalyzer results, and any admissions made afterward.
Facing a DWI? Call Jack Rice Defense
DWIs are serious. A conviction can mean jail time, fines, license suspension, vehicle forfeiture — and a lasting hit to your record. But you have rights. And we know how to protect them.
Jack Rice is a Board Certified Criminal Law Specialist, a former prosecutor, and a nationally recognized trial attorney with more than 25 years of experience. He knows how the government builds its case — and how to take it apart.
📞 Call now for a free, confidential consultation:
651-447-7650 or 612-227-1339
When your freedom, your future, and your reputation are on the line, you need Jack Rice Defense on your side.
