New Kent Drug DUI Stops

When someone is charged with a drug DUI offense in New Kent, typically it is after they have been stopped on the street, potentially for driving erratically or eliciting other signs of them being under the influence. A drug DUI officer is going to normally see this in three phases—the initial stop and questioning, the field sobriety test, and then any other subsequent observations.

With each of these phases in mind, it is important to be aware of what the law enforcement officer may be looking for and then to consult with a DUI drug attorney as soon as possible to ensure their other rights are protected.

Initial Stop

Law enforcement is going to stop and question what the driver is doing that leads them to believe there may be some kind of intoxicant involved. These behaviors include:

  • Slowing down or speeding up
  • Erratic speed or erratic changes in speed
  • Weaving in and out of traffic or weaving and having trouble staying in one lane
  • Driving on and off the road

Things like that can lead the officer to believe that there may be some type of intoxicant involved in the driving situation.


Once the stop occurs or once a person is pulled over, then the officer will begin to question or engage the individual in conversation to see if they can determine that there is some kind of intoxicant involved. They will ask if they have had anything to drink, if they are on any drugs, if they are taking any medication, or if they have mixed any medication with alcohol. If a person has, in fact, had something to drink, they will ask when was the last time that person had something to drink.

People are generally too forward with the officers during their drug DUI stop in New Kent. That question then will lead the officer to believe that there is an intoxicant involved and they would like to know what that intoxicant is.

Field Sobriety Tests

Then, they will move on to the field sobriety testing. With alcohol, there is the Horizontal Gaze Nystagmus Test, which is an eye test. However, if they believe that it is a DUID, then they will generally be looking for the manner in which a person is moving during the field sobriety test.

When they are asking a person to do the one-legged stand test, a walk-and-turn test, or the fingertip test, they are doing all these tests to observe the way in which one conducts these tests. They will want to know if a person can stand on one leg and keep their balance, if that person is able to focus on moving one’s fingers while counting, or if they can do them at the same time.

When they ask a person to do the alphabet test, they want to know if they can focus on saying the alphabet from the letters B to X without singing it, or if someone can count from number 25 backward to number 18 without skipping a number. They will observe if they follow those simple instructions from the officer during a drug DUI stop in New Kent. They are going to observe that activity to determine if there is an intoxicant involved, has it impaired a person or hurt their ability to perform these tests?


Thirdly, law enforcement will use their own observations upon the scene during a stop in New Kent for a suspected drug DUI. When they pull a person over, do they see anything in the car that would lead them to believe that contraband or an intoxicant is involved, such as needles? Is there any contraband itself in the car? Do they have the smell of marijuana? Do they see any drugs? Are there any pipes or any other paraphernalia that is present in the vehicle? Based off of these observations, questions, and testing, someone may then be charged with a drug DUI and taken in.

Mistakes to Avoid

There are a few big mistakes individuals make in drug DUI cases without the help of a drug DUI attorney advising them. The first is saying too much to law enforcement. That does not mean just after an arrest, it means that, at any time, an individual never has to give statements to the officer. A person can give them their license and registration without saying anything. A person can comply with them without answering any questions.

Similarly, they should not tell on themselves. It is important to understand that just because a person has taken a legal drug, an over-the-counter drug, or something that a person has been prescribed, that does not protect them from getting a DUI. Just because the item is illegal or is possessed through a valid prescription does not mean that a person subsequently cannot be charged with DUI for taking that item.