The 1:20 A.M. Stop with a Prescription Bottle
At 01:20 you stop a 34-year-old driver for weaving across the center line and varying speed between 40 and 55 mph in a 45-mph zone. The driver has bloodshot, watery eyes, slurred speech, and a strong odor of an alcoholic beverage. He admits to “two beers” about an hour ago. On the console is a prescription bottle for alprazolam, filled two days ago; he says he took one “earlier.” He denies any medical emergency but says his back hurts and he “can’t do the walk-and-turn.” He refuses the preliminary breath test. A sober passenger says she can drive. You have not yet arrested him. The shoulder is narrow, traffic is light but fast, and a tow is not needed yet. He is polite and cooperative but keeps repeating that he is “fine.”
1. What facts support reasonable suspicion and probable cause, and how should the narrow-shoulder setting affect your field sobriety testing?
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Reasonable suspicion comes from the weaving, the 40-to-55-mph speed variance, and the center-line crossing. Probable cause builds from bloodshot, watery eyes, slurred speech, the odor of alcohol, the admission to drinking, and the prescription bottle. The narrow shoulder affects safety, not the legal standard. I would move to a safer location-a nearby lot or wide shoulder-if I can do so without losing the immediacy of the observations. I would request backup before testing in live traffic. I would ask about medical conditions and medications, and I would administer SFSTs only if safe and consistent with training. His back complaint may affect walk-and-turn, so I would document the stated limitation and rely on HGN, one-leg stand if appropriate, and other observations. I would not force any test.
2. How do you handle the prescription medication, the PBT refusal, and the express-consent process after arrest?
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Alprazolam plus alcohol can produce impairment greater than either alone, so I would treat this as a possible poly-drug DUI, not just an alcohol case. The preliminary breath test is a screening tool; refusal is not a confession, and I would document it accurately. After arrest, Colorado’s express consent process applies to evidentiary chemical testing. I would read the advisement accurately, request a blood test if that is the agency’s practice for a poly-drug case, and document any refusal. If he refuses, I would not forcibly test without legal authority; I would seek a warrant if policy and law permit, and I would document the refusal and the consequences as advised. I would also request a drug recognition expert if available.
3. What are the strongest pitfalls in this case, and how do you avoid them?
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Pitfalls include treating the back complaint as automatic refusal without documenting it; confusing PBT refusal with evidentiary refusal; failing to separate medical causes from impairment; letting the passenger drive without checking her license and sobriety; and missing the medication’s role. I would avoid each by recording exact statements, offering medical evaluation, using a safe testing location, preserving the prescription label and fill date, and calling a DRE. If the passenger drives, I would verify her license and sobriety and make sure the driver’s release or transport is lawful. The report should show that I considered innocent explanations and still had probable cause.