BAD EXCUSES! WHAT REALLY HAPPENS DURING A DUI STOP?

A DUI TRAFFIC STOP can begin with a simple question: “Do you know why I stopped you?”

From there, drivers may offer explanations such as “I ONLY HAD ONE DRINK,” “I’M JUST TIRED,” “I’M FINE TO DRIVE,” or even “I DIDN’T DO ANYTHING.”

But during an impaired-driving investigation, an excuse is only one part of the encounter. Police may consider the driver's DRIVING BEHAVIOR, physical appearance, statements, field sobriety tests, and chemical-test results.

The thumbnail above presents a dramatic fictionalized-looking roadside confrontation. It should not be treated as evidence that the people pictured were involved in a specific real case. However, similar real-world DUI stops show why certain explanations may not end an investigation.

“I ONLY HAD ONE DRINK” DOESN'T NECESSARILY END THE STOP

One of the most common explanations during a DUI investigation is:

“I ONLY HAD ONE DRINK.”

But the number of drinks reported by a driver is not the only factor officers can consider.

NHTSA explains that alcohol can affect driving ability even at relatively low BAC levels. At .02 BAC, the agency identifies effects including declines in visual function and divided attention. At .05, effects can include reduced coordination, difficulty tracking moving objects, and difficulty responding to emergency driving situations.

That doesn't mean that one drink automatically makes someone legally impaired.

It means that ALCOHOL CONSUMPTION AND IMPAIRMENT ARE NOT ALWAYS THE SAME QUESTION.

The circumstances matter.

A REAL 2026 DUI STOP: “IT'S MY BIRTHDAY”

A recent Jacksonville case provides a striking example.

In May 2026, Action News Jax reported on police video from a February traffic stop on INTERSTATE 95. According to the report, an officer observed a vehicle traveling approximately 25 mph and swerving on the interstate before pulling it over.

During the stop, the officer pointed to a red cup in the vehicle.

The driver initially said it was empty.

When the officer reportedly smelled the cup, the driver acknowledged that it had contained HENNESSY.

Then came another explanation:

“IT'S MY BIRTHDAY.”

According to the report, the encounter ended with the driver being handcuffed. Jacksonville Sheriff's Office subsequently used the incident to remind motorists that celebrating a birthday does not make drinking and driving safe.

The important point is not the particular excuse.

It is that an officer's investigation can continue after a driver explains why alcohol was present.

POLICE LOOK AT THE ENTIRE ENCOUNTER

A DUI investigation is not necessarily based on one statement.

NHTSA's standardized field sobriety-testing program identifies three tests:

HORIZONTAL GAZE NYSTAGMUS
WALK-AND-TURN
ONE-LEG STAND

These are collectively known as the STANDARDIZED FIELD SOBRIETY TEST BATTERY. NHTSA says officers have used these tests for more than 40 years and provides dedicated training materials for law-enforcement personnel.

An officer may also document observations such as:

SPEECH

BALANCE

EYES

ODOR OF ALCOHOL

DRIVING PATTERN

RESPONSES TO QUESTIONS

ABILITY TO FOLLOW INSTRUCTIONS

None of these observations alone necessarily establishes guilt. But together, they can become part of the evidence considered in a DUI investigation.

THEN THERE IS THE BREATH TEST

A roadside conversation may eventually lead to BREATH TESTING.

NHTSA distinguishes between preliminary breath-testing devices and evidential breath-testing devices. A preliminary device can assist an officer in determining whether there is probable cause for an arrest, while approved evidential equipment can produce results that may be used as evidence in court, depending on state law and applicable procedures.

This is why statements such as:

“I FEEL COMPLETELY SOBER.”

“I ONLY HAD ONE.”

do not necessarily settle the matter.

A driver can genuinely believe they are fine while the investigation produces other evidence.

WHAT IF THE DRIVER SAYS, “I'M JUST TIRED”?

Fatigue can certainly affect driving.

But telling an officer that someone is TIRED does not automatically explain away other observations.

Imagine an officer sees a vehicle drifting between lanes, braking unexpectedly, or traveling substantially below the speed limit.

The driver says:

“I was just exhausted.”

The officer may still investigate further.

This is because the initial traffic behavior is already part of the encounter.

The explanation may provide context, but it does not automatically erase what the officer observed.

And importantly, TIRED DRIVING AND IMPAIRED DRIVING CAN HAVE DIFFERENT CAUSES. An investigation is intended to determine what circumstances may have contributed to the driving behavior.

“I'M FINE TO DRIVE” IS NOT A LEGAL TEST

Drivers sometimes rely on how they personally feel.

But subjective confidence is different from objective evidence.

NHTSA states that at .08 BAC, predictable effects include reduced concentration, short-term memory loss, impaired information processing, and difficulty maintaining speed control. At .10, maintaining lane position and braking appropriately can become more difficult; at .15, the agency describes substantial impairment in vehicle control and attention.

Again, these are population-level descriptions of alcohol effects, not a determination about any individual driver.

The broader lesson is simple:

FEELING OKAY IS NOT THE SAME AS BEING SAFE TO DRIVE.

WHAT HAPPENS IF A DRIVER REFUSES A CHEMICAL TEST?

Another common misunderstanding concerns REFUSING A BAC TEST.

NHTSA reports that all states have some form of IMPLIED CONSENT LAW, meaning drivers generally consent under state law to chemical testing when they are suspected of impaired driving, subject to the particular state's rules and procedures.

NHTSA also notes that all states except Wyoming have established separate penalties for BAC-test refusal, typically involving an administrative license suspension or revocation.

That means refusing a test is not necessarily a simple way to make the problem disappear.

The exact consequences vary by jurisdiction.

A DUI STOP CAN BECOME MUCH MORE SERIOUS

A traffic stop does not automatically mean the driver will be arrested.

But when investigators develop sufficient evidence of possible impairment, an arrest can follow.

And the consequences can extend beyond the immediate stop.

NHTSA's impaired-driving guidance identifies potential enhanced consequences for circumstances including HIGH BAC, REPEAT OFFENSES, DRIVING WITH A SUSPENDED LICENSE, VEHICULAR HOMICIDE, PERSONAL INJURY, AND DRIVING IMPAIRED WITH A MINOR IN THE VEHICLE.

The precise law depends on the state.

This is why a DUI case cannot be accurately understood from a short video or a single sentence spoken during a traffic stop.

EVEN POLICE OFFICERS CAN END UP FACING DUI ARRESTS

A recent Florida case shows that explanations are not limited to ordinary motorists.

In September 2026, Local 10 reported on newly released video involving an OFF-DUTY KEY WEST POLICE OFFICER who was arrested on a DUI charge.

According to the report, officers found Dustin Christina sitting in the driver's seat of a parked pickup truck after authorities had allegedly received information about his earlier driving. When asked how much he had consumed, he reportedly said:

“I HAD A FEW.”

The report also described allegations that he had nearly struck a woman earlier.

As with any criminal allegation, an arrest does not establish guilt. But the case demonstrates something important: WHO YOU ARE DOES NOT AUTOMATICALLY END A DUI INVESTIGATION.

WHY POLICE VIDEO MATTERS

Modern DUI investigations are increasingly documented through BODY-WORN CAMERAS, patrol-car cameras, and other recording systems.

That footage can preserve:

The driver's behavior
The officer's questions
The driver's answers
Field sobriety testing
Statements about alcohol consumption
The sequence of events
The circumstances surrounding an arrest

This can become particularly important when a driver and officer later remember the encounter differently.

The camera does not determine guilt by itself.

But it can provide an additional record for investigators, attorneys, and courts to evaluate.

THE BIGGEST MISTAKE IS THINKING AN EXCUSE WILL ERASE THE EVIDENCE

A DUI stop is not usually decided by the most convincing story.

A driver can say:

“I ONLY HAD ONE DRINK.”

“I'M JUST TIRED.”

“IT'S MY BIRTHDAY.”

“I'M PERFECTLY FINE.”

But officers may still evaluate the TOTALITY OF THE CIRCUMSTANCES.

NHTSA's current national campaign emphasizes that alcohol-impaired driving remains a serious road-safety problem. The agency reported that 11,904 people died in alcohol-impaired-driving crashes in 2024, representing 30% of all U.S. traffic fatalities that year.

So the real story behind a dramatic DUI stop is rarely just about an excuse.

It is about what happened BEFORE THE STOP, DURING THE INVESTIGATION, AND AFTER THE EVIDENCE WAS COLLECTED.

A driver's explanation may be part of that story.

It is not necessarily the end of it.