Evidence of Drug/Alcohol Use or Impairment
Goldilocks Theory of Drug/Alcohol Investigation
What indicators will police officers look for in assessing
whether a driver or other person has used or is under the influence of drugs or
alcohol?The
best information or evidence of drug or alcohol use or impairment,
short of a confirmed laboratory analysis, often comes from the correct
administration of NHTSA-approved standardized
field sobriety tests (SFST's).
Before conducting field sobriety tests or requesting a blood or urine
sample to be tested, police can be required to establish reasonable
articulable suspicion of criminal activity or probable cause to believe
that a crime has occurred. In order to develop evidence to establish
reasonable articulable suspicion or probable cause, many police
officers will look for visual or audible signs or indicators of
impairment or
drug use.

Many of these supposed visual or
audible "indicators" are problematic in that they require a subjective
assessment of a person's behaviors or physical conditions. Many of
these factors are not subject to a binary yes-no assessment, but can
instead fall along a range of conditions or behaviors. The necessary
subjective analysis sometimes results in a Goldilocks assessment, where
behaviors and conditions on one end of a spectrum can be considered as
indicators of drug or alcohol use or impairment, and behaviors and
conditions on the opposite end of the spectrum can also be viewed as
indicators of use or impairment. Only when the condition or behavior
falls in the Goldilocks zone (not to hot or too cold, not too hard or
too soft, etc.) will the condition or behavior be viewed by the officer
as
not indicating use or impairment.
Many
of the symptoms, characteristics, or behaviors can in fact be caused by
alcohol or drug use and can in fact indicate drug or alcohol
impairment. But there often are potential causes other than drug or
alcohol use that should be considered in assessing whether there is any
actual impairment caused by drugs or alcohol. Some examples of potential "indicators" are listed below.
If you are facing criminal charges relating to alleged drug or alcohol use, consumption, or
possession, it is vital that you have the assistance of an
experienced attorney.
Contact us today to see how we can help you.
Examples from the Goldilocks Zone
Speech
- Rapid speech and slow speech can both be potential indicators of drug
or alcohol use. Similarly, the contrasting characteristics of loud
speech and soft speech can sometimes be used as an indicator of drug or
alcohol impairment. When speaking, remember to be not too loud and not
too soft, not to fast and not too slow. Keep the speed and volume of
your speech in the just-right Goldilocks zone.
Behavior
- Behavior that appears agitated or anxious as well as behavior that
presents as depressed or sullen can both sometimes serve as a
basis for supporting a claim of alcohol or drug impairment. An
aggressive or belligerent attitude and also an overly-friendly attitude
are both sometimes cited by police as indicators of drug or alcohol
impairment. Overly-animated behavior or lethargic, drowsy behavior are
all sometimes viewed as indicators of impairment. To reduce the risk of
being accused of being impaired by alcohol or drug use, be sure to
behave in a manner that is not too passive and not too aggressive, not
too animated and not too lethargic, not too friendly and not too
belligerent, and, of course, do not let yourself appear too agitated
and anxious or too sullen and depressed. Keep your behavior and
demeanor in that just-right Goldilocks zone.
Facial Features
- Facial features and muscles that become too relaxed can indicate drug
or alcohol impairment, as can facial features and muscles that are too
tense. Perhaps the toughest indicator to exercise conscious control
over is pupil size. Pupils that are constricted or pupils that are
dilated can both potentially support a claim of alcohol or drug
impairment. Avoid letting your face be too relaxed or too tense, and
hope that your pupils find a way to keep themselves not too big and not
too small.
Finding the Right Attorney

If
you can look just right, talk just right, and behave just right, you
just might avoid being charged with an offense related to alcohol or
drug use or impairment. But if you do find yourself facing criminal
charges,
contact us today to see how our
criminal defense team can help you. See the difference the right attorney can make.
We
are pleased to assist clients along the Wasatch Front and throughout
Utah in drug- and alcohol-related cases, including felony and
misdemeanor DUI, automobile homicide (DUI-related), DUI (alcohol),
DUI (metabolite or drug), drug possession and other drug charges,
alcohol possession/consumption by a minor,
open container, and many more. Our experienced team of Utah criminal
defense lawyers has extensive experience defending individuals who are
facing aggressive prosecution at the misdemeanor and felony level, and
in the district courts and justice courts throughout the state.