After patting Rogers down, the officer asked where she'd come from and if she'd been drinking. Rogers politely replied that she'd like to answer but felt that she should not say anything before consulting a lawyer.

The officer then told Rogers she would need to take a couple of tests and that she didn't have a right to talk to her lawyer before taking them. The officer asked Rogers to recite the alphabet, to stand on one leg and to touch her finger to her nose. Rogers was successfully able to recite the alphabet but stumbled somewhat when she tried standing on one foot. The officer then shined a flashlight in Rogers' eyes and asked her to look left and right. The officer then gave Rogers a breath test with a PBA (portable breath analyzer). Rogers' BAC (blood alcohol content) measured .11 (beyond the legal limit of .08 for that state), so she was arrested for DUI, handcuffed and put in the back of the squad car. Neither Rogers nor the police officer said anything further.

Meanwhile, across town, Daniels was given the same field sobriety tests. Though Daniels passed all three, the officer still suspected DUI because Daniels had red, watery eyes and had hit a tree. Consequently, the officer arrested Daniels and brought him to the station for a blood test. Daniels' blood alcohol content measured .09, just above the legal limit of .08.