Hmm.. There is a formula that involves a failure to comply with your duty as an officer and then you allege the citizen is resisting. You can't actually levy commands like "step out of the vehicle" until you have activated an arrest for a crime. A traffic stop is not a crime but could require the driver to identify themselves and that would involve winding a window sufficiently to do so but you have to confirm it is a traffic stop and the reason. They do not have to step out of the vehicle if it is a traffic stop. You say you are having a conversation and then you are stealing a phone out of the citizen's hand. All of a sudden you are jumping on them and during the whole transaction, you have not communicated what crime they are under suspicion of committing or that you have decided to arrest them. You know all the evidence has to be thrown out. When the officer fails to communicate that the person is being arrested under suspicion of committing a crime, in this case dui or care and control while intoxicated, they have no power to demand compliance or seize a phone. Too often across America, the officer fails to communicate what duty he is fulfilling and on what basis or suspicion but he proceeds to use force illegally. Its illegal use of force since you have not communicated that you are arresting the person. She is to be compensated for the whole transaction and all charges are to be dropped.