Poor driving is not a reliable indicator of driving under the influence.
While some California driving under the influence (DUI) charges are initiated at DUI checkpoints or by police sitting outside of bars, waiting for intoxicated people to start their cars and drive away, many happen when law enforcement notice what they think is a person driving erratically. The officer will put on his or her lights, pull the driver over, and before the driver knows it, he or she is arrested for DUI.
A prosecutor will often start a DUI case by introducing testimony from the arresting officer. The officer will state that you were driving in a manner that was consistent with someone who was under the influence of alcohol or drugs. Perhaps you were speeding, driving too slow, weaving in and out of the lane, or you rolled a stop sign. This is offered as “proof” that you must have been drunk or using drugs — because otherwise, why would you be driving like that?
However, as a skilled Orange County DUI defense lawyer can explain, most traffic violations are committed by sober people. The same arresting officer may also testify on cross-examination by your attorney that you also drove safely. Maybe you drifted into the other lane while changing the station, or you slowed down because you were looking for a particular house, and then got back up to the proper speed limit. You may even have been distracted by your phone — a driving violation, to be sure, but not the same thing as a DUI. An experienced Orange County DUI defense lawyer may even be able to get the arresting officer to admit that driving patterns are not reliable when it comes to predicting DUIs. After all, while many people who are intoxicated drive poorly, not everyone who drives poorly is intoxicated. Some people just are bad or reckless drivers — and that is a separate issue from a California DUI.
In fact, according to the National Highway Traffic Safety Administration (NHTSA), driving patterns only predict DUIs 35% of the time. Those are pretty low numbers — and can be used by your Orange County DUI defense lawyer to demonstrate that the officer’s observations are not evidence that you were under the influence.
This is particularly helpful if your case is not based on being over the legal limit (.08% blood alcohol content, or BAC). Prosecutors may charge a DUI if you are deemed to not be driving with the “caution characteristic of a sober person.” In this case, your attorney can use the fact of your poor driving (or even your momentary inattention) to argue that you were not, in fact, driving drunk.
At the Chambers Law Firm, we have years of experience representing people who have been charged with DUIs. We will aggressively defend you against unjust charges, and work hard to secure the best possible outcome. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
