Knowing what the police look for in terms of erratic driving can help you avoid an unjust DUI stop.
Many DUI cases do not involve drivers who are extremely intoxicated or past the point where they can drive safely; instead, they involve people who had a few drinks and are likely capable of driving with the care and caution of a sober person. They then may have committed a minor traffic infraction that led to the police stopping their car — and a DUI arrest.
Of course, the best course of action is to never drive after you have been drinking. You should instead use a designated driver, call a taxi or an Uber or plan to stay overnight wherever you are. But if you do drive after having one or two drinks, understanding what the police look for when it comes to drunk drivers can help you avoid being unjustly stopped or arrested on suspicion of DUI.
Under California law, it is illegal to drive with a blood alcohol content (BAC) level of .08 percent or higher. If you are under the age of 21, on DUI probation or driving a commercial vehicle, that limit is lower. The police typically need probable cause to pull your car over (except in the case of DUI checkpoints), which they often can justify based on certain driving patterns. This post explores what exactly those DUI driving patterns are that lead police to pull someone over for drunk driving.
DUI Driving Patterns
The National Highway Safety Transportation Administration (NHTSA) has listed twenty common signs of a person driving under the influence of alcohol or drugs. The NHTSA uses these signs as part of a formula to determine if a person is driving while impaired. This is done by adding up the numeric value of each sign, and adding 10% to the total if a person has more than one sign of impaired driving. This number is a percentage that represents the likelihood that a person is driving while under the influence of alcohol or drugs. Based on these numbers, the police can theoretically determine if a person is driving while intoxicated.
Here are some of the signs of intoxicated driving, according to the NHTSA:
- Driving into opposing traffic (45%)
- Turning with a wide radius (65%)
- Drifting (50%)
- Erratic braking (45%)
- Accelerating or decelerating suddenly (30%)
- Straddling center or lane marker (65%)
- Headlights off after dark (30%)
- Almost striking an object or vehicle (60%)
- Weaving (60%)
- Driving outside the designated roadway (55%)
- Swerving (55%)
- Slow speed (more than 10 mph below the speed limit) (50%)
- Stopping in traffic for no reason (50%)
- Following too closely (tailgating) (45%)
- Signaling inconsistently with driving actions (40%)
- Stopping inappropriately (other than in lane) (35%)
- Turning abruptly or illegally (35%)
Using these numbers, the police can theoretically determine whether or not a person is driving
while impaired. For example, if you are going more than 10 miles per hour below the speed
limit, the police may believe that there is a 50% chance that you are driving under the influence
of drugs or alcohol.
As an experienced DUI lawyer in Rancho Cucamonga will tell you, the police are also able to use their experience in the field to determine whether or not someone is driving drunk. Knowing that the police look for these types of driving patterns can help you make a better decision about whether or not it is safe for you to drive; if you cannot drive safely based on these signs (for example, by not drifting across lanes or turning abruptly), then you shouldn’t be behind the wheel. It is always better to be safe than sorry — and the cost of a taxi or an Uber is far less than the cost of a DUI arrest or conviction.
If you have been arrested for a DUI, you will need the assistance of a highly skilled DUI lawyer in Rancho Cucamonga to help you fight the charges. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to learn more about how we can help you if you’re facing a DUI charge. We offer free initial consultations and will put our years of experience to work to protect your rights and freedom.
