You may know that a police stop is only lawful if he or she had a reason to pull you over, but do you know what constitutes this probable cause? The National Highway Traffic Safety Administration (NHTSA) had a team of researchers create a lengthy list of signals that someone has a blood alcohol concentration (BAC) of at least 0.08. The four subdivisions of this list are: failing to stay in the lane, speed problems, vigilance problems, and impaired judgment. So if an officer sees a driver weaving in and out of the lane, the officer will assess that there is a fifty percent chance that the driver is intoxicated, and if the driver has any of the other following cues, the chances of a DUI increase to at least a 65 percent chance. Read on to learn how a police officer decides that a driver may be under the influence.
As for the first division of the NHTSA's list, signs that a driver cannot stay in their lane are the biggest cues there are that a driver may be impaired. Weaving is one big signal of this, especially if it causes the driver to be in two lanes at once. Another sign that will alert a police officer is if a car starts to drift, going in a slightly diagonal direction. Swerving is also another visual cue. An officer could also stop if you almost crashed into another car or another object, or even if you make overly wide turns.
An officer might also view problems with speed as probable cause to pull you over on suspicion of a DUI. This is because drivers who are intoxicated have a hard time braking well. So if an officer sees you making jerky stops, or stopping way too near to another car or much too close, the officer might stop you. Also, if you accelerate all of a sudden, this could be interpreted as losing control of your speed. If you keep switching up your speed, or even if you are driving too slowly, a police officer might pull you over.
If a driver has vigilance problems, this would be exhibited in behavior such as forgetting to turn on the headlights after nightfall, not using the turn signal, or stopping randomly. Or if a driver uses the right turn signal for a left turn, an officer could easily interpret this as a sign of being impaired by alcohol.
There are also cues of impaired judgment that you might commit even if you only had one drink. For example, if you tailgate another vehicle, or if you get to close to the vehicle ahead before you stop, then an officer might pull you over. If you make reckless lane changes, if make sharp turns, if you drive off-road, or drive in some way that puts other drivers at risk, you could get stopped by a police officer.
After that point, an officer will be looking for other cues that often signal that someone is driving under the influence. This could include having trouble getting out of the car, asking the same question more than once, being unable to stand straight or still, or giving a delayed response to an officer. Of course, the smell of alcohol could be a dead giveaway, as could slurring words.
To learn more about probable cause and how it could play into your DUI case, find a legal expert, someone who can also help you fight against your charge, protecting your reputation and freedom. Contact a DUI lawyer on our directory as soon as possible to get started on your defense.