The National Highway Traffic Safety Administration (NHTSA) reports that since the 1970s, the proportion of alcohol-related crashes has declined; the agency attributes one of the factors to law enforcement efforts, namely detection tactics used by the police to detect motorists who are likely drunk driving.
Building upon an earlier NHTSA study, researchers interviewed officers all over the United States and subsequently developed a list of driving cues that are predictors of blood alcohol concentrations of .08% or greater.
Cues a Driver is DUI at Least 35% of the Time
The list was produced from 3 field studies involving over 12,000 traffic stops. The four driving behaviors identified by officers included:
- Failure to maintain proper lane position
- Problems with speed and braking
- Vigilance problems
- Judgment problems
The cues in these categories predict that a driver is driving under the influence at least 35% of the time. For example, if a police officer observes a driver to be weaving across lanes, the chances of DUI are over 50%. Further, if a police officer observes weaving and another cue that has been identified, the chances of DUI jumps to at least 65%.
Failure to Maintain Proper Lane Position
- Weaving or weaving across lanes
- Drifting
- Swerving
- Nearly striking another vehicle or object
- Straddling a lane
Problems with Speed and Braking
- Varying speeds
- Driving 10 plus miles below the speed limit
- Accelerating or decelerating for no apparent reason
- Stopping too far, too short, or too jerky
Vigilance Problems
- Driving the wrong way on a road
- Slow to respond to traffic signals
- Stopping for no apparent reason
- Driving without the headlights on at night
- Failure to use turn signals
Judgment Problems
- Tailgating
- Illegal or unsafe turn
- Inappropriate behavior (arguing, throwing objects)
In addition to the above, the following post-stop cues are considered by the police to be predictors of DUI: trouble exiting the vehicle, fumbling with one’s driver’s license or registration, swaying, balance problems, slurred speech, slow to respond to officer’s repeated questions, changing answers, and lastly, the odor of alcohol on the driver’s breath.
Contact a Miami DUI defense lawyer now!
If you were arrested for DUI, there is a strong possibility that you displayed one or more of the above cues; however, this does not necessarily mean that your arrest will result in a criminal conviction.
I am a former prosecutor with over 30 years of experience, I have successfully defended over 3,000 DUI cases, and I am a member of the National College for DUI Defense. Contact me today to learn how I can help you!
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