According to the National Highway Traffic Safety Administration there are 24 patterns that drivers can exhibit while operating their vehicle, to tip authorities off that they have been drinking. There are also a number of behavioral cues that police look for once the driver has been pulled over for suspicion of intoxicated driving.
Four categories of driving behavior exist that can lead police to suspect a driver of drunk driving. The first is “problems maintaining proper lane position.” Examples of these types of patterns are weaving in lane, weaving out of lane, straddling a lane line, swerving, turning with a wide radius, drifting and almost striking another vehicle or object.
The second category is “speed and braking problems.” Here, the driver would have problems stopping properly; they may accelerate or decelerate for no apparent reason, have varying speed and drive as slow as 10 mph below the speed limit.
Thirdly, a driver may have “judgment problems.” These can include following too closely, improper or unsafe lane changes, illegal or improper turns, driving on the other side of the road, stopping inappropriately in response to an officer, erratic or inappropriate behavior and appearing to be impaired.
Finally, a driver can demonstrate “vigilance problems,” such as driving in opposing lanes or the wrong way on a one-way street, have slow response to traffic signals, drive slowly or fail to respond to officer’s signals, stop in a lane for no apparent reason, drive without headlights on at night and fail to signal or signal inconsistent with driving pattern. It is important to note that speeding is not listed in any of these four categories of impaired motorist behavior. Although many prosecutors argue that speeding occurs because alcohol consumption diminished the driver’s judgment and increased their risk-taking behavior, driving above the speed limit is generally thought to take stronger judgment and quicker reflexes.
In addition to the 24 cues concerning the way the operator of the vehicle actually drove, are 10 cues that officers are trained to search for after the driver is stopped and before field sobriety tests are performed. These include difficulty with motor vehicle controls, difficulty exiting the vehicle, fumbling with driver’s license or registration, repeating oneself, unsteady balance, leaning on their vehicle, slurred speech, slow to respond to officer, provides incorrect information or changes answers, and smell of alcohol.
If an officer still suspects a driver of being intoxicated, there are several field sobriety tests that are used. Among the most common are the finger-to-nose test, heel-to-toe walk, reciting the alphabet, hand pat, fingers-to-thumb, one-leg stand and modified position of attention test (an officer will have the driver stand with their feet together and eyes closed, then observe any swaying or toppling over.) The horizontal gaze nystagmus (HGN) test is a new method of determining drunk driving. This “follow my pen” test was not designed to ensure that the driver is able to focus on the pen, but to measure the steadiness of the eyes while following the object and the degree to which the eyes are angled. The HGN test is relatively new and is not an accepted procedure in many states. Lastly, a breath or blood test will be administered to determine if the driver was in fact intoxicated while driving.
There are numerous DUI defenses that can be used to maintain innocence, and it is important for drivers arrested for DUI to remember that you are innocent until proven guilty. Seek the knowledge of an experienced DUI attorney to better understand your rights and your options for fighting a DUI.
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