How to Avoid Being Stopped on Suspicion of Drunk Driving

By Lawrence Taylor
If you're sober, then you've got nothing to worry about, right? Not necessarily. The problem with being singled out of traffic as a possible DUI is that the officer has already formed certain expectations: He is psychologically predisposed to "see" what he expects to see -- and he expects to see an inebriated person behind the wheel.

So reddish eyes from fatigue, alcohol on the breath from a single drink, and nervous fumbling with your wallet trying to get your driver's license will be seen as corroborating these suspicions. And then your future is going to depend upon performing well on field sobriety tests -- tests which are notoriously difficult for anyone to pass.

Probability of intoxication. Thus, for example, the research indicates that "the chances are 65 out of 100" that a driver who is making a wide turn or straddling a lane line has a blood-alcohol concentration above the legal limit. If you have been accused of breaking a Drunk Driving law, you can find a lawyer that specializes in such things to help you with your case. You should retain a qualified Drunk Driving Lawyer immediately

- Straddling Center or Lane Marker 65

- Appearing to be Drunk 60

- Almost Striking Object or Vehicle 60

- Weaving 60

- Driving on Other Than Designated Roadway 55

- Swerving 55

- Slow Speed (more than 10 miles per hour below limit) 50

- Stopping (without cause) in Traffic Lane 50

- Drifting 50

- Following too closely 45

- Tires on Center or Lane Marker 45

- Braking Erratically 45

- Driving Into Opposing or Crossing Traffic 45

- Signaling Inconsistent with Driving Actions 40

- Stopping Inappropriately (other than in lane) 35

- Turning Abruptly or Illegally 35

- Accelerating or Decelerating Rapidly 30

- Headlights Off 30

The NHTSA research indicates that symptoms are rarely seen in isolation; officers usually see a number of driving symptoms before pulling the suspect over. And the chances of a driver being intoxicated when multiple symptoms are observed can also be calculated: "When two or more cues are seen, add 10 to the highest value among the cues observed." For example, if the subject is observed to be weaving (60) and following too closely (45), there are 70 chances out of 100 that his blood-alcohol is above the legal limit.

Speeding, incidentally, is not a symptom of DUI. Because of the need for quicker judgment and reflexes, it may actually indicate sobriety. You may get stopped for speeding, but at least you won't have the officer approaching your car expecting to make a DUI arrest.

So if you're driving home late some night, keep in mind what the police are looking for -- and drive accordingly.

Lawrence Taylor is a former prosecutor, law professor and author of "Drunk Driving Defense, 5th edition". You can visit Orange County DUI Lawyers to get more information about his law firm with offices in Orange County, California.