Monday, October 13, 2008

NHTSA's California DUI clues

California DUI criminal defense attorneys at have been asked what NHTSA considers purported DUI clues on California roads:

DUI / Drunk Driving / DWI cues related to problems in maintaining proper lane position include,

Weaving across lane lines,
Straddling a lane line,
Almost striking a vehicle or other object, and
Turning with a wide radius, or drifting during a curve.

The DUI / Drunk Driving / DWI cues related to speed and braking problems include,

Stopping problems (too far, too short, too jerky),
Accelerating for no reason,
Varying speed, and
Slow speed.

The DUI / Drunk Driving / DWI cues related to vigilance problems include,

Driving without headlights at night,
Failure to signal a turn or lane change, or Signaling inconsistently with actions,
Driving in opposing lanes or the wrong way on a one-way street,
Slow response to traffic signals,
Slow or failure to repsond to officer's signals, and
Stopping in the lane for no apparent reason.

The DUI / Drunk Driving / DWI cues related to judgment problems include

Following too closely,
Improper or unsafe lane change,
Illegal or improper turn (too fast, jerky, sharp, etc.),
Driving on other than the designated roadway,
Stopping inappropriately in response to an officer,
Inappropriate or unusual behavior, and
Appearing to be impaired.

Post-Stop DUI / Drunk Driving / DWI Cues

In addition to the driving cues, the following post-stop cues have been found to be excellent predictors of DUI / Drunk Driving / DWI.

Difficulty with motor vehicle controls,
Difficulty exiting the vehicle,
Fumbling with driver's license or registration,
Repeating questions or comments,
Swaying, unsteady, or balance problems,
Leaning on the vehicle or other object,
Slurred speech,
Slow to respond to officer/officer must repeat questions,
Provides incorrect information or changes answers, and
Odor of alcoholic beverage from the driver.