Probable Cause and Articulable Suspicion in Drunk Driving Cases
Thanks to Matthew Ruff, a respected Los Angeles DUI Lawyer who handles cases throughout California, for a recent post concerning the main reasons that the police pull people over for a DUI.
In his article, Ruff notes that the National Highway Safety Transportation Safety Administration has identified a number of behaviors that suggest a probability of driver intoxication (the basis for the police to stop a driver):
- Turning the car with a wide radius;
- Straddling the center or a lane line or marker;
- Appearing to be drunk or visibly intoxicated;
- Almost striking a fixed roadside object or vehicle;
- Weaving within or outside a lane of travel;
- Driving the vehicle somewhere other than the designated roadway;
- Swerving in a sudden fashion;
- Driving at a slow speed;
- Stopping the car in the lane without cause;
- Following another vehicle too closely, improper or unsafe distance;
- Drifting in and out of the lane;
- Tires traveling on center or lane marker;
- Braking suddenly or erratically;
- Driving into opposing or crossing traffic;
- Signaling a turn inconsistent with driving actions;
- Stopping inappropriately other than in lane;
- Slow response to green lights or other traffic signals;
- Turning abruptly or illegally, in violation of traffic laws;
- Accelerating or decelerating rapidly; or
- Headlights off at night.
He further points out that once a driver is pulled over, the following behaviors indicate some level of intoxication on the part of the driver (and provide probable cause for an officer to conduct field sobriety tests):
- Difficulty with vehicle controls;
- Difficulty exiting vehicle;
- Fumbling with a drivers license or registration;
- Repeating questions or comments to the officer;
- Swaying, unsteadiness or balance problems while speaking to the police officer;
- Leaning on the vehicle;
- Slurred, thick or drunken speech;
- Slowness in responding to questions, or asking officer to repeat questions;
- Providing incorrect information or changing answers; or
- Odor of an alcoholic beverage.
Keep in mind that one of the key defenses in a DWI case is the argument that the arresting officer did not have an "articulable basis" for the stop that resulted in a drunk driving charge or probable cause to conduct field sobriety tests. If the court agrees, a DWI stemming from an illegal stop or a legally insufficient demand to submit to testing will be dismissed.
