Probable Cause and Articulable Suspicion in Drunk Driving Cases

Posted on December 30, 2008 by Jason C. Brown

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.

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Basis for Law Enforcement to Perform Field Sobriety Tests in Minnesota

Posted on October 30, 2008 by Jason C. Brown

In order for an officer to require a driver to submit to field sobriety tests and a preliminary breath test, they must have witnessed something that warranted a reasonable, articulable suspicion that the driver was impaired by alcohol. Probable cause is not a prerequisite to obtaining a PBT or compelling a driver to submit to field sobriety testing.

There are four key ways in which an officer can articulate suspicion of drunk driving:

  1. Driving Conduct. The behavior of driver often provides the basis for a stop. If an officer witnesses a driver who appears unable to control a vehicle, drives unusually fast or slow, weaves, accelerates excessively, makes wide turns or attempts to evade law enforcement, sufficient suspicion exists to pull a driver over.
  2. Characteristics of the Driver. Once a driver is pulled over, the officer will look for visual clues of intoxication, including watery eyes, bloodshot eyes, flushed face, dilated pupils, slow reaction to light, difficulty in moving within the vehicle and the presence of bottles or other drug paraphernalia in the vehicle.
  3. Odor. In addition to witnessing a driver's physical characteristics, the officer will report whether an odor of alcohol was found on the person's breath or in the car. Any unusual odor, including breath sprays or other materials use to mask the smell of alcohol, may also serve as a foundation for further testing.
  4. Audible Evidence. Finally, the officer will always speak with the driver in a way geared toward determining whether the person has consumed alcohol. Routine questions may be asked, with an ear toward slurred speech, delayed response or angry reactions.

Once the officer has pieced together a number of these elements, it is safe to say that the stop was legal, giving the officer the authority to conduct further testing to determine whether there is probable cause to arrest the driver for DWI.

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