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How To Avoid Being Stopped On Suspicion Of Drunk Driving
By Lawrence Taylor, Fri Dec 9th

If you're sober, then you've got nothing to worry about, right?Not necessarily. The problem with being singled out of trafficas a possible DUI is that the officer has already formed certainexpectations: He is psychologically predisposed to "see" what heexpects to see -- and he expects to see an inebriated personbehind the wheel. So reddish eyes from fatigue, alcohol on thebreath from a single drink, and nervous fumbling with yourwallet trying to get your driver's license will be seen ascorraborating these suspicions. And then your future is going todepend upon performing well on field sobriety tests -- testswhich are notoriously difficult for anyone to pass.

So how do you avoid being pulled over in the first place? Well,it helps to know exactly what the police are looking for. Mostof them have been taught what driving symptoms indicate therelative probability that the driver is intoxicated. Thistraining is usually based upon research conducted by the federalNational Highway Traffic Safety Administration and reproduced ina booklet intended primarily for law enforcement, "Guide forDetecting Drunk Drivers at Night". The booklet contains a "DUIDetection Guide", which identifies the 19 most common andreliable initial indicators of drunk driving - along with thepercentage probability that the driver exhibiting the symptomis, in fact, under the influence. The following is a list of thesymptoms and the probability of intoxication. Thus, for example,the research indicates that "the chances are 65 out of 100" thata driver who is making a wide turn or straddling a lane line hasa blood-alcohol concentration above the legal limit.

- Turning with Wide Radius 65


- 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 inisolation; officers usually see a number of driving symptomsbefore pulling the suspect over. And the chances of a driverbeing intoxicated when multiple symptoms are observed can alsobe calculated: "When two or more cues are seen, add 10 to thehighest value among the cues observed." For example, if thesubject is observed to be weaving (60) and following too closely(45), there are 70 chances out of 100 that his blood-alcohol isabove the legal limit.

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

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

About the author:Lawrence Taylor is a former prosecutor, law professor and authorof "Drunk Driving Defense, 5th edition". You can visit Orange County DUILawyers to get more information about his law firm that hasoffices in Orange County, California.

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