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How to Avoid Being Stopped on Suspicion of Drunk Driving

If you're sober, then you've got nothing to- Stopping (without cause) in Traffic Lane 50
worry about, right? Not necessarily. The
problem with being singled out of traffic as-  Drifting  50
a possible DUI is that the officer has
already formed certain expectations: He is-  Following  too  closely  45
psychologically predisposed to "see" what he
expects to see -- and he expects to see an-  Tires  on  Center  or  Lane  Marker  45
inebriated person behind the wheel. So
reddish eyes from fatigue, alcohol on the-  Braking  Erratically  45
breath from a single drink, and nervous
fumbling with your wallet trying to get your- Driving Into Opposing or Crossing Traffic
driver's license will be seen as45
corraborating these suspicions. And then your
future is going to depend upon performing- Signaling Inconsistent with Driving Actions
well on field sobriety tests -- tests which40
are notoriously difficult for anyone to pass.
- Stopping Inappropriately (other than in
So how do you avoid being pulled over in thelane)  35
first place? Well, it helps to know exactly
what the police are looking for. Most of them-  Turning  Abruptly  or  Illegally  35
have been taught what driving symptoms
indicate the relative probability that the-  Accelerating  or  Decelerating  Rapidly 30
driver is intoxicated. This training is
usually based upon research conducted by the-  Headlights  Off  30
federal National Highway Traffic Safety
Administration and reproduced in a bookletThe NHTSA research indicates that symptoms
intended primarily for law enforcement,are rarely seen in isolation; officers
"Guide for Detecting Drunk Drivers at Night".usually see a number of driving symptoms
The booklet contains a "DUI Detection Guide",before pulling the suspect over. And the
which identifies the 19 most common andchances of a driver being intoxicated when
reliable initial indicators of drunk drivingmultiple symptoms are observed can also be
- along with the percentage probability thatcalculated: "When two or more cues are seen,
the driver exhibiting the symptom is, inadd 10 to the highest value among the cues
fact, under the influence. The following is aobserved." For example, if the subject is
list of the symptoms and the probability ofobserved to be weaving (60) and following too
intoxication. Thus, for example, the researchclosely (45), there are 70 chances out of 100
indicates that "the chances are 65 out ofthat his blood-alcohol is above the legal
100" that a driver who is making a wide turnlimit.
or straddling a lane line has a blood-alcohol
concentration  above  the  legal  limit.Speeding, incidentally, is not a symptom of
DUI. Because of the need for quicker judgment
-  Turning  with  Wide  Radius  65and reflexes, it may actually indicate
sobriety. You may get stopped for speeding,
-  Straddling  Center  or  Lane  Marker  65but at least you won't have the officer
approaching your car expecting to make a DUI
-  Appearing  to  be  Drunk  60arrest.
-  Almost  Striking  Object  or  Vehicle  60So if you're driving home late some night,
keep in mind what the police are looking for
-  Weaving  60--  and  drive  accordingly.
- Driving on Other Than Designated Roadway 55Lawrence Taylor is a former prosecutor, law
professor and author of "Drunk Driving
-  Swerving  55Defense, 5th edition". You can visit Orange
County DUI Lawyers to get more information
- Slow Speed (more than 10 miles per hourabout his law firm with offices in Orange
below  limit)  50County, California.



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