How Police Enforce DUI Laws: Part 1 - When the Vehicle is in Motion
According to a pamphlet produced by the National Highway Traffic Safety Administration (NHTSA), there are 24 driving cues that may predict that a driver's BAC is .08 percent or greater. These cues are divided into four categories:
Problems in Maintaining Proper Lane Position:
- Weaving
- Weaving Across Lane Lines
- Straddling a Lane Line
- Drifting
- Swerving
- Almost Striking a Vehicle or Other Object
- Turning With a Wide Radius, or Drifting During a Curve
Speed and Braking Problems:
- Stopping Problems (Too Far, Too Short, Too Jerky)
- Accelerating for no Reason
- Varying Speed
- Slow Speed.
Vigilance Problems:
- 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
- Stopping in the Lane for No Apparent Reason.
Judgment Problems:
- 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
- Appearing to Be Impaired.
If you were stopped by the police and arrested for DUI, chances are one of these cues are going to be the reason that the police stopped you. However, what I find interesting about the 24 cues are that there are some other other classic moving violations that are not included, such as failing to stop for a red light or stop sign, speeding and u-turns, and no mention whatsoever of equipment violations such as having a burned out headlight or taillight. Supposedly, these were not included because they do not correlate to the driver’s BAC being over the .08 limit. However, I sure have many clients who were stopped for failing to stop for a red light, speeding or having an equipment violation and were eventually arrested for DUI. It makes me wonder about the validity of these 24 cues, much like the studies that I mentioned in my earlier post on standardized field sobriety tests that call into question their validity.

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