DUI and DWI Indicators in California Criminal Defense Cases

Orange County DUI defenders and Los Angeles DWI defense lawyers are often asked, “How did the police know I was driving under the influence? I wasn’t weaving.” Good question. It’s not always weaving that attracts an officer’s attention, although it is an indicator. Your driving is the first thing the officer notices. CHP, LAPD and local Orange County police have been trained to look for certain signs in your driving that indicate you may be under the influence like a DWI Breathalyzer test. The National Highway Traffic Safety Administration wrote the book that most agencies were trained with. In that publication, the NHTSA , after extensive research, came up with 19 common indicators that police rely on to spot drunk drivers.

This list of indicators include the likelihood the person behind the wheel is under the influence after a field sobriety test. A good example of this would be straddling the center lane marker. According to the NHTSA, this would indicate a 65% chance the driver has been drinking. Here then, are the behaviors and the probability of intoxication:

• Wide Radius Turning 65%


• Straddling Center Marker 65%


• Drunken Appearance 60%


• Close Call Striking Object or Vehicle 60%


• Weaving In and Out of Traffic 60%


• Driving Off of The Designated Road 55%


• Swerving 55%


• Driving at Slow Speeds (more than 10 mph below limit) 50 %


• Stopping for No Good Reason in Traffic Lane 50%


• Drifting into Adjacent Lane 50%


• Following Cars Ahead Too Closely 45%


• Tires on “Botts Dotts” or Lane Markers 45%


• Braking Suddenly or Erratically 45%


• Driving on the Wrong Side of the Road 45%


• Signaling Wrong Direction or Contra To Operation of Vehicle 40%


• Abrupt or Illegal Turning 35%


• Starting or Stopping Quickly 30%


• Driving at Night With Headlights Off 30%

The fact that stands out, for example, is that although “Making a Wide Radius Turn” indicates the driver is drunk 65% of the time; it also indicates that 35% of the time the driver is sober. In all of the above cases, it takes a combination of these symptoms to indicate a possible DUI. When an arresting officer notes one or two in his arrest report, it raises the chances the driver is under the influence (to as much as 70%). Again, the use of negative reasoning leaves one with the conclusion that 30% of drivers with multiple symptoms and not actually DUI.

Knowing how to use these facts in fighting your arrest is our job. Call us today at 1-888-400-9721 for a free consultation. All cases are different and none of the foregoing constitutes a consultation or guarantee of outcome. We can only assure you that we will work strenuously on your behalf for the best result possible. Remember that since many DUI cases result in hit and run and wrongful death, we also are experienced OC and Los Angeles injury lawyers.





California Los Angeles DUI News.