Every time a law enforcement officer pulls a driver over they will be closely watching that individual for any physical or behavior signs that may indicate DUI (driving under the influence) of alcohol and/or drugs. Police officers are trained to look for these specific DUI physical and behavioral signs and will note these observed signs in their police report.
Here are the DUI physical and behavioral signs law enforcement officers look for prior to a DUI arrest:
Odor of alcohol and/or drugs coming from the vehicle.
Odor of alcohol and/or drugs coming from the driver’s breath.
Alcohol container or drug paraphernalia inside the vehicle.
A flushed or red face.
Eyes that are watery, bloodshot, and/or glassy.
A messy appearance, soiled clothes, and/or messy hair.
Muffled or slurred speech.
Inability to understand the officer’s questions.
Inability to answer the officer’s questions.
An inappropriate attitude with the officer (aggressiveness, irritability, sobbing, and/or crying)
Difficulty retrieving their wallet, driver’s license, and/or car insurance.
Difficulty getting out of their vehicle.
Lack of balance and coordination.
Swaying while standing still.
Using their vehicle for support.
Inability to follow directions.
No knowledge of time, day, or current location.
If the officer observes some of these DUI physical and behavioral signs they will likely ask the driver to perform DUI field sobriety tests and to blow into the portable breathalyzer. Both tests are voluntary, meaning the driver can choose to take the test or choose not to take the tests. The attorneys at David O Defense always recommend REFUSING to take the DUI field sobriety tests or the portable breath test. Learn more about refusing to take the field sobriety tests by reading our previous blog, “Will I Get in Trouble if I Refuse to Take the DUI Field Sobriety Tests?”
If pulled over by a law enforcement officer and they suspect you are driving under the influence of alcohol and/or drugs, ask to speak with your attorney immediately. Give the attorneys at David O Defense a call, 206-459-6392.
Law enforcement officers are trained to look for certain driving patterns that may indicate a driver is under the influence of alcohol and or drugs. According to the National Highway Traffic Safety Administration the three most common ways cops spot a DUI are; 1) wide turns, 2) straddling along the central marker between lanes, and 3) appearing to be drunk.
Officers must have a “reasonable cause” or a “reasonable suspicion” that a driver is violating the law in some manner to pull the driver over. Reasonable cause and reasonable suspicion have no precise definition but it must be something supported by a collection of facts, for example an officer could see a car swerving and that minor moving violation would be enough for a stop.
An officer cannot pull someone over because they may have a hunch that person is DUI, they also cannot randomly pull drivers over in hopes they will find an individual that is DUI.
How Cops Spot a DUI
Here is the complete list of impaired driving signs cops are looking for when searching for DUIs. The list, provided by the NHTSA, is in order from most common way a cop spots a DUI to least likely way.
Negotiating a wide turn
Straddling along the central marker between the lanes
Appearing to be drunk
Near misses or hitting either another vehicle or an object
Weaving between lanes
Driving off of designated highway
Swerving within the lane lines
Speeding over 10 mph above the designated speed limit
Questionable stops in traffic lanes
Driving over center marker between lanes
Driving against traffic
Delayed reaction to traffic signals
Inappropriate stopping or slowing
Illegal or unwarranted turns
Accelerating or slowing down quickly
Driving without headlights on
Interestingly enough, excessive speeding is not a sign of DUI. Speeding requires quick reflexes and strong judgment, traits that are usually typical of a sober individual. However if an individual is speeding and they also happen to be DUI, an officer would be able to investigate that individual for DUI even though they did not initially pull them over for DUI.
If you have any questions or comments regarding the above subject matter you can contact David at firstname.lastname@example.org.