Posted by Jim Yeargan in on May 28, 2014
DUI Driving Manifestations
Now let’s talk about how officers and prosecutors try to detect and prosecute impaired drivers. Police officers are trained to look for certain signs when they are detecting potentially impaired drivers. The National Highway Traffic Safety Administration (NHTSA) published a list of signals to look for when detecting impaired drivers. These are known as DUI driving manifestations. Following is list of DUI driving manifestations, along with the probability that a driver committing each offense is intoxicated.
|Turning with wide radius||over 50%|
|Straddling center or lane marker||65%|
|Appearing to be drunk||60%|
|Almost striking object or vehicle||60%|
|Driving on other than designated roadway||55%|
|Slow speed (more than 10 mph below limit)||50%|
|Stopping (without cause) in traffic lane||50%|
|Following too closely||45%|
|Tires on center or land marker||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%|
Speeding is missing from the list, even though it is a major reason for many DUI stops, because it requires more reaction time, braking distance, and physical control than driving a car at a regular speed—all of which are slowed by the presence of alcohol.
If your DUI arrest was the result of being stopped at a roadblock, then the arresting officer and prosecutor lack any impaired driving signs to use against you in court. This is a huge benefit to your case because the prosecution is now missing a major piece of evidence that they commonly rely on to secure convictions.
No matter why you were stopped for a DUI, it is important that you and your attorney understand how the underlying charges can affect the overall outcome of your case.