California DUI Attorney

How Officers Decide You’re Under the Influence

If you’ve been charged with DUI, you may have wondered what made the officer decide to pull you over. Officers receive special training to help them determine who might be driving under the influence, based largely on findings by the NHTSA. They are taught that certain behaviors are indicators that a driver may be under the influence. If you’ve enlisted the services of a California DUI attorney, he’ll probably explain to you that other factors can explain these behaviors, and that an officer’s interpretation of these behaviors can be quite subjective.

So what are the officer’s looking for? Here’s a list of the behaviors that the NHTSA says are warning signs:

• Weaving
• Swerving
• Turning with a wide radius
• Stopping beyond a limit line
• Drifting
• Turning illegally
• Signaling inconsistent with driving actions
• Driving on other than the designated roadway
• Driving into opposing or crossing traffic
• Appearing impaired

If you’re reading this list and thinking “But I’ve done many of those things when I was completely sober,” you’re not alone. There are numerous possible causes for any of the above behaviors. While officers are trained to look for some combination of these actions when deciding whether a driver is intoxicated or not, there are often mitigating circumstances that the officer has no knowledge of. If you know of possible causes of these behaviors, be sure to discuss them with your California DUI attorney, as this could be critical information for your case.

Once you’ve been pulled over, officers are still looking for signs of intoxication. The smell of alcohol on your breath, fumbling with your license and registration, or exhibiting difficulty in using your car’s controls could further confirm the officer’s suspicions. Failure to communicate clearly, such as slurred speech or repeatedly asking the same questions can also be read as indications that you are under the influence.

Again, there are often other explanations for these actions. Talk with your California DUI attorney to discuss any other circumstances that may have been misinterpreted by the arresting officer.

Call (949) 497-1729 for a free consultation.