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Understanding the Clues Officers look for when pulling Someone Over for a DUI in San Diego
The National Highway Traffic Safety Administration (NHTSA) have developed standards for local police to consider in determining whether a driver may have a BAC above a .08%
Local police in San Diego will pay special attention to various factors that suggest a high probability of impaired driving to make a valid DUI arrest when:
- Turning with a wide radius: the distance between the turning vehicle and the center of the turn is greater than normal.
- Straddling center or lane marker: vehicle is moving straight ahead with the center or lane marker between the left and right wheels.
- Appearing to be drunk: eye fixation, tightly griping wheel, slouching in seat, erratic or obscene gestures, face close to windshield, drinking in the vehicle, driver’s head protruding from the vehicle.
- Almost striking object or vehicle: passing abnormally close to an object or vehicle, causing another vehicle to maneuver to avoid collision.
- Weaving: moving from one side of the roadway to the other in a zig-zag course.
- Driving on other than designated roadway: driving at the edge of roadway, on the shoulder, off the roadway, straight through turn-only lanes.
- Swerving: an abrupt turn from a straight course.
- Speed slower than 10 m.p.h. below limit
- Stopping without cause in traffic lane; stopping without observable justification
- Tires on center or lane marker; the left hand set of tires is “consistently” on the center line, or either set is “consistently” on the lane marker.
- Driving into opposing or crossing traffic: driving into opposing lane, backing into traffic, failing to yield the right of way, driving the wrong way on a one-way street.
Majority of the time a vehicle is pulled over in San Diego and the driver is arrested for a DUI when he or she fails to yield i.e. stop sign! Many DUI arrests occur based on a driver’s failure to yield. NHTSA has estimated this act constitutes the highest probability of impaired driving versus any other clue.
If you have questions about the validity of the stop in your San Diego DUI case, contact an experienced San Diego DUI defense attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Lawyer
