These questions are from both types of people; those just arrested and those with older DUI
conviction records.
1. What do police officers look for when searching for drunk
drivers on the highways?
The following is a list of symptoms in descending order of probability
that the person observed is driving under the influence. The list is
based upon research conducted by the National Highway Traffic
Administration:
. Turning with a wide radius
. Straddling center of lane marker
. "Appearing to be drunk"
. Almost striking object or vehicle
. Weaving
. Driving on other than designated highway
. Swerving
. Speed more than 10 mph below limit
. Stopping without cause in traffic lane
. Following too closely
. Drifting
. Tires on center or lane marker
. Braking erratically
. Driving into opposing or crossing traffic
. Signaling inconsistent with driving actions
. Slow response to traffic signals
. Stopping inappropriately (other than in lane)
. Turning abruptly or illegally
. Accelerating or decelerating rapidly
. Headlights off
NOTE: Speeding is not a symptom of DUI; because of quicker
judgment and reflexes, it may indicate sobriety.
2. If I'm stopped by a police officer and he asks if I've been
drinking, what's the best response? Meaning what should I say
(regardless of whether I've been drinking or not?)
You are not required to answer potentially incriminating questions. A
polite "I would like to speak with an attorney before I answer any
questions" is normally a very good reply. On the other hand, saying
that you had one or two beers is not incriminating: it is not sufficient
to cause intoxication -- and it may explain the odor of alcohol on the
breath. So based on your circumstances either of those answers will
suffice.
3. Do I have a right to an attorney when I'm stopped by an
officer and asked to take a field sobriety test?
The law on this varies from state to state. As a general rule, however,
there is no right to an attorney until you have submitted to (or
refused) blood, breath or urine testing. In some states, there is a right
to consult with counsel upon being arrested or before deciding whether
to submit to chemical testing. Of course, this does not mean that you
cannot ask for one.
Bottom line is that you can ask but you may not be allowed that right
until after you are arrested. At the very least you can ask the officer
to include your request in his police report.
4. What is the officer looking for during the initial detention at
the scene?
The traditional symptoms of intoxication taught at the police
academies are:
. Flushed face
. Red, watery, glassy and/or bloodshot eyes
. Odor of alcohol on breath
. Slurred speech
. Fumbling with wallet trying to get license
. Failure to comprehend the officer's questions
. Staggering when exiting vehicle
. Swaying/instability on feet
. Leaning on car for support
. Combative, argumentative, jovial or other "inappropriate" attitude
. Soiled, rumpled, disorderly clothing
. Stumbling while walking
. Disorientation as to time and place
. Inability to follow directions
5. What should I do if I'm asked to take field sobriety tests?
There are a wide range of field sobriety tests (FSTs), including heel-totoe,
finger-to-nose, one-leg stand, alphabet recitation, modified
position of attention, fingers-to-thumb, hand pat, etc. Most officers will
use a set battery of three to five such tests. Unlike the chemical test,
where refusal to submit may have serious consequences, you are not
legally required to take any FSTs. The reality is that officers have
usually made up their minds to arrest when they give the FSTs; the
tests are simply additional evidence which the suspect inevitably
"fails"; Thus, in most cases a polite refusal may be appropriate.
6. Why did the officer make me follow a penlight with my eyes
to the left and right?
This is the "horizontal gaze nystagmus" test, a relatively recent
development in DUI investigation. The officer attempts to estimate the
angle at which the eye begins to jerk ("nystagmus" is medical jargon
for eye jerking); if this occurs sooner than 45 degrees, it theoretically
indicates an excessive blood-alcohol concentration. The smoothness of
the eye's tracking the penlight (or finger or pencil) is also a factor, as
is the jerking when the eye is as far to the side as it can go. This field
sobriety test has proven to be subject to a number of different
problems, not the least of which is the non-medically trained officer's
ability to recognize nystagmus and estimate the angle of onset.
Because of this, and the fact that the test is not accepted by the
medical community, it is not admissible as evidence in many states; it
continues, however, to be widely used by law enforcement.
Author Resource:-
For more info visit http://www.drunkdrivinginjurieslawyers.com/
Learn how to clear your DUI and how to find a DUI Lawyer in your area
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