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Reasons for a DUI Stop

 

Everyone is protected from unreasonable searches and seizures because of the 4th Amendment in the U.S. Constitution, which means the police can’t lawfully pull you over unless they either think you’ve committed a crime or are about to commit one. Because of this right, most DUI arrests don’t start out as DUI stops. A person is usually pulled over because of a reason that’s completely unrelated to drinking and driving.

 

Ways to get pulled over

 

The police are constantly on the lookout for traffic and motor vehicle violations. Some of these attention-getters are:

 

  • Speeding
  • Changing lanes without signaling
  • Running a red light or stop sign
  • Passing in a ‘no pass’ zone
  • Non-working headlight, tail light or brake light

 

After being pulled over for one of these offenses, your attitude, manner of speech, and balance (or lack thereof) can transform a routine traffic stop into a possible DUI charge.

 

Ways to get pulled over that aren’t your fault

 

While the 4th Amendment does usually protect against unlawful searches, certain exceptions have been made out of concern for public safety. These exceptions include:

 

  • Amber Alert – Missing and kidnapped children are a concern that weighs on everyone and the police do have the authority to stop you and search your car to search for a missing child during an amber alert.
  • Mistaken Identity – A car was just involved in a hit-and-run and it looks just like your car. The police aren’t doing anything wrong if they pull you over because your car happens to be similar to one that is involved in a crime.

 

Even if you’re pulled over because of something that isn’t your fault, the stop could result in a DUI arrest if your actions make the officer suspect that you’re driving while intoxicated.

 

NHTSA Guidelines

 

As mentioned earlier, a DUI arrest usually happens because of a traffic stop that isn’t related to suspicion of drunk driving, but there are clues that let the officer know when a DUI charge might be in your immediate future. The NHTSA (National Highway Traffic Safety Administration) has created a ‘DUI Detection Guide’ to help the police recognize signs of drunk driving. The guide consists of four sections that list twenty-four driving habits which could suggest impairment.

 

DUI Detection Guide, Section 1: Problems Maintaining Proper Lane Position

 

Any indication of having problems keeping the car in the correct lane falls under this section.

 

  • Weaving within the lane
  • Weaving in and out of another lane
  • Straddling the line between lanes
  • Swerving
  • Wide turns
  • Drifting on and off the shoulder
  • Almost hitting another vehicle or object;

 

DUI Detection Guide, Section 2: Speed and Braking Problems

 

This section covers any problems with maintaining the proper speed and problems with braking.

 

  • Stopping too far away from stop sign or red light or stopping with jerky motion
  • Speeding up or slowing down for no obvious reason
  • Failure to maintain consistent speed
  • Traveling below the posted speed limit by at least 10 M.P.H.

 

DUI Detection Guide, Section 3: Alertness Problems

 

Failure to pay attention to your environment and driving conditions can result in these driving habits.

 

  • Driving the wrong way down a one-way street
  • Slow response to red lights
  • Failing to respond or slow to respond to police lights and siren
  • Stopping in the middle of the road for no apparent reason
  • Driving without headlines on at night
  • Failing to use turn signal or signaling to turn in one direction and then turning in another.

 

DUI Detection Guide, Section 4: Judgment Problems

 

Having problems making the right decisions behind the wheel can lead the police to believe you’re impaired while driving.

 

  • Following another vehicle too closely, also known as tailgating
  • Unsafe lane changes
  • Illegal U-turns or making turns that are prohibited
  • Driving on the shoulder, sidewalk, or median
  • Pulling over in an incorrect or unsafe manner when signaled by police
  • Displaying belligerence or appearing impaired

 

Even if your driving habits exhibited one or more of these guidelines, it is not an automatic charge of DUI. The police must still follow procedure and conduct the proper tests to prove that you were driving under the influence.

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