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DUI
Defense
What Cops Look For
Police
departments throughout Maryland use guidelines set by the National Highway
Traffic Safety Administration (NHTSA)
to "detect"
drivers who exhibit certain effects or symptoms of impairment.
Listed below are the visual clue descriptions police use in making this
determination. Next to each clue, is a probability (out of 100) that
a driver exhibiting that clue is impaired. For example, the 65
for the first clue, Turning With Wide
Radius, means that chances are 65
out of 100 that a driver who makes a
wide turn is impaired. Each value shown is based on seeing only one
clue. If two or more clues are seen, add 10
to the highest value among the cues observed.
Note that under the NHTSA
guidelines, you need to drive practically in the center
of the lane at all times,
and never deviate from the exact center, or you will exhibit at least one
"clue" of impairment!
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65% |
| Turning
With Wide Radius |
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During
a turn, the radius defined by the distance between the turning
vehicle and the center of the turn is greater than normal. |
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65% |
Straddling
Center or Lane Marker
The vehicle is moving straight
ahead with the center or lane marker between the left-hand and
right-hand wheels.
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60% |
| Appearing
to be Drunk |
This clue is actually one or
more of a set of indicators related to the personal behavior
or appearance of the driver. Examples of specific
indicators might include:
Eye Fixation
Tightly gripping steering wheel
Slouching in the seat
Gesturing erratically or obscenely
Face close to the windshield
Drinking in the vehicle
Driver's head protruding from vehicle |
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60% |
Almost
Striking Object or Vehicle
The observed vehicle almost strikes a stationary object or another
moving vehicle. Examples include: passing abnormally close to
a sign, wall, building, or other object; passing abnormally close to
another moving vehicle; and causing another vehicle to maneuver to
avoid collision.
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60% |
| Weaving |
| Weaving
occurs when the vehicle alternately moves toward one side of
the roadway and then the other, creating zig-zag course.
The pattern of lateral movement is relatively regular as on
steering correction is closely followed by another. |
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55% |
Driving
on Other Than Designated Roadway
The vehicle is observed being driven on other than the roadway
designated for traffic movement. Examples include driving: at
the edge of the roadway, on the shoulder, off the roadway entirely,
and straight through turn-only lanes or areas.
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55% |
| Swerving |
| A
swerve is an abrupt turn away from a generally straight
course. Swerving might occur directly after a period of
drifting when the driver discovers the approach of traffic in
an oncoming lane or discovers that the vehicle is going off
the road; swerving might also occur as an abrupt turn is
executed to return the vehicle to the traffic lane. In
the illustration, a swerve was executed to return to a lane
after a period of drifting toward opposite traffic. |
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50% |
Speed
Slower than 10 MPH Below Limit
The observed vehicle is being driven at a speed that is more than 10
MPH below the speed limit.
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50% |
Stopping
Without Cause in Traffic Lane
The critical element in this cue is that there is no observable
justification for the vehicle to stop in the traffic lane; the stop
is not caused by traffic conditions, traffic signals, an emergency
situation, or related circumstances. Intoxicated drivers might
stop in lane where their capability to interpret information and
make decisions becomes severely impaired. As a consequence,
stopping (without cause) in the traffic lane is likely to occur at
intersections or other decision points.
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50% |
Following
Too Closely
The vehicle is observed following another vehicle while not
maintaining the legal minimum separation.
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50% |
Drifting
Drifting is a straight-line movement of the vehicle at a slight
angle to the roadway. As the driver approaches a marker or
boundary (lane marker, center line, edge of the roadway), the
direction of the drift might change. As shown in the
illustration, the vehicle drifts across the lane marker into another
lane, then the driver makes a correction and the vehicle drifts back
across the lane marker. Drifting might be observed within a
single lane, across lanes, across the center line, onto the
shoulder, and from lane to lane.
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45% |
Tires
on Center or Lane Marker
The left-hand set of tires of the observed vehicle is consistently
on the center line, or either set of tires is consistently on the
lane marker.
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45% |
Braking
Erratically
The driver of the observed vehicle breaks unnecessarily, maintains
pressure on the brake pedal ("riding brakes"), or brakes
in an uneven or jerky manner.
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45% |
| Driving
Into Opposing or Crossing Traffic |
| The vehicle is
observed heading into opposing or crossing traffic under one
or more of the following circumstances: driving in the
opposing lane; backing into traffic; failing to yield the
right-of-way; driving the wrong way on a one-way street.
The last circumstances is illustrated. |
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40% |
Slow
Response to Traffic Signals
The observed vehicle exhibits a longer than normal response to a
change in traffic signal. For example, the driver remains
stopped at the intersection for an abnormally long period of time
after the traffic signal has turned green.
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40% |
| Signaling
Inconsistent with Driving Actions |
| A number of possibilities exist
for the driver's signaling to be inconsistent with the
associated driving actions. This cue occurs when inconsistencies
such as the following are observed: failing to signal a turn
or lane change; signaling opposite to the turn or lane change
executed; signaling consistently with no accompanying driving
action; and driving with four-way hazard flashers on. |
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35% |
| Stopping
Inappropriately (Other Than in Traffic Lane) |
| The observed vehicle stops at
an inappropriate location under the conditions, other than in
the traffic lane. Examples include stopping: in a
prohibited zone; at a crosswalk; far short of an intersection;
on a walkway; across lanes; for a green traffic signal; or for
a flashing yellow traffic signal. |
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35% |
| Turning
Abruptly or Illegally |
| The
driver executes any turn that is abnormally abrupt or
illegal. Specific examples include: turning with
excessive speed; turning sharply from the wrong lane; making a
U-turn illegally; turning from outside a designated lane. |
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30% |
Accelerating
or Decelerating Rapidly
This cue encompasses any acceleration or deceleration that is
significantly more rapid than that required by the traffic
conditions. Rapid acceleration might be accompanied by
breaking traction; rapid deceleration might be accompanied by an
abrupt stop. Also a vehicle might alternately accelerate and
decelerate rapidly.
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30% |
Headlights
Off
The observed vehicle is being driven with both headlights off during
a period of the day when the use of headlights is required.
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