Drunk Driving Defense and Common Indicators

Drunk Driving in Long Beach is treated very seriously by the District Attorney and
City Attorney Thomas Reeves.  Because of the popularity of tourism in Long
Beach, the police want to send a message that it is safe to visit the city and that
tourists can feel comfortable in knowing that they can walk the streets near Pine
avenue, the Pike and other popular destinations and not be hit by a drunk driver.  
As a local Long Beach DUI and drunk driving defense lawyer, I have seen many
examples of vigorous prosecution for driving under the influence cases.  With
over 15 years experience I can often deal directly with the prosecutors and the
Court in reaching a favorable resolution to a drunk driving criminal charge.  Many
of the people arrested for drunk driving in Long Beach are from outside the area
and in that regard, as a local attorney, I can go to Court for them and work
towards clearing or dropping the DUI charges.

In my experience as a Lawyer, the police will look for certain tell tale signs in
order to justify a vehicle stop and detention for suspected DUI.  Research by the
National Highway Transportation Safety Administration has identified the
following indicators of drunk driving, in descending order of probability that the
driver is intoxicated [percentages indicate the chances out of 100 that a driver
exhibiting the behavior is intoxicated]:

(i) Turning the car with a wide radius [65%]
(ii) Straddling the center or a lane line or marker [65%]
(iii) Appearing to be drunk or visibly intoxicated (e.g. gripping the steering wheel tightly,
driving with one's face close to the windshield, slouching in the seat, drinking in the
vehicle, or staring straight ahead with eyes fixed) [60%]
(iv) Almost striking a fixed roadside object or vehicle [60%]
(v) Weaving within or outside a lane of travel [60%]
(vi) Driving the vehicle somewhere other than the designated roadway (e.g. on the
shoulder or straight through a turn-only lane) [55%]
(vii) Swerving in a sudden fashion[55%]
(viii) Driving at a Slow speed (10 m.p.h. or more below the speed limit) [50%]
(ix) Stopping the car in the  lane without cause [50%]
(x) Following another vehicle too closely [50%]
(xi) Drifting in and out of the lane [50%]
(xii) Tires traveling on center or lane marker [45%]
(xiii) Braking suddenly or erratically [45%]
(xiv) Driving into opposing or crossing traffic [45%]
(xv) Signaling a turn inconsistent with driving actions [40%]
(xvi) Stopping inappropriately other than in lane [35%]
(xvii) Slow response to green lights or other traffic signals [40%]
(xviii) Turning abruptly or illegally [35%]
(xix) Accelerating or decelerating rapidly [35%]
(xx) Headlights off at night, (for example when leaving a bar) [30%]

Of course, if more than one indicator is observed, it is even more likely that the
driver is intoxicated (add 10% to the highest value among the indicators
observed). Note that speeding is not an indicator of DUI; because of quicker
judgment and reflexes, in some circumstances it may indicate sobriety. Once a
stop is made, the Long Beach officer should look for the following behaviors by
the driver, as NHTSA has found them to be excellent predictors of DUI:

(i) Difficulty with vehicle controls;
(ii) Difficulty exiting vehicle;
(iii) Fumbling with a drivers license or registration;
(iv) Repeating questions or comments to the officer;
(v) Swaying, unsteadiness or balance problems while speaking to the police officer;
(vi) Leaning on the vehicle (or other object);
(vii) Slurred, thick or drunken speech;
(viii) Slowness in responding to questions, or asking officer to repeat questions;
(ix) Providing incorrect information or changing answers;
(x) Odor of an alcoholic beverage.

Our Long Beach Lawyers and San Pedro DUI Attorneys can provide the latest legal
defenses and advice on how to avoid a Drunk Driving conviction.
Exclusively Criminal Law
444 West Ocean Avenue
Long Beach CA 90802
Criminal Defense Lawyer in Long Beach California