Our client was driving home from a friend's house when a police officer noticed his Ford Ranger seemed to be driving below the speed limit. The officer performed a radar check and our client was driving only 1 mile below the limit of 45mph. Regardless of the fact our client was driving within the speed limit, the officer decided to follow his pickup truck. The officer felt the driver almost ran through a light as is changed from yellow to red. When the vehicle proceeded to travel, the officer paced the pickup at 25 mph in a posted 35 mph zone. He felt the truck was drifting from side to side and based upon these facts decided to pull the driver over and conduct a traffic stop.
Upon making contact with the driver, the officer noticed the driver's eyes were bloodshot, his speech was slurred and his face was flushed. The officer asked the driver to submit to sobriety testing, which he did. The driver also submitted to a breath test, with results of .137 and .128. A search of the vehicle revealed a pouch containing marijuana. Our client was charged with Driving Under the Influence (Fla. Statute 316.193), Possession of Marijuana (Fla. Statute 893.13), and Possession of Paraphernalia (Fla. Statute 893.147).
Tampa DUI attorneys at Musca Law recognize that most police officers have been trained on recognizing driving patterns that indicate the relative probability of intoxication. This training is based upon research conducted by the federal National Highway Traffic Safety Administration
- Turning with Wide Radius 65%
- Straddling Center or Lane Marker 65%
- Appearing to be Drunk 60%
- Almost Striking Object or Vehicle 60%
- Weaving 60%
- Driving on Other Than Designated Roadway 55%
- Swerving 55%
- Slow Speed (more than 10 miles per hour below limit) 50%
- Stopping (without cause) in Traffic Lane 50%
- Drifting 50%
- Following too closely 45%
- Tires on Center or Lane Marker 45%
- Braking Erratically 45%
- Driving Into Opposing or Crossing Traffic 45%
- Signaling Inconsistent with Driving Actions 40%
- Stopping Inappropriately (other than in lane) 35%
- Turning Abruptly or Illegally 35%
- Accelerating or Decelerating Rapidly 30%
- Headlights Off 30%
The information NHTSA provides, indicates that symptoms are usually seen in a combination and the chances of a driver being intoxicated when multiple symptoms are observed can also be calculated. "When two or more cues are seen, add 10 to the highest value among the cues observed." For example, if the subject is observed to be swerving (55%) and braking erratically (45%), there are 65 chances out of 100 that his blood-alcohol level is above the legal limit.
In situations like the one our client faced, the officer had already formulated the suspicion of a possible DUI and expected to see an inebriated person behind the wheel. Bloodshot eyes from fatigue, alcohol on the breath from a single drink, or nervous fumbling is seen as further evidence of intoxication.
Our experienced DUI defense attorneys challenged the evidence against our client, including the probable cause for the initial stop and the admissibility of the breath test results. Upon contacting the State Attorney's Office and presenting an aggressive legal defense, the DUI charge was reduced to Reckless Driving, with a Withhold of Adjudication. Our client did not get convicted, his license was not suspended, and he did not have 4 points assessed to his driver's license.
