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The
Traffic Stop
No one suspects they will ever be arrested for
Driving Under the Influence. Everyone sees the
local evening news broadcasting another story of
an impaired driver causing a fatal accident.
Our natural reactions are anger, disdain and
sorrow. Again, you affirm it is impossible for
you to be arrested for Driving Under the
Influence.
The signs are posted on our highways that the
legal limit is .08. When you motor past these
signs you affirm you will never be arrested for
Driving Under the Influence. Do actually you
know when you have reached .08? A majority of
the
Kennedy &
Berner, LLP
clients never suspected they were over the
limit. The average age of the typical DUI
client ranges from 17 to 75. Over 85% have
never been arrested.
Imagine dining with friends at the local
steakhouse and you are looking forward to a
relaxing evening. You start with appetizers,
some wine and delve into a delightful
conversation. Dinner arrives and a friend
graciously fills your glass with another round.
The gathering lasts for a couple of hours and it
is time to head home. You feel just fine, and
you only consumed two glasses of wine.
As you pull onto the roadway a police officer is
across the street in a dark parking lot. You do
not realize the
National Highway Traffic Safety Administration
(NHTSA) produced a study on detecting impaired
drivers at night. You are also unaware that
studies from NHTSA are incorporated into law
enforcement training. Below are a few
observations the police officer is looking for
as you drive home from dinner. The study
represents that "the chances are 65 out of 100"
that a driver who is turning with a wide radius
has a blood-alcohol concentration of .08 percent
or higher.
|
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 |
Many of the factors seem obvious: almost causing
an accident, or appearing drunk. Some factors
occur all the time. Have you drifted toward a
lane divider on a curvy road? Have you made a
turn without signaling? You had better not make
a cell phone call on the way home. Any simple
distraction could cause one of the factors
above.
When the emergency lights come on you panic, and
become quite nervous. The last thing you need
is a speeding ticket. You know for certain you
are not drunk. You only had two glasses of
wine. But how many ounces of wine were in each
glass? The rule is one 5 ounce glass of table
wine per hour. Did your friend pour in more
than 5 ounces? What was the alcohol content of
the wine? How does your body absorb and process
alcohol? Does your daily allergy medication
increase the affects of the alcohol you
consumed?
The officer smells an odor of intoxicants and
being honest you admit you had, “two glasses of
wine.” Now the officer politely requests you
step out of the vehicle and join him for the
field sobriety tests. You cringe and wonder
what the .08 limit really means. Fear and grave
concern fill your mind as you exit your vehicle.
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