- April 9, 2018 |
- Category: DUI and Courtroom Process
The typical Ohio DUI investigation involves three separate and distinct phases:
- Phase One: Vehicle in motion
- Phase Two: Personal contact
- Phase Three: Pre-arrest screening
In Phase One, the law enforcement officer usually observes the driver operating the vehicle. In Phase Two, after the officer has stopped the vehicle, there usually is an opportunity for the officer to observe and speak with the driver directly. In Phase Three, the officer typically has an opportunity to administer Standard Field Sobriety Tests to the driver to determine impairment. The focus of this article is Phase One, vehicle in motion.
The officer’s first task in phase one is to observe the vehicle in operation looking for any initial cues of a possible DUI violation. During this task, the officer must decide whether there is reasonable suspicion to stop the vehicle, either to conduct further investigation to determine if the driver may be impaired, or for the commission of another traffic violation. The officer is instructed to gather all relevant evidence that may suggest driver impairment.
The officer’s second task is to observe the manner in which the driver responds to his signal to stop. Once the officer turns his lights on, he must closely observe the driver’s actions and vehicle maneuvers during the stopping sequence. Sometimes, significant evidence of impairment is demonstrated during the stopping sequence. In some cases, the stopping sequence might produce the first suspicion of DUI. It’s not surprising that some drivers impaired by alcohol or drugs may respond in an unexpected and sometimes dangerous way to the sight of police lights behind him.
During both of the aforementioned tasks, (a) observation of vehicle in motion; and (b) stopping sequence, the officer is trained to look for evidence of drinking or drug use. If these initial observations disclose vehicle maneuvers or human behaviors that may be associated with impairment, the officer may develop an initial suspicion of drinking and driving, even before any direct interaction with the driver.
Drivers who are impaired frequently exhibit certain effects or symptoms of impairment. These include: (a) slowed reactions; (b) impaired judgment demonstrated by risky behavior; (c) impaired vision; and (d) diminished coordination. The normal effects of alcohol on a driver’s mental and physical faculties reportedly lead to predictable driving violations and vehicle operating characteristics. The National Highway Traffic Safety Administration (NHTSA) conducted a study to identify the most common and reliable initial indicators of DUI.
This research identified 24 cues, each with an associated high probability that the driver exhibiting the cue is impaired. Following are the cues: (1) Weaving; (2) Weaving across lane lines; (3) Drifting; (4) Straddling a lane line; (5) Swerving; (6) Almost striking object or vehicle; (7) Turning with a wide radius; (8) Stopping problems; (9) Unnecessary acceleration or deceleration; (10) Varying speed; (11) Driving 10 mph or more under the speed limit; (12) Driving without headlights at night; (13) Failure to signal or signal inconsistent with action; (14) Driving in opposing lanes or the wrong way on a one way street; (15) Slow response to traffic signals; (16) Slow or failure to respond to officer’s signals; (17) Stopping in lane for no apparent reason; (18) Following another vehicle too closely (tailgating); (19) Improper or unsafe lane change; (20) Illegal or improper turn; (21) Driving on other than designated roadway; (22) Stopping inappropriately in response to officer; (23) Inappropriate or unusual behavior (throwing objects, arguing, etc.); (24) Appearing to be impaired.
After the officer initiates the traffic stop by turning on his lights, the alcohol impaired driver may exhibit additional important evidence of DUI. Some of these cues are exhibited because the stop command places additional demands on the driver’s ability to divide attention. The officer’s signal to stop creates a new situation to which the driver must devote some attention. An officer’s signal to stop requires the driver to turn the steering wheel, operate the brake pedal, activate a turn signal and stop the vehicle. In summary, as soon as officer gives the stop command, the driver’s task becomes more complex. If the driver is under the influence, he may not be able to handle this more complex driving very well.
The foregoing is but the tip of the iceberg when it comes to DUI detection and enforcement in Ohio. My next article will address the second phase of DUI detection: the personal contact between the officer and driver.
No Ohio DUI/OVI arrest is perfect and the best Ohio DUI/OVI lawyers know this. Most Ohio DUI/OVI investigations include a number of witnesses, including police officers and the personnel who collect, store and test chemical samples. These witnesses are human and they make mistakes.
There are over a million laws in the United States and thousands in the state of Ohio alone. I am a top Ohio DUI lawyer who focuses his entire practice on just one. Because of my considerable experience and concentrated practice, I understand the Ohio DUI/OVI laws better than most attorneys in the state. I am passionate about Ohio DUI/OVI defense and I get results. If you have an Ohio DUI case and want a top Ohio DUI/OVI lawyer to represent you, please give me a call.
