DUI Investigation Stage One

NHTSA Stage One of the Ohio DUI/OVI Investigation—Vehicle in Motion

The Ohio Police Officers, Sheriff’s Deputies and State Highway Patrolmen initially observe a vehicle in operation to note any initial cues of a possible DUI/OVI violation. The National Highway Traffic and Safety Administration (NHTSA) advises that the first task when observing a vehicle in motion, begins when the officer first notices the vehicle, driver or both. The officer’s attention may be drawn to the vehicle by such things as:

• A Moving Traffic Violation
• An Equipment Violation
• An Expired Registration or Inspection Sticker
• Evidence of Drinking or Drugs in the Vehicle

At this point, NHTSA instructs Ohio DUI/OVI officers to decide whether there is sufficient cause to stop the vehicle, either to conduct further investigation to determine if the suspect may be impaired, or for a witnessed traffic violation. Once the officer initially observes a vehicle or driver committing a violation, he has three options: (1) stop the vehicle immediately; (b) continue to observe the vehicle; or (c) disregard the vehicle.

The National Highway Traffic and Safety Administration (NHTSA) has reported that there are many driving cues which may be used by Ohio police officers to predict that a suspected DUI/OVI driver’s BAC is over the legal limit. The top 24 cues are as follows:

• Weaving Within a Lane
• Weaving Across Lane Lines
• Straddling a Lane Line
• Swerving
• Turning with Wide Radius
• Drifting
• Almost Striking an Object or Vehicle
• Stopping Problems (too far, too short, too jerky)
• Accelerating or Decelerating Rapidly
• Varying Speed
• Slow Speed
• Driving in Opposing Lanes or Wrong Way on a One-Way Street
• Slow Response to Traffic Signals
• Slow or Failure to Respond to Officer’s Signals
• Stopping in Lane for No Apparent Reason
• Driving Without Headlights at Night
• Failure to Signal or Signal Inconsistent with Actions
• Following Too Closely
• Improper or Unsafe Lane Change
• Illegal or Improper Turn
• Driving on Other Than Designated Roadway
• Stopping Inappropriately in Response to Officer
• Inappropriate or Unusual Behavior
• Appearing to be Impaired

NHTSA instructs officers to concentrate on gathering all relevant evidence that may suggest impairment but cautions against committing to a DUI/OVI arrest based upon their initial observations in Stage One. The second step in Stage One is to observe the manner in which the suspected DUI/OVI driver responds to the signal to stop, and to note any additional evidence of an DUI/OVI violation. NHTSA advises officers to look for cues in the driver’s stopping sequence. These cues include:

• An Attempt to Flee
• No Response
• Slow Response
• An Abrupt Swerve
• Sudden Stop
• Striking the Curb or Another Object

NHTSA further instructs officers to observe possible indications of intoxication related to the personal behavior or appearance of the driver. Examples of specific indicators include:

• Eye Fixation
• Tightly Gripping the Steering Wheel
• Slouching in the Seat
• Gesturing Erratically or Obscenely
• Face Close to the Windshield
• Driver’s Head Protruding from Vehicle

Finally, NHTSA instructs officers to look for the following post-stop cues in this first stage of their investigation:

• Difficulty with Motor Vehicle Controls
• Difficult Exiting the Vehicle
• Fumbling with the Driver’s License or Registration
• Repeating Questions or Comments
• Swaying, Unsteady or Balance Problems
• Leaning on the Vehicle or Other Object
• Slurred Speech
• Slow to Respond to Officer/Officer Must Repeat Instructions
• Provides Incorrect Information to Officer or Changes Answers
• Odor of Alcoholic Beverage Coming from the Driver

Common Mistakes in Ohio DUI/OVI Investigations

No Ohio DUI/OVI/drinking and driving arrest is perfect and the best Ohio DUI/OVI lawyers knows 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. Further, most Ohio DUI/OVI investigations include a breath testing device or other testing equipment that is not always maintained according to current Ohio DUI/OVI regulations.

Do You Want Award-Winning Ohio DUI/OVI Representation?

There are over 1 million laws in the United States. I am a top Ohio DUI/OVI defense lawyer who devotes his entire practice to ONE. Because of my experience and concentrated focus, I know the Ohio DUI/OVI laws better than most attorneys in the state. I am passionate about Ohio DUI/OVI defense and I get results, however, I only accept a limited number of clients. If you’re serious about your case and want a top Ohio DUI/OVI lawyer on your team, call me, the Ohio DUI Dude at 1-844-DUI-DUDE.