What do police officers look for when searching for drunk drivers on the Highways?

The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated. The list is from research conducted by the National Highway Traffic And Safety Administration:

• Turning with a wide radius
• Straddling center of lane marker
• “Appearing to be drunk”
• Almost striking object or vehicle
• Weaving
• Driving on other than designated highway
• Swerving
• Speed more than 10 mph below limit
• Stopping without cause in traffic lane
• Following too closely
• Drifting
• Tires on center or lane marker
• Braking erratically
• Driving into opposing or crossing traffic
• Signaling inconsistent with driving actions
• Slow response to traffic signals
• Stopping inappropriately (other than in lane)
• Turning abruptly or illegally
• Accelerating or decelerating rapidly
• Headlights off/ interior lights on

Speeding, incidentally, is not a symptom of DUI; because of quicker judgment and reflexes, it may indicate sobriety.

If you are stopped in New York State by the police, and you are impaired/intoxicated by alcohol or drugs… you should:

• Invoke your right to remain silent – do not answer any questions other than ID!
• Refuse to perform any “Field Sobriety Tests”*
• Do not let an officer “check your eyes” or do an “eye test”
• Demand an immediate phone call to your attorney
• Submit to a breath, blood, or urine test pursuant to Implied Consent Laws**
• Be aware that refusing to allow an officer to administer a preliminary breath test (the handlheld Alco-Sensor) at the site of the car stop is a violation of vehicle and traffic law
• Demand to be released for an Independent Blood Test
• Above all else- Don’t Trust the Police!
• If arrested do not fill out any forms except other than property receipt
• Do not answer questions regarding diet, or current medications or origin/destination

Always be polite and produce your license/registration insurance documents upon request.

This page has general recommendations and cannot be construed to be legal advice. Each situation has its own set of facts and circumstances . Please call our office and consult with an attorney.

Toll free 800-HaroldDee (800-427-6533)

* Refusal to perform field sobriety tests is not a traffic violation and all things considered is the better alternative. Only you know if you have consumed alcohol and whether you may be impaired or intoxicated.

** This is a difficult question to answer, conviction for a refusal is a minimum twelve (12) months revocation of all driving privileges. Reinstatement requires payment of a five hundred ($750.00) dollar civil penalty. Certainly, if there is a vehicular homicide or serious physical injury (blood) or if one has a prior DWI/DWAI/DUI history, I would suggest not giving a Breath/Blood/Urine sample. You in effect would be a witness against yourself. A refusal is admissible at any trial of the matter.