Watch Your Driving – Officers Are Standing By

Law enforcement is specifically trained to watch out for certain driving behaviors that indicate impaired driving. The National Highway Traffic Safety Administration (NHTSA) conducted research, which has been adopted by law enforcement officers as scientifically valid information concerning the behaviors that are most predictive of impairment.

This NHTSA sponsored research led to the development of a DUI detection guide and training materials, including a training video. The NHTSA’s detection guide (used by police nationwide) describes a set of behaviors that officers use to detect motorists who are likely driving under the influence.

Thanks to the NHTSA’s detection guide, officers in every state are watching for suspicious driving and for driving patterns that look careless; for example, not fully stopping, failing to maintain a single lane of travel, or wide turns. The police use such erratic driving behaviors, or distinctive patterns as a basis for a police stop to check the driver’s sobriety.

Some driving behaviors that indicate impaired driving:

• Weaving
• Swerving
• Almost striking another vehicle or object
• Stopping problems
•  Driving too slow
• Driving without the headlights on at night
• Following too closely
• Turning with a wide radius

The NHTSA teaches the police that the above cues predict a driver is driving under the influence (DUI) at least 35% of the time. If an officer, however, observes weaving cues along with any other cue, the probability of DUI jumps to at least 65%. Further, some cues such as swerving, and accelerating for no apparent reason have a single-cue probability greater than 70%.

Police officers are taught that the probability of DUI increases substantially whenever a driver exhibits one or more of the above cues.

If you display any of the above patterns and a law enforcement officer is nearby, don’t be surprised if you are pulled over on suspicion of DUI because the police have received specialized training to keep an eye out for any of the aforementioned driving patterns.

Arrested for DUI in Miami? Contact me, Attorney Jonathan Blecher for a strong defense. Not only am I a former prosecutor, but I have more than 30 years of legal experience and have successfully defended over 3,000 DUI cases. Contact my office to schedule your free consultation!

Tampa Sherriff's Department Gave Legal Advice to DUI Suspects

My colleagues at the Sammis Law Firm in Tampa, Florida alerted me to this practice by the Hillsborough County (FL) Sheriff's Office. It appears that the sheriffs took on a new role as legal advisors for their arrestees by handing out this flyer.

While nothing in the flyer is wrong, it’s incomplete and does not explain to the arrestee all of their legal options and secondary ramifications of electing to waive a formal review of the license suspension. And since when are police authorized to deliver legal advice to their prisoners?

What's Missing from This Notice?

It says nothing about the downside to electing to waive the formal review hearing. Waiving the Formal Review Hearing will result in a suspension for 6 months for a breath test over .08% and one year for a first refusal to submit to a chemical test.

It says nothing about the fact that this suspension will appear on your Florida driving record and could affect employment and insurance coverage. Some companies will treat the suspension as if it were a DUI conviction (which it's not) and not renew coverage.

It says nothing about the right to a formal review hearing to contest the legality of the suspension and that obtaining the business permit right now will toss that right in the garbage.

What Do You Give Up?

The Formal Review Hearing is a valuable discovery tool. The Bureau of Administrative Reviews will let us copy their entire file of police reports and breath testing/refusal. This gets me a leg up on prosecutors who won't see these documents for weeks. I also get to subpoena and take sworn statements of the police officers involved affording us a great opportunity for impeachment at a later time.

Since When Are Police Allowed to Dispense Legal Advice?

When my clients ask the police at the breath testing facility if they should take the breath test, the police invariably advise that they can't offer an opinion or give them advice. They tell my clients that if they refuse, their license will be suspended, which is all the law requires of them.

If a paralegal in my office were to give specific and material advice to a client about a legal matter, they might be subject to laws relating to the unauthorized practice of law. In these cases, the police are an adverse party who should steer clear of any advice or acts which could affect valuable legal rights.

The History of DUI Laws in the United States – 1930 to 1960

The end of prohibition in 1933 brought alcohol back to American living rooms and restaurants. In addition, the gradual end of the Great Depression meant more average Americans were able to buy automobiles, often for the first time. This combination increased the number of alcohol-related accidents and re-focused America's attention on the problem of drinking and driving.

One of the most notable such accidents of that era involved best-selling author Margaret Mitchell, whose Civil War era novel, "Gone with the Wind" had earned her more than $1 million in royalties. Ms. Mitchell was crossing the street near her Atlanta home in 1949 when she was struck by an off-duty taxi driver motoring down the wrong side of the street. She died of her injuries several days later. The driver later admitted to having had several drinks.

Measuring Blood Alcohol Levels

The first DUI laws in the United States prohibited driving drunk, but left it up to the arresting officers to determine what "drunk" meant. It wasn't until 1938—more than 30 years after the first DUI laws were enacted--that legal blood alcohol levels were set. The first breathalyzer, called the "drunk o meter," was created by Indiana University professor Rolla N. Harger in 1931. This early, balloon-like device would change color if a person's breath contained alcohol. (The present-day breathalyzer test was invented in 1954 by an Indiana State Police Captain.)

This era also saw the American Medical Association get involved in drinking, driving and public safety. They created a Committee to Study Problems of Motor Vehicle Accidents in 1938. This committee was partially responsible for setting the legal blood alcohol level at .15 and below. Indiana took this information and enacted the first Blood Alcohol Content (BAC) law in 1939.

As the "Mad Men" era of the 1950s and 1960s ended and with it much of the "glamor" of excessive drinking, organizations like MADD and SADD began to have political clout. In addition, DUI laws began to become more stringent as public opinion shifted to favor such laws. In our next post, we'll look at how DUI laws changed from 1960 to 1990.

This is the second post of a four-part series on the history of DUI laws in the United States and their enforcement. Last time, we talked about how DUI laws began in this country. We hope you'll visit again over the next few weeks as we discuss how DUI laws in the United States have evolved over the past decades.

Can someone be guilty of drunk driving in if they only had one drink?

Florida law no longer uses the term "drunk driving". If a person is driving with an unlawful blood/breath alcohol level over .08% they are presumed to be impaired by alcohol, and thus being "drunk" is not an issue. Additionally, if a person is driving under the influence of alcohol or a controlled/chemical substance to the extent that their normal faculties are impaired, they too could be convicted of DUI. So, there are really two ways to be convicted of DUI in Florida.

Generally, one drink will not yield a breath test result over a .08%, unless the drink was a 20 oz. Long Island Iced Tea (5 shots of liquor). However, every person has different levels of tolerance to alcohol. In that regard, while the breath test result won't be over the legal limit, the person's normal faculties may still be "impaired" by alcohol.

If you've been arrested for DUI, then you need to call my firm for tough representation.