Driving Behavior and DUI Arrest in Virginia

Driving behavior is one of many factors the courts look at to determine probable cause for a DUI arrest in Virginia.  The National Highway Traffic Safety Administration (NHTSA) compiled a list of driving behaviors (or “cues”) that indicate a driver has a Blood Alcohol Content (BAC) higher than .08.  The more cues the driver exhibits, the more likely it is that he is impaired and under the influence of alcohol.

Other factors that are used to justify probable cause for a DUI arrest in Virginia include performance on field sobriety tests, Preliminary Breath Test (PBT) results, admissions to drinking, and an odor of alcohol, among others.  This post specifically discusses driving behaviors indicating impairment from alcohol.

For more information on field sobriety tests in Virginia, click here.  For more information on Preliminary Breath Tests (PBTs) in Virginia, click here.  For more general information on how police develop probable cause for a DUI arrest in Virginia, click here.  For more general information on DUI charges in Virginia, click here.

Driving Behavior and Probable Cause for DUI Arrest in Virginia

Problems Maintaining Proper Lane Position

Difficulty maintaining lane position can indicate to police officers that a driver may be under the influence of alcohol and therefore establish probable cause for a DUI arrest in Virginia.  Problems maintaining proper lane position include:

• Weaving within Lane
  • Car moves from one side of a lane to the other side
• Weaving Over Lane Lines
• Straddling Lane Lines 
• Swerving
  • Making an abrupt turn from a straight course
• Wide Turn or Drifting in Turn
• Drifting Within Lane
  • Driving straight in lane but at an angle
• Near Collisions
  • Almost hitting another car or object
  • Another car needs to move or change lanes to avoid impact with the driver

Speeding and Braking Problems

Erratic speed changes and problems with braking can also indicate impaired driving ability from alcohol.  The following behaviors related to speeding and braking problems can give an officer probable cause for a DUI arrest in Virginia:

• Braking Problems
  • Stopping too far from curb
  • Stopping at weird angles
  • Stopping short
  • Stopping past traffic line
  • Jerky or sudden stops
• Improper Changes in Speed
  • Speeding up for no reason
  • Slowing down for no reason
• Variation in Speed
• Driving Too Slowly
  • Usually more than 10 miles under the posted speed limit

Vigilance Problems

Vigilance involves paying attention and noticing changes in surroundings.  The following vigilance problems could lead to a DUI arrest in Virginia:

• Driving in Wrong Lane
  
• Slow Response to Traffic Signals
  
• Slow Response to Police Officer Signal
  
• Stopping in Lane for No Reason
  
• Driving Without Headlights at Night
• Improper Signaling
  • Failing to signal when making lane change
  • Failing to signal when turning
  • Signaling for a turn in one direction but turning the other

Judgment Problems

Alcohol can impair a driver’s judgment, leading to behavior that may endanger others on the road.  The following judgment problems can give an officer probable cause for a DUI arrest in Virginia:

• Following Another Vehicle Too Closely
• Making Unsafe Lane Changes 
• Improper Turns
• Driving off the Road
  • Driving at or on edge of the road
  • Driving completely off the road
  • Driving in turn only lanes
• Improper Stopping in Response to Police Signal
  • Sudden stops
  • Dangerous stops
• Unusual Behavior
  • Throwing something from car
  • Drinking in the car
  • Urinating on roadside
  • Arguing with another driver
  • Being disorderly
• Appearing Impaired
  • Gripping steering wheel tightly
  • Driving with face close to windshield
  • Slouching in seat
  • Staring straight ahead with eyes fixed

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tags: Admissions | Admissions to Drinking | Alcohol | Blood Alcohol Content | Driving Behavior | Erratic Driving Behavior | Field Sobriety Tests | NHTSA | Odor of Alcohol | PBT | Probable Cause | Probable Cause for DUI Arrest | Statements | Under the Influence | Under the Influence of Alcohol