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How Drunk Driving Investigations Start: Understanding the Law
Drunk driving investigations start with a lawful reason for law enforcement to make contact with a person. This might be because they notice a traffic violation or because they observe signs of impaired driving. However, law enforcement must comply with state and federal law when initiating contact with the public.
There are many lawful reasons that law enforcement can stop a vehicle. They can stop a driver for breaking any traffic law, even the most basic violations. For example, failing to signal, running a stop sign, or driving without beams are all valid reasons for law enforcement to make contact with a driver.
In addition to a traffic violation, law enforcement must have reasonable suspicion that criminal activity is afoot. They don’t have to be sure that a person has broken a law, but it has to look that way. This is how many drunk driving investigations start. Law enforcement looks for a traffic violation, like running a stop sign, and then notice signs of impairment.
The National Highway Traffic Safety Administration (NHTSA) is a national organization that studies driving and issues safety recommendations. According to NHTSA, there are certain signs that experts believe show evidence of driving impairment. These signs include weaving in and out of traffic, straddling the center line or hugging the corner, driving far under the speed limit, and speeding up and slowing down frequently.
NHTSA has not found a correlation between excessive speed and drunk driving. If law enforcement stops a driver for speeding and then detects bloodshot eyes and other signs of intoxication, they can change their investigation. However, if a driver travels more than 100 miles per hour while intoxicated in Los Angeles, they can face enhanced charges. This can result in a mandatory sixty-day jail term under California Law 23582 VC.
If you’re facing a DUI charge, it’s important to work with a DUI attorney to evaluate the case. An experienced attorney can help you evaluate all of your options and prepare your defense. They can also help you fight the charges if law enforcement stopped you improperly. Don’t wait to speak with a DUI attorney if you’re facing a drunk driving charge. Your future is at stake, and an attorney can help you protect it.
| Reasons for Lawful Police Stop | Signs of Impaired Driving |
| Drivers who violate traffic laws, such as failing to signal, running a stop sign, or driving without beams. | Weaving in and out of traffic, straddling the center line or hugging the corner, driving far under the speed limit, and speeding up and slowing down frequently. |
| Observation of reasonable suspicion that criminal activity is afoot. |
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