Determining Reasonable Suspicion and Probable Cause
When police officers pull over a driver, there are some commonly recognized driving behaviors they may cite as reasons for further investigation. Depending on the time of day and whether or not it is a holiday, police may be prone to check less common indicators of intoxication. However, once pulled over, an officer uses a fairly standard set of procedures in determining the next course of action, generally based on the driver’s on-road behavior.
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Indicators and Rates of Suspicion
The National Highway Traffic Safety Administration issues a basic training chart to help police officers recognize the most common signs of drunk driving. These training materials also assign a percentage figure to inform officers of the probability that the driver in question is intoxicated. Officers may pull over suspected drivers and even arrest them based on these numbers. Some of the following indicators may be used to measure intoxication on the road:
- Headlights off at night: 30% probability
- Driving into oncoming traffic: 45% probability
- Tailgating: 45% probability
- Drifting between lanes: 50% probability
- Driving at least 10 miles-per-hour under the speed limit: 50% probability
- Weaving between lanes: 60% probability
- Nearly hitting another vehicle or a traffic object: 60% probability
According to these and other qualifying judgments, anything above 25% is considered grounds for reasonable suspicion, allowing police officers to pull over drivers. Anything above 50% is considered probable cause for drunk or drugged driving, allowing police officers to arrest a suspect and conduct further testing.
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If you have been charged with DUI, the consequences can be far-reaching. To learn more about your rights and options as a defendant, contact the Seattle DUI attorneys of the Cowan Kirk Gaston Law Firm by calling 1-866-822-1230 today.
