Random Stopping for DUI

An approach to finding impaired drivers is random stopping and assessment of every driver using the road at times and locations where drinking and driving is common. In this procedure, drivers are stopped at random and the officer conducts a brief interview at the driver's window to determine whether there is evidence of drinking. If such evidence is detected, the driver is invited out of the vehicle for further observation.

In the USA, the Fourth Amendment to the US Constitution precludes random stopping except in structured checkpoint operations. However, even in such operations, the Fourth Amendment is currently interpreted as precluding mandatory breath testing of all individuals stopped. Therefore, a behavioral element is a part of the decision-making process at American checkpoint operations.

The first step in the measurement process involves a brief interview of the driver in his/her vehicle, during which an officer makes an initial determination as to whether the driver is likely to be impaired. Once an initial determination has been made that the driver may be impaired through an interview at the driver's window, the officer will ask the driver to take a few field sobriety tests. For decades, police have used a variety of performance tests to assess the degree of impairment for drivers suspected of alcohol-impaired driving. The admissibility of these tests as evidence relied entirely upon court acceptance of their validity as indices of inability to drive safely.

DUI Stops and Penalties

As a rule, a car stop is allowed only if the officer has a good reason to believe the driver is committing a traffic offense or some other criminal act. For example, a driver can only be pulled over if the officer sees the car speeding or drifting in and out of a lane of traffic. If the officer believes the driver is intoxicated after asking some questions, observing the driver's movements, and perhaps detecting alcohol on his or her breath, an arrest can be made on the theory of probable cause.

The person can be jailed for a DUI conviction. In most states, however, an adult's first DUI conviction usually involves a stiff fine, a license suspension, mandatory attendance at a DUI rehabilitation course, and probation for up to three years.

For a second offense, an adult will often go to jail. Furthermore, his or her vehicle might be impounded, a community service obligation might also be imposed, and attendance at a series of Alcoholics Anonymous meetings might be ordered. For a minor, the consequences are similar, although confinement in an institution is uncommon unless the minor is a "recidivist" -- a repeat offender. In recent years states have adopted "zero-tolerance" policies toward intoxicated teen drivers. Their legislatures have established lower BAC limits for persons under age 21 -- usually 0.02 percent.

Driving a moped and riding a bicycle while intoxicated are also punishable offenses. You can't legally ride a horse while intoxicated either.

Steps in Determining DUI

First, police officers are trained to recognize physical signs of inebriation in a driver or other individual. Among these indicators are slurred speech, alcohol breath, a flushed face, failing to comprehend the officer's questions, staggering when exiting a vehicle, and leaning on the vehicle for support.

Next, the police are able to put a DUI suspect through certain "field sobriety tests" after a stop. They might ask a suspect to attempt to walk steadily along a straight line, recite the ABCs, stand on one leg, or perform other basic actions requiring balance and coordination. A bad performance suggests intoxication and will usually result in the suspect's arrest.

Lastly, a driver is said to be intoxicated if his or her blood alcohol content, or BAC, is at or above 0.08 percent. A person with a BAC of 0.08 percent has 0.08 grams of alcohol per 100 milliliters of blood. A chemical test establishes an individual's BAC. With a "breathalyzer test" the DUI suspect is required to blow deeply into a breathalyzer machine, or "drunkometer." Usually the test is administered at the police station -to both adults and teens.

In every state a DUI suspect gives implied consent to be chemical-tested. This includes minors. The suspect doesn't have the right to consult an attorney before taking a chemical test. If he or she requests one, the police won't wait for the attorney to appear before running the tests.  

Revocation of Probation

If you are convicted for DUI and it is your first offense you may be eligible for probation. In many states you will be eligible for probation if you do not have a criminal record. If you are on probation, you must follow the conditions of your probation.

The judge may require you to pay for and install an ignition interlock device on your vehicle as part of the probation. If this device detects alcohol in your breath, it will not allow the vehicle to start. Unless a judge revokes a probation, you must complete the full term of the probation. There is no good time credit for probation.

If you violate any conditions of the probation, the prosecutor may file a motion to revoke the probation. The motion sets out the specific condition that you have violated. The judge who original sentenced you will hear the motion and can issue an arrest warrant if appropriate. Arrested probation violators can be jailed without bond until a hearing.

At the hearing for revocation of your probation, the prosecutor must prove a violation of a condition by a preponderance of evidence. This standard is easier to meet than the normal proof beyond reasonable doubt requirement.

You will have the right to a lawyer and to call and cross examine witnesses. Generally there is no jury trial for revocation of probation hearings. The judge can leave on you probation, revoke the probation or add any new conditions from those allowable for the original DUI probation.

Penalties for DUI

The penalties for DUI are determined by the state law. In all states a first DUI offense is a misdemeanor. A misdemeanor offense is generally punishable by fine. The maximum term of imprisonment for a misdemeanor offense is one year. However a first DUI offense can be tried as a felony offense is there are aggravating factors present at the time of the offense such as reckless driving, bodily injury, property damage or presence of a minor in the vehicle. A felony DUI offense is punishable with a jail term exceeding one year.

Repeat DUI offenders can be ordered to pay for an install an ignition interlock device in their vehicle. This device works like a breath analyzer. Before the driver can start the vehicle, he or she must breathe into the device. If the device detects any trace of alcohol in the driver’s breath, the vehicle will not start. In some states, the device will prevent the vehicle from starting if the blood alcohol concentration is over a predetermined level often 0.02 percent.

In some states, a repeat offender’s vehicle can be impounded. Depending on the state law, this impounding can be temporary or permanent. This can cause severe problems if you are using the vehicle to get to work and you do not have the financial resources to buy a new vehicle. In many states if the DUI offense resulted in an accident, the vehicle may be impounded and sold to pay compensation to the accident victims.

One Leg Stand

The one leg stand is aimed at dividing the driver’s attention. He has to perform the test and listen to the instructions from the police officer. The driver must hold one leg six inches off the ground while pointing his toe forward. The driver must keep his hands by his side and stare at his foot. The officer will then ask him to count out loud. He must stop when the officer instructs him to stop.

While the driver is performing the one leg stand, the police officer will look for four clues of intoxication. If the officer finds two clues of intoxication, the officer will generally proceed to arrest the driver for DUI.

The one leg stand test has its own drawbacks. First of all, a normal person does not stand on one leg with his arms by his side. For many drivers it is probably the first time in their life they are attempting something like that. Many of them trip and fall. This is all that the officer will be looking for. He is not going to consider that it is for the first time in your life that you have attempted the one leg stand. 

Persons who are suffering from leg pain or other medical conditions that prevent them from putting too much stress on one leg will generally have no chance of passing the one leg stand. Older persons too will find it difficult to pass the one leg stand.