Driving under the influence is defined as operating a motor vehicle with a blood alcohol content (BAC) over the legal limit. In most states the BAC limit is set between .05% and .08% and there’s no need for the presiding officer to show impairment or intoxication.

DUI: By the Numbers

A DUI is such a serious offense that courts around the country have signed on to “truth in sentencing” policies, which seek to ensure the maximum sentence is served and parole is kept at a minimum. Many jurisdictions, in fact, have even adopted minimum sentencing requirements to deter drunk driving. As of this writing, the State of Maryland has not adopted a “truth in sentencing” policy, but nonetheless, the consequences of drunk driving in Maryland can be substantial.

Local law enforcement make over one million DUI arrests every year and drunk driving is estimated to squander over one hundred billion dollars in revenue annually. DUI arrests are highest for males and people in the 21-25 year-old age range.

Bearing that information in mind, here are tipoffs local law enforcement use to spot drunk drivers.

Probable Cause, DUI and the Law

For the officer to pull you over in the first place, most jurisdictions require the officer to establish probable cause. This means that the officer has to reasonably show that criminal activity was taking place before the pullover took place. The most common reason for a pullover vis-a-vis an eventual DUI offense is speeding. In the State of Maryland, police officers need only have suspicion of intoxication to pull you over.

The officer who pulled you over must later be able to articulate why the driver was engaging in criminal activity. This could be as simple as a relatively routine traffic violation or forgetting to use your turn signal. Always make sure that your turn signal is engaged if you change lanes.

Because the fourth amendment protects undue search and seizures, the officer must show a violation of the law (probable cause) before stopping you and legally making an investigation. Sometimes the reason for the pullover is seemingly unrelated to the eventual DUI charge. For instance, expired tabs or a defective break light could avalanche into a field sobriety test.

NHTSA’s Visual Clues for Impaired Driving

The National Highway Traffic Safety Administration lists the following visual identifiers that law enforcement around the country use to detect impaired driving:

  • Turning with an overly wide radius
  • Weaving
  • Driving on an improper roadway
  • Slow speed
  • Swerving
  • Stopping without a cause
  • Following too closely
  • Almost striking or striking an object

It is important to note that any driving behavior that smacks of impaired ability (and could be used as probable cause later) could increase the chances of a DUI stop. A vehicular deficiency, such as a busted break light or out-of-date license plate tag, could also be enough to pull you over.

These seemingly trivial traffic violations could lead to the officer approaching your vehicle and demanding a field sobriety test. Make sure you understand the risk factors before getting behind the wheel.

How to Respond to an Officer

In the event that you are pulled over for suspected DUI, there are a few important things you should know. Although all drivers should cooperate with local law enforcement, drivers suspected of drunk driving should not incriminate themselves or provide statements that the prosecution could use against them at a later date. Streamline the pull-over process by stopping your car in a safe place, answering questions in a straightforward manner and having your insurance and license ready. Do not agree to take a field sobriety test (it is within your rights to refuse this) and do call an attorney right away. DUI charges are serious, so its important to understand what you should and should not do if you are pulled over for suspected DUI.