The weeks between Thanksgiving and New Year's Day are some of the heaviest traveled times on Oklahoma roads. Unfortunately, this time of year also hassome of the highest rates of DUI arrest. Police and state troopers know that many people are celebrating at office parties, gatherings with friends,and family get-togethers, and they use this busy holiday season to crack down on impaired drivers.
One of the key tools law enforcement uses for bringing in DUI arrests is the sobriety checkpoint, or DUI roadblock. Police or OHP troopers will selecta spot to set up the roadblock and screen all drivers coming through. While a number of DUI arrests come from these roadblocks, the reality is thatthese seem to net more arrests for outstanding warrants than for impaired driving.
Another tool for cracking down on drunk driving during the holidays is increased traffic patrols. In these "saturation patrols," police departments putmore patrol vehicles on the roads to watch for cars that may be manned by impaired drivers.
In order for police to make a drunk driving arrest, they must first conduct a lawful traffic stop. It is illegal for law enforcement to "cherry pick,"or to stop a car at random and screen the driver for signs of impairment. A legal traffic stop is conducted when police observe evidence that a lawis being broken. Such evidence could include a driver running a stop sign, a broken tail light, speeding, or a driver's inability to stay in his orher lane. Many DUI arrests come not from erratic driving, but rather from an ordinary stop for a simple traffic violation.
What do officers look for in order to determine whether or not a driver may be impaired? The National Highway Traffic Safety Administration (NHTSA)provided law enforcement agencies with a list of clues through its publication, The Visual Detection of DWI Motorists.
The publication lists four categories of behaviors that may show impairment:
Within each category, the NHTSA lists specific behaviors and the likelihood a person is impaired based on the observation of one or more of these behaviors.
Problems Maintaining Proper Lane Position
Speed and Braking Problems
Vigilance Problems
Judgment Problems
Additionally, the agency lists "Post Stop Cues" that could indicate impairment even if the reason for the traffic stop did not show a high likelihood of impairment. These include the following:
Of course, the best way to avoid a DUI arrest this holiday season is to avoid driving after drinking. If, however, you find yourself under arrest for possible DUI, call to speak with an attorney about your case. We can help.
