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Vehicle in Motion
The first task is observing the vehicle in motion which begins when the police officer sees you in your car. His attention may be drawn to the vehicle or you by such things as:
- Moving Traffic Violation;
- Equipment Violation;
- Expired Registration or Inspection Sticker;
- Unusual Driving Actions (such as weaving within a lane or moving at slower than normal speeds); or
- “Evidence of Drinking” or Drugs in Vehicle
 Many people touch the “fog line” or they may go over the center line, their light might be out or they commit some other type of traffic violation. When a police officer notices one of these variances or traffic violations he has three (3) choices:
- Stop the Vehicle;
- Continue to Observe the Vehicle;
- Disregard the Vehicle
The police officer is taught that people who are impaired frequently exhibit certain effects of symptoms of impairment which include the following:
- Slowed Reactions;
- Impaired Judgment as Evidenced by a Willingness to Take Risks;
- Impaired Vision; and
- Poor Coordination
What you have here is a police officer who is observing you with his eyes and trying to determine whether or not any cues indicate that you are under the influence of alcohol and/or drugs. The police officer is told and taught that the effects of alcohol on the driver lead to predictable driving violations and vehicle operating characteristics. Never mind that you may have these characteristics without taking a drink. The fact of the matter is that between certain hours when you exhibit these characteristics and/or cues and a police officer sees you, you are likely to be pulled over by him. Remember, the police officer is playing with house rules. It is like he is the casino and knows that you are going to lose if you drink and drive. You may exhibit these cues without drinking but the facts remain that you will be pulled over. The time of the day, the visual cues that the officer observes and other factors play into you being pulled over. Police Officers are taught that at certain blood alcohol concentration levels you exhibit slowed reactions, increased risk taking, impaired vision, and poor coordination.
The police officer is policing the streets. He is told that he is protecting society. He is protecting society. He is not claiming to be perfect and no one is suggesting that he is perfect. However, he is given the responsibility to act under certain situations.
The police officer is taught to look for people who are turning with a wide radius or are straddling the center or lane markers. He is also taught that there are certain appearances that he must be concerned with and they are eye fixation, tightly gripping the steering wheel, slouching, in the seat, gesturing erratically or obscenely, having your face close to the windshield, drinking in the vehicle, or the drivers head protruding from the vehicle.
Other visual cue descriptions include almost striking an object or a vehicle, weaving, and driving on other than the designated roadway. Weaving occurs when the vehicle alternately moves toward one side of the roadway and then the other creating a zig zag course.
When driving on other than the designated roadway, the vehicle is observed being driven on other than the roadway designated for traffic movement. An example is as follows:
- Driving at the Edge of the Roadway
- Driving on the Shoulder
- Driving Off the Roadway Entirely, and
- Driving Straight Through Turn-Only Lanes or Areas
Swerving is something that a police officer looks for. A swerve is an abrupt turn away from a generally straight course.
Sometimes an officer will pull you over for driving at a speed that is slower than ten (10) miles/hour below the limit. This may not be illegal; however, the police officer is given the right to decide whether there is a problem, the operator may be in some form of distress or there is a malfunction in the automobile. He also has the right to think that maybe the operator is lost and needs assistance.
When a vehicle stops in a lane for no apparent reason or follows too closely or drifts, this gives rise to the officer having a visual cue that triggers in his mind the driver being under the influence. Sometimes an officer might pull you over for tires on the center lane or lane marker, breaking erratically or driving into opposing or crossing traffic.
Sometimes drivers who are under the influence exhibit slow responses to traffic signals and also signal inappropriately. A number of possibilities exist for the driver’s signaling to be inappropriate or inconsistent with the associated driving actions. This cue occurs when inconsistency such as the following are observed:
- Failing to Signal a Turn or Lane Change,
- Signaling Opposite to the Turn or Lane Change Executed;
- Signaling Constantly with no Accompanying Driving Action; and
- Driving with Four-Way Hazard Flashers On
There are situations in which a driver stops inappropriately (other than in a traffic lane). This is when the observed vehicle stops at an inappropriate location or under inappropriate conditions, other than in the traffic lane. Examples include stopping:
- In a Prohibited Zone;
- At a Crosswalk;
- Far Short of an Intersection;
- On a Walkway;
- Across Lanes;
- For a Green Traffic Signal; or
- For a Flashing Yellow Traffic Signal
A driver may turn abruptly or illegally when he or she executes any turn that is abnormally abrupt or illegal. Specific examples include:
- Turning With Excessive Speed;
- Turning Sharply From the Wrong Lane;
- Making a U-Turn Illegally;
- Turning From Outside a Designated Turn Lane
The National Highway Traffic Safety Administration states that they must be concerned with similar visual effects with a person driving a motorcycle. Their training indicates that there are excellent cues with regard to motorcyclists being under the influence when any of the following occurs:
- Drifting During a Turn or Curve;
- Trouble with the Dismount;
- Troubles with Balance at a Stop;
- Turning Problems (e.g. unsteady, sudden corrections, late breaking, improper lean angle);
- An Attentiveness to Your Surroundings;
- Inappropriate or Unusual Behavior (e.g. carrying or dropping objects, urinating at road side, disorderly conduct, etc.);
- Weaving
An excellent cue indicates a 50% or greater probability of driving under the influence alcohol and/or drugs. Some other good cues as referred to by the National Highway Traffic Safety Administration are the following:
- Erratic Movements While Going Straight;
- Operating Without Lights at Night;
- Recklessness;
- Following Too Closely;
- Running Stop Light or Sign;
- Evasion;
- Wrong Way
A good clue indicates a 30-50% probability that someone is driving under the influence.
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