Driving Under Influence (DUI)

Under the Law, the Government must prove each and every element of those crimes to your satisfaction BEYOND A REASONABLE DOUBT.

SAFETY ADMINISTRATION  GUIDE FOR DETECTING IMPAIRED DRIVERS AT NIGHT  ALLEGES  20 COMMONLY DEMONSTRATED DRIVING BEHAVIORS. (DOT HS 805 711)
Turning with wide radius	Straddling center lane marker	Appearing to be drunk
Almost striking object or vehicle	Weaving	Driving on other than the designated roadway
Swerving	Speed more than 10 mph below limit	Stopping without cause in traffic lane
Following too closely	Drifting	Tire on center or lane marker
Braking erratically	Driving into opposing or crossing traffic	Signals inconsistent with driving actions
Stopping inappropriately (other than in lane)	Turning abruptly or illegally	Accelerating or decelerating rapidly

Remember...

1. The odor of an alcoholic beverage is merely a sign of consumption; NOT A SIGN OF IMPAIRMENT!
2. IT is NOT Illegal to consume alcohol and to drive a motor vehicle!
3. "Bloodshot & Watery Eyes". People often have Bloodshot & Watery eyes late at night when they are tired, even if they've had nothing to drink. Smoky rooms can cause Bloodshot & Watery eyes, as can allergies, as can sun strain, as can dust, as can a myriad of other things.
   
4. Rhomberg "test" involves the officer telling the subject to stand with feet together, eyes closed and head tilted back.
   85% of our photoreceptive balance response is maintained visually and through the vestibule system (the fluid) of the inner ear.
5. When you close your eyes and tilt your head back, you are deprived of 85% of your natural balancing mechanisms. The officer already has you standing in the position with the narrowest possible base- feet together.
6. The Rhomberg Modified “test” has never been validated by the National Highway Traffic Safety Administration as a reliable indicator of blood alcohol content.
7. One of the reasons NHTSA never validated this “test” is that it was shown to have a predictive validity of 50% as correlating to a blood alcohol level of .100 or greater.
8. When the Walk and Turn exercise was validated in a laboratory by scientists under controlled conditions, it was shown to correlate to a blood alcohol level of .10 or greater 68% of the time.