Police Observations of Driving Behaviors
If a police officer observed your driving prior to the stop, the Napa County Creek DUI law firm that represents you can explain how these observations may affect your case.
Your Napa County Creek DUI law firm can explain that the prosecution will likely emphasize any negative driving behaviors. This may include any weaving that you did between lanes or speeding.
While the prosecution may wish to emphasize this information, scientific studies show that these behaviors are well below the standard that the prosecution must prove to yield a guilty verdict. In particular, the National Highway Traffic Safety Administration established a drinking and driving detection guide for law enforcement use in detecting individuals who are probably driving while impaired. If the officer is unaware of this information or used practices that are contrary to the NHTSA standards, your Napa County Creek DUI law firm that represents you may try to use this information to show that the defendant was not exhibiting driving behaviors that really correspond with intoxication.
Detection Guide Statistics
Certain driving behaviors that officers report correspond to a relatively low level of probability that a person is intoxicated. For example, an officer who sees weaving behavior has about a 50 percent chance of being correct that the driver is intoxicated. The probability increases if officers see a combination of driving behaviors, such as weaving coupled with accelerating for no reason or driving on an area other than the roadway.
If you would like to know what defenses may be available in your case, contact Napa County DUI attorney Blackie Burak at 1-866-BLCKDUI.