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As per my earlier article  I will be continuing my discussion of Drving Under the Influence law in Fresn Ca, and elsewhere in California. 

If you were arrested for Driving Under the Influence give our office a call and we can help you I have both prosecuted and defended DUI cases and have been in practice for more than 14 years.  

As stated in earlier article most DUI procedures are supposed to be the same for all states and all police so that the standards are not different.  Therefore, there are some common things to look for

PHASE One the pullover or why was I pulled over.

Officers are trained to observe the vehicle in operation and nota ny initial cues of a possible DUI violation.

Officers are trained that drivers that are impaired often exhibit certain effects or symptoms of impairment.  These include:

slowed reactions.

impaired judgements/willingness to take risks

impaired vision

poor coordination

The National Highway Traffic Administration sponsored research to identify the most common and reliable initial driving indicators of DUI

This research identifified 24 cues, each with an associated high probability that the driver exhibiting the cue is impaired. 

1. Weaving

2. Weaving across lane lines

3. Drifting

4. Straddling a lane line

5. Swerving.

6. Almost striking object or vehicle.

7. Turning with a wide radius

8. Stopping problems (to far, to short, to jerky)

9. Unnecessary acceleration or deceleration

10. Varying speed

11. 10 miles an hour or more below the speed limit.

12. Driving with headlights on at night

13. Failure to signal or signal inconsistant with action

14. Driving in opposing lanes or wrong way on one way.

15. Slow response to traffic signals.

16. Slow response to traffic signals

17. Stopping in a lane for no apparent reason

18. Following to closely

19. Improper or unsafe lane changes.

20. Illegal or improper turn.

21. Driving on other than designated roadway

22. Stopping innapropriately in response to officer

23. Innapropriate or unusual behavior (throwing objects, aruging, etc.)

24. Appearing to be impaired.



Driving is a task that requires your attention to be divided into sub tasks. 


controlling accelerator


controlling break pedal.

operating the clutch (if applicable)

observing other traffic

observing signal lights, stop signs, other traffic control devices,

making decisions (whether to stop, turn, speed up, slow down, etc

many other things

Divided Attention means concentrating on more than one thing at a time.

When a driver is under the influence of alcohol and/or drugs his ability to divide attention becomes impaired.  This inability to divide attention causes drivers to exhibit the 24 driving cues that police look for. 


The second task for the officer during phase one is to observe the manner in which the response to the signal to stop and to note any additional evidence of DUI violation. 

During this phase the officer is trained to look for the following

1. tries to flee

2. no response

3. slow response

4. abrupt swerve

5. sudden stop

6. strikes curb

7. new violations



The officer attempts to gather evidence of impairment by observing and interviewing the driver.  The officer may also ask the driver to perform non standardized test prior to him asking the driver to perform standardized testing. 

Officers are trained to use sight, hearing, and sense of smell to note additional evidence during there observation and interview of the driver. 

Officers look for the following specific signs of impairment. 

bloodshot eyes

soiled clothing

fumbling fingers

alcohol containers.

drugs or drug paraphanalia

bruises bumps or scrapes

slurred speech

admission of drinking

inconsistant responses

unusual statements

To gain evidence officers are trained to use three questioning tactics while the driver is still in the vehicle.  these three are

1. asking for two things simultaneously

2. asking interrupting or distracting questions

3. asking unusual questions.

These tactics are based on the concepts of divided attention.  They require the driver to concentrate two or more things at the same time.


I will further go into DUI arrest in a later post please give me a call if you have questions.





Gerald Schwab, Jr.


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Fresno Criminal Defense Attorney
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Fresno, CA 93704 View Map
Phone: 559.441.1418