Usually, the first thing that attracts a police officer's attention in a drunk driving case is the individual's driving. Nevada police officers are trained what driving symptoms to be looking for. And many of them have been trained with the aid of a booklet published by the federal government (National Highway Traffic Safety Administration). The booklet, entitled Guide for Detecting Drunk Drivers at Night: A DUI Detection Guide, is based upon federally-financed field research and identifies the nineteen most common and reliable initial indicators of drunk driving.
The list of symptoms which follow include the probability that the driver is intoxicated. For example, the research indicates that the chances are 65 out of 100 that a driver who is straddling a center or lane marker has a blood-alcohol concentration of .10 percent or higher (the research was conducted before blood-alcohol levels were dropped to .08 percent).
It may come as a surprise to many that, for example, 40 out of 100 drivers "appearing to be drunk" to police officers are, in fact, not under the influence. Similarly, 40 out of 100 drivers who are weaving or who almost strike another vehicle are also legally sober.
The research indicates that the chances of a driver being intoxicated when multiple symptoms are observed can also be calculated: "When two or more cues are seen, add 10 to the highest value among the cues observed." For example, if the subject is observed to be straddling a lane marker (60) and breaking erratically (45), there are 70 chances out of 100 that he has a blood-alcohol concentration of .10 percent or more. Of course, this also means that 30 out of 100 drivers who are straddling and breaking erratically are NOT under the influence.
LAS VEGAS DUI: A DRUNK DRIVING LAW GUIDE is offered as a counterweight to the political pressures of extremist groups such as MADD designed to win the passage of unfair laws and penalties, further erode our constitutional rights and eventually gain the return of Prohibition. The National Motorists Association presents its views on such controversial DUI issues as overly harsh criminal penalties, unconstitutional roadblocks and automatic license suspensions. Responsibility in DUI Laws, Inc., offers similar arguments aimed at reforming harsh and misdirected drunk driving laws.