Why Weaving Doesn’t Matter in DUI

Most police officers will tell you that weaving is a dead give-away that a driver is DUI.  This couldn’t be further from the truth. (But then again when have the police been known for being truthful?)  As I have written before, weaving is not specific to being drunk and thus if just within a lane or only momentary and minor in nature it is not probable cause for a traffic stop.  Here is more evidence.  Please watch the video below:

This happens to many people while they are driving. They are focused on something else and are slow to respond to something right in front of them. At the last moment the weave to avoid the obstacle. This interesting article explains this phenomenon in more detail: You can’t focus on everything at once. Here’s why.

Like I mentioned at the onset, weaving is not specific to DUI and cannot be used as probable cause for a traffic stop. As noted in United States v. Lyons (10th Cir. 1993) 7 Fed.3d 973, 976:

If failure to follow a perfect vector down the highway or keeping one’s eyes on the road were sufficient reasons to suspect a person of driving while impaired, a substantial portion of the public would be subject each day to an invasion of their privacy.

Justin McShane

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.

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