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Failure to Maintain Lane: A Cop’s Most Used Weapon in DUI’s

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In the State of Georgia, police officers can use the offense of “failure to maintain lane” as a tool to initiate a traffic stop and potentially investigate a driver for suspicion of driving under the influence (DUI). This offense occurs when a driver fails to stay within their lane while driving on the road.

When a police officer observes a vehicle crossing lane lines, or exhibiting other signs of erratic driving that may indicate impairment, they can use this as reasonable suspicion to pull the driver over. O.C.G.A. § 40-6-48 states that “a vehicle shall be driven as nearly as practicable entirely within a single lane.” It prohibits drivers from leaving their lane until they have determined that a lane change can be made safely. NOTE: weaving within your lane is NOT a failure to maintain lane- the vehicle must cross or touch lane lines. Once the vehicle is stopped, the officer may then proceed with further investigation, which could include administering field sobriety tests or breathalyzer tests to determine if the driver is under the influence of alcohol or drugs.

It’s important to note that while failure to maintain lane can be a legitimate reason for a traffic stop, officers must still follow proper procedures and have reasonable suspicion of DUI to detain and arrest a driver. This means they must observe additional signs of impairment beyond just the lane deviation. It is usually accompanied by “bloodshot eyes”, or “odor of alcohol.” If you get pulled over for a DUI, call us immediately.

 

Should I perform Field Sobriety Tests?

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If you have been pulled over for DUI, the police officer may ask you if you would consent to field sobriety evaluations. Field Sobriety Evaluations are a series of tests which are, in theory, designed to aid officers draw accurate conclusions about a suspect’s blood alcohol consumption. Despite that these tests are only around 75% accurate when administered correctly, they are still thought of as legitimate tests of a person’s intoxication level by most judges and jurors. For this reason, allegedly “poor” performance on field sobriety tests can sway jurors to convict someone for DUI, even if they are not.

So is it in your best interests to perform field sobriety tests? This is a complicated question which will vary depending on the circumstances, but generally, it is better to refuse to participate in the field sobriety evaluations, as it provides the officer with less potentially incriminating evidence. It is important to bear in mind, however, that refusal to submit to field sobriety evaluations is admissible in trial as circumstantial evidence of intoxication. Taken together with other evidence of possible intoxication (slurred speech, bloodshot eyes, admission of drinking, etc.) may support an inference that the suspect was an impaired driver.

That being said, it is easier to make an argument that the officer got it wrong when they arrested you for DUI if the only evidence they have is the smell of alcohol on your breath and bloodshot eyes than if they have evidence of poor performance on field tests. Additionally, even if you refuse field sobriety tests, the officer still has the authority to arrest you. Georgia case law has held that an officer’s observation of bloodshot, watery eyes and odor of alcohol is sufficient to support an arrest for suspected DUI. If you are pulled over for DUI, even if you refuse field sobriety tests, do not be surprised if you are arrested anyway. Instead, stay calm, make no incriminating statements, and as soon as you are able, call an experienced DUI defense lawyer.

We offer free consultations to anyone who has been charged with driving under the influence. Call us today at 404-581-0999. Written by Attorney Katherine Edmonds.