Dear PA DUI Attorney,
I was recently pulled over for a DUI after cops saw me weaving. What is your take on this?
One of the most common pre-arrest signs police officers cite in DUI cases is “the suspect was weaving.” There are two types of weaving, weaving between the lane markers and weaving across multiple lanes.
Weaving within one’s own lane is not illegal. It is not a sign of impaired driving. In the majority of cases, judges will rule that an officer observing a driver weaving within their own lane is not probable cause to execute a DUI stop.
In the case of weaving across multiple lanes, this is not specific to impaired driving and there are many ways to prove this. Weaving can occur from drowsiness, distractions, obstacles in the roadway and even some mechanical faults such as alignment. If it is proven that the officer stopped your vehicle without probable cause, the evidence after that will normally be suppressed which forces the prosecutor to withdraw their charges.
This is why it is important to have a knowledgeable PA DUI attorney who is willing to fight your case. Please call 1-866-MCSHANE for a free detailed consultation about your DUI case.
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.
capmotion says:
As insightfully 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 says:
Right on. 100% correct.
Mike says:
Justin,
I notice you mention weaving “between the lane markers” and “weaving across multiple lines” in this post. If a police reported that individual touched the center line and/or fog line but made never stated the individual crossed that line, which category of the two does that fall under or is it a separate case?
Thanks!