Q: I was pulled over on suspicion of DUI because the officer said I was weaving in my lane.
Can that be a basis for giving someone a DUI?
A: That reason for the stop can definitely be the reasonable suspicion to justify you. However the police need more than erratic driving / traffic violation to sustain probable cause to arrest you for DUI. Typically they will administer a series of field sobriety tests (Horizontal Gaze Nystagmus, Walk and Turn and the One Leg Stand tests). The police will also look for and document scent of alcohol, admission of drinking, physical characteristics of alcohol consumption (staggering, failure to comply with directives, etc.). Some or all of the evidence will be hand written into the Notice of Suspension that he/she gave to you upon bonding out. You should consult a qualified DUI defense attorney in the county where you must attend court on the charge.
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