Most police officers will tell you that weaving is a dead giveaway that a driver is DUI. This couldn’t be further from the truth.
Weaving is not specific to being drunk and thus if you are just within a lane or weaving only momentarily or if it’s minor in nature, it is not probable cause in the state of Pennsylvania for a traffic stop.
A driver can weave because they are:
- Fiddling with their phone
- Paying attention to kids in the back seat
- Sleepy
- Clumsy
- Distracted by something else
While weaving due to the causes above can be dangerous, it is not driving under the influence. Weaving can also happen due to mechanical faults such as a bad wheel alignment.
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.
Weaving within a single lane is not illegal and it is not a sign of drunk driving. Many judges will rule that an officer observing a driver weaving within their own lane is not probable cause to execute a DUI stop.
If there is no probable cause then the evidence after that will normally be suppressed which forces the prosecutor to withdraw their charges.
This is why it is important to choose an attorney who has courtroom experience with DUI cases. At The McShane Firm, we go to great lengths to identify challenges that could help your case.
Our Clients are entitled to a Bill of Rights which states:
- Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
- Our clients have the right to expect plain speaking, straight shooting. No B. S.
- Our clients have the right to expect us to do it right the first time, every time.
- Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
- Our clients have the right to expect that they will be fully informed at all times.
This is our promise to you. Call today to get us on your side: (717) 657-3900.
