The National Highway Transportation Safety Administration (NHTSA) has developed a guide specific to motorcycle operators. The basis of this motorcycle guide are based on a 1993 study, The Detection of DWI Motorcyclists, DOT HS 807 839, March 1993; Jack W. Stuster, Anacapa Sciences Inc., wherein police reports were used to identify “cues” of impaired drivers. Over 100 “cues” were narrowed down to 14. NHTSA lables 7 of these “cues” as “excellent” predictors of impairment and 7 are considered “good” predictors of impairment. According to NHTSA “excellent” is defined as having a greater than 50% predictive capability. ”Good” means that the tests are 30-50% predictive (much less than a coin toss).
The “cues” that police officers look for when investigating impaired motorcycle operators are:
Excellent Cues (50% or greater probability)
- Drifting during a turn or curve
- Trouble with a dismount
- Trouble with balance at a stop
- Turning problems (unsteady, sudden corrections, late breaking, improper lean angle)
- Inattentive to surroundings
- Inappropriate or unusual behavior (carrying or dropping and object, urinating at roadside, disorderly conduct)
- Weaving
Good Cues (30-49% probability)
- Erratic movement while going straight
- Operating without lights at night
- Recklessness
- Following too closely
- Running stop light or sign
- Evasion
- Wrong way
The guide does not tie the cues to any correlated BAC. Instead it simply uses the cues to say that a driver is “DWI” without defining what that means in terms of BAC or impairment. Another glaring problem with the study is the fact that experienced police officers do not think it is valid. At page three the guide states, “…some officers, even those with many years of experience reported they believe there are no cues that can be used to distinguish DWI from unimpaired motorcycle operation.”
Charles M. Rowland II has represented motorcyclists
for over sixteen (16) years. He limits his practice to DUI defense and stays on the cutting edge of DUI forensic science and the tactics necessary to defend your case. If you wish to contact a DUI attorney who can represent you in court,
CONTACT DUI attorneyCharles M. Rowland immediately at (937) 318-1DUI [318-1384] or 1-888-ROWLAND [888-769-5263]. You can also connect at www.facebook.com/daytondui or on Twitter @DaytonDUI. Sign up for text alerts on Dayton DUI topics at this blog or text DaytonDUI (one word) to 50500 for instantaneous contact information.
”All I do is DUI defense.”
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Charles M. Rowland II dedicates his practice to representing the accused drunk driver in Dayton and throughout the Miami Valley. He regularly appears in the Fairborn Municipal Court, Beavercreek Municipal Court, Clark County Municipal Court, Kettering Municipal Court, Dayton Municipal Court, Miamisburg Municipal Court, Xenia Municipal Court, Vandalia Municipal Court, Montgomery County Municipal Court Eastern Division (Huber Heights), Montgomery County Municipal Court Western Division (New Lebanon), and in other courts throughout Ohio.
