Weaving within a Lane -- Probable Cause for a DUI Stop?
It actually depends. Unless there is “pronounced weaving” for a “substantial” distance, witnesses by a “seasoned” officer, the answer will be no. Good news for many California DUI suspects.
This is because many officers will admittedly pull over suspected drunk drivers because they are weaving within their lanes. This, the police believe, is a DUI cue, warranting further investigation.
But courts have held that this does not rise to the level of probable cause that is necessary to pull a driver over for suspected California DUI charges. “Probable cause” means a reasonable belief that criminal activity is or was taking place. With respect to driving, it means that the officer reasonably believes that a driver is or has committed a traffic infraction or violation.
Weaving within a lane isn’t in and of itself a violation…and, as a result…isn’t sufficient to justify a traffic stop. Because of this, weaving within a lane won’t typically give an officer probable cause to stop you for a California DUI.
If weaving within your lane was the reason you were pulled over and investigated for a DUI, be sure to tell your California DUI defense attorney. He/she will ask the judge to suppress (that is, to exclude) any evidence obtained as a result of such an illegal stop. In other words, even if you were DUI, weaving within your lane just might be your “get out of jail free” card.
