It depends. Unless there is “pronounced weaving” for a “substantial” distance, witnessed by a “seasoned” officer, the answer will be no. Good news for many California DUI suspects.
1. When can weaving serve as probable cause for a DUI stop?
Many officers will 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 resultantly, 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.1
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, exclude) any evidence obtained due to such an illegal stop. In other words, even if you were driving while intoxicated, weaving within your lane just might be your “get out of jail free” card. (Refer to our article, “Five things never to do if you are pulled over in California.“)
2. How does California define “driving under the influence”?
California has two primary DUI laws for adult drivers.
These laws are Vehicle Code 23152(a) VC, which makes it illegal to drive under the influence of alcohol, and Vehicle Code 23152(b) VC, which makes it unlawful to drive with a BAC of .08% or greater.
Most people arrested for DUI in California get charged with both of these sections.
