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Reasonable suspicion of DUI

By John Wesley Hall, Jr.

Driving and reasonable suspicion of intoxication: State v. Penix, 2008 Ohio 4050, 2008 Ohio App. LEXIS 3427 (11th Dist. August 8, 2008): [*P11] In Evans, we set forth a non-exclusive list of factors to be considered when determining whether a police officer has a reasonable suspicion of intoxication justifying the administration of field sobriety tests. That list, on which no one factor is dispositive, consists of the following: [*P12] "(1) the time and day of the stop (Friday or Saturday night as opposed to, e.g., Tuesday morning); (2) the location of the stop (Whether near establishments selling alcohol); (3) any indicia of erratic driving before the stop that may indicate a lack of coordination (speeding, weaving, unusual braking, etc...continue to full post

Full post as published by Fourth Amendment on August 15, 2008 (boomark / email).