The Ohio State Highway Patrol recently issued a press release stating the Patrol is focusing on motorcycle safety during the month of May. The press release concludes by encouraging the public to report reckless or impaired drivers. Those drivers include impaired motorcyclists. Troopers, and other law enforcement officers, are trained to detect and investigate individuals who are operating a motorcycle under the influence of alcohol and/or drugs.
Detecting Impaired Motorcyclists
Law enforcement officers are taught how to detect impaired driving. The training is based on the manual from the National Highway Traffic Safety Administration (NHTSA) titled DWI Detection and Standardized Field Sobriety Testing. What is called DWI in the manual is called OVI in Ohio. One section of the manual is The Detection of DWI Motorcyclists.
NHTSA conducted research to determine the best cues that a motorcyclist is operating under the influence. The research included interviews with experienced officers from across the country to determine what cues suggest a motorcyclist may be impaired. The research also included reviewing DWI arrest reports to identify motorcyclists’ behaviors which prompted the traffic stops.
After completing the research, NHTSA conducted two field studies in which officers reported information about every traffic stop involving a motorcycle. Based on the field studies and research, NHTSA identified the best 14 cues of impairment and calculated the probabilities those cues predict DWI.
Excellent Cues and Good Cues
The 14 cues of impairment are categorized as “Excellent Cues” and “Good Cues”. According to NHTSA, “Excellent Cues” predict impaired motorcycle operation at least 50 percent of the time. “Good Cues” reportedly predict impairment 30 percent to 49 percent of the time.
Excellent Cues
- Drifting during turn or curve
- Trouble with dismount
- Trouble with balance at a stop
- Turning problems (e.g., unsteady, sudden corrections, late braking, improper lean angle)
- Inattentive to surroundings
- Inappropriate or unusual behavior (e.g., carrying or dropping object, urinating at roadside, disorderly conduct, etc.)
- Weaving
Good Cues
- Erratic movements while going straight
- Operating without lights at night
- Recklessness
- Following too closely
- Running stop light or sign
- Evasion
- Wrong Way
Investigating Suspected Impaired Motorcyclists
Law enforcement officers in Ohio and across the country now use the 14 cues to detect individuals who may be operating motorcycles while impaired by alcohol and/or drugs. If an officer observes one or more of the cues, the officer will likely make a traffic stop and conduct an OVI investigation.
The OVI investigation typically includes field sobriety testing. Officers are trained to administer three standardized field sobriety tests: the Horizontal Gaze Nystagmus test, the Walk and Turn test, and the One Leg Stand test. The OVI investigation sometimes includes non-standardized tests, such as counting backward and reciting a partial alphabet.
If an officer conducts an OVI investigation and concludes there is probable cause to believe the motorcyclist is under the influence, the officer will charge the motorcyclist with OVI. For a motorcyclist charged with OVI, it is important to consult an attorney with expertise in OVI defense and an understanding of OVI investigations for motorcyclists.
About the Author: Shawn Dominy is a leading OVI lawyer in Ohio and the founder of the Dominy Law Firm in Columbus, Ohio. He can be reached through his law firm’s website: Dominy Law Firm.
