August 24, 2019

Colorado Court of Appeals: Police Officer’s Observation of Vehicle Weaving in Lane Sufficient to Create Reasonable Suspicion of DUI

The Colorado Court of Appeals issued its opinion in People v. Johnston on Thursday, November 29, 2018.

Constitutional Law—Fourth Amendment—Search and Seizure—Motor Vehicles.

A sheriff’s deputy noticed defendant’s car continuously weaving within the right-hand lane while traveling on Interstate 70. The deputy followed defendant for five to six miles before stopping him for suspicion of driving under the influence of alcohol. During the stop, the officer noticed signs of intoxication, administered roadside tests, and arrested defendant. Defendant was charged with aggravated driving after revocation prohibited and driving under the influence (DUI). Defendant filed a motion to suppress, which the trial court denied. A jury found defendant guilty of aggravated driving after revocation prohibited and the lesser included offense of driving while ability impaired.

On appeal, defendant argued that the trial court erred by denying his motion to suppress. He argued that his weaving within a single lane, without more, did not create a reasonable suspicion of DUI. The Fourth Amendment does not require that a police officer see the defendant commit a traffic violation before stopping him, and repeated intra-lane weaving can create reasonable suspicion of impaired operation. Whether there exists reasonable suspicion of intoxicated driving is based on the totality of the circumstances. Here, under the totality of the circumstances, the police officer’s observation of defendant’s vehicle weaving continuously within its own lane for over five miles was sufficient to create a reasonable suspicion that the driver was intoxicated. Therefore, the trial court did not err in denying defendant’s motion to suppress.

The judgment was affirmed.

Summary provided courtesy of Colorado Lawyer.

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