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DUI Traffic Stop FAQs
If you’re facing a DUI charge, understanding what happens during a traffic stop and your rights can make a significant difference. This guide will help educate you on common procedures, penalties, and your options moving forward while highlighting key information.
The Initial DUI Stop
A DUI stop in Indiana, PA, typically starts with a traffic infraction such as rolling through a stop sign or having a non-functioning taillight. If a law enforcement officer suspects alcohol consumption based on your actions or notices the smell of alcohol, they may request one or more field sobriety tests conducted at the scene. Officers are required to identify at least two signs of intoxication to justify administering these tests.
Signs of Intoxication
Law enforcement is trained to observe specific behaviors that may indicate impairment, although these signs can sometimes be caused by other factors. Common indicators include the following:
- Watery, red, bloodshot, or glassy eyes
- Slurred speech
- Difficulty responding to the officer’s questions
- Swaying or instability while standing
- Argumentative or inappropriate attitudes (cheerful, combative, etc.)
- Stumbling while walking
- Struggling to follow directions or multitask
- Flushed face
- Noticeable odor of alcohol on the breath
- Fumbling with your wallet while retrieving your license
- Unsteadiness when getting out of the vehicle
- Leaning on the car for stability
- Disheveled or untidy appearance
- Disorientation regarding time or location
If an officer identifies these behaviors, they may proceed to request additional testing or take further action.
Blood and Breath Test Requirement in Pennsylvania
Under Pennsylvania’s implied consent law, drivers have already agreed to submit to blood or breath tests by holding a valid driver’s license. Refusing this test will result in a mandatory suspension of your license for at least one year, regardless of whether you’re ultimately convicted. Additionally, refusal to comply can be used as evidence indicating guilt in a trial.
If you’re faced with this situation, consulting an Indiana PA DUI attorney can guide you in addressing the consequences effectively.
Field Sobriety Tests
Field sobriety tests are standardized assessments used by officers to measure potential impairment. While optional, consenting or refusing can yield different outcomes. Commonly conducted tests include the following:
- Reciting the alphabet
- Standing on one leg
- Horizontal gaze nystagmus test (following a light with your eyes)
- Touching your nose with your finger
- Walking a straight line
If you are unsure whether to take the test, consult with an Indiana PA criminal lawyer as soon as possible to determine the best course of action.
DUI Penalties in Indiana, PA
Penalties for DUIs are calculated based on the nature of the offense and whether you are a first-time or repeat offender. Some of the consequences can include the following:
- Fines
- Driver’s license suspension
- Probation
- Community service
If your blood alcohol concentration (BAC) exceeds 0.10 percent, stricter penalties could apply. Repeat offenses often result in mandatory installation of ignition interlock devices, completion of alcohol rehabilitation programs, and enrollment in driver safety courses.
Understanding the full scope of charges is crucial, and working with an Indiana PA DUI attorney is invaluable to ensure your rights are upheld.
Frequently Asked Questions
Should You Admit to Drinking if Pulled Over?
Never admit to drinking. Anything you say can be used against you, so it’s critical to handle the conversation carefully. Instead, remain polite, decline to answer, and promptly request to speak with an Indiana PA criminal lawyer.
Are You Required to Take Field Sobriety Tests?
No, you are not legally required to take these tests in Indiana, PA. However, refusing may escalate suspicion. The pros and cons of this decision should be weighed carefully.
What Happens if You Refuse a Blood or Breath Test?
Refusal will result in an automatic one-year license suspension under Pennsylvania’s implied consent laws. This choice may also amplify the case against you in court, as it can imply guilt. Consult an Indiana PA DUI attorney for personalized advice.
What If You Avoid a DUI Checkpoint?
It is legal to avoid a DUI checkpoint in Indiana, PA, as long as you obey traffic laws. Making illegal maneuvers during an attempt to avert a checkpoint may draw law enforcement attention.
Seek Legal Assistance from an Indiana PA DUI Attorney
Navigating DUI cases requires detailed knowledge of Indiana, PA regulations. Having a trusted Indiana PA criminal lawyer on your side ensures that your rights and options are fully explored.
If you’re dealing with a DUI charge or have questions about your case, contact Logue Law Group today for a free consultation. We are available 24/7 at (844) PITT-DUI.
That’s why you need to seek help from an Indiana PA DUI attorney for the best assistance.