DUI Traffic Stop FAQs

Driving under the influence (DUI) can have serious consequences, and understanding the steps of a DUI traffic stop is essential for anyone who may encounter this situation. Below, we provide an accessible breakdown of everything you need to know about a DUI traffic stop, from the initial stop to potential penalties. If you’re in need of legal advice or representation, contacting a New Castle DUI attorney is highly recommended.

The Initial DUI Stop

Most DUI traffic stops begin with what seems like a typical traffic violation. Common reasons for a stop may include rolling through a stop sign, having a broken taillight, or other infractions. Once stopped, if the officer detects any indication of alcohol consumption, such as the smell of alcohol or unusual behavior, they may proceed to request one or more field sobriety tests on the roadside. Importantly, the officer must observe at least two indicators of intoxication to initiate these tests.

Signs of Intoxication

Police officers are trained to recognize behaviors and physical signs that could suggest a driver is under the influence of alcohol. While these signs are considered by law enforcement, it’s important to remember that some may arise from other non-drinking-related factors. Commonly identified indicators include the following:

• Watery, red, bloodshot, or glassy eyes
• Slurred or impaired speech
• Difficulty comprehending the officer’s questions
• Instability or swaying while standing
• Displaying inappropriate attitudes (e.g., being excessively argumentative, overly cheerful, or combative)
• Stumbling while walking
• Trouble following instructions or multitasking
• A flushed or reddened face
• Noticeable odor of alcohol on the breath
• Fumbling or struggling to find a license or registration
• Difficulty exiting the vehicle, appearing unsteady
• Leaning on the car for balance
• An untidy or disheveled appearance
• Disorientation about location or time

If an officer identifies any combination of these signs, you may be subjected to additional testing.

Blood and Breath Test Requirements

Under Pennsylvania’s implied consent law, drivers agree to take blood or breath alcohol tests when requested by law enforcement. This agreement is automatic as part of your driver’s license issuance. While you do have the right to refuse these tests, doing so will result in an automatic license suspension for at least one year. Additionally, the refusal can be used as evidence to imply intoxication.

The best course of action is to comply with testing while consulting a New Castle DUI attorney as soon as possible to protect your rights.

Field Sobriety Tests

To assess whether a driver is intoxicated, officers may administer standardized field sobriety tests developed by the National Highway Traffic Safety Administration (NHTSA). These tests are designed to evaluate your coordination, balance, and ability to focus. Common field sobriety tests include the following:

• Reciting the Alphabet

(e.g., saying the alphabet from A to Z or in reverse without pauses or errors)

• One-Legged Stand

(e.g., standing on one leg for a full 30 seconds without swaying or using arms for balance)

• Horizontal Gaze Nystagmus Test

(e.g., following a small object, such as a pen or light, with your eyes only)

• Finger-to-Nose Test

(e.g., touching the tip of your nose with your finger while your eyes are closed)

• Walking in a Straight Line

(e.g., walking heel-to-toe along a straight line and pivoting in an instructed manner)

Each of these tests helps law enforcement evaluate physical and mental impairment. Failing one or more tests may result in arrest for suspected DUI.

DUI Penalties

The consequences of a DUI conviction depend on the driver’s blood alcohol concentration (BAC) and any previous offenses. For a first-time offender with a straightforward DUI, common penalties may include:

• Fines and Fees
• Driver’s License Suspension
• Probation and Community Service

For cases where a BAC exceeds 0.10% or for repeat offenders, penalties increase significantly. These may include:

• Mandatory installation of an ignition interlock device (IID)
• Attendance at alcohol rehabilitation or safety training programs
• Harsher fines and extended license suspension periods

Understanding the specific penalties and options in your case requires expertise. Seek guidance from a reputable New Castle criminal lawyer to explore potential defenses or reductions in penalties.

Protect Your Rights

Facing charges related to a DUI can be overwhelming for our Logue Law Group. The decisions you make following a traffic stop may significantly impact your future. A skilled 844.PITT.DUI New Castle DUI attorney can help you contact us to understand the complexities of Pennsylvania DUI laws, provide robust legal representation, and help advocate for the best possible outcome.

If you or someone you know is navigating a DUI charge, take action immediately to safeguard your rights.