DUI Traffic Stop FAQs

Being stopped for driving under the influence (DUI) is a serious matter with potentially severe consequences. Knowing what happens during a DUI traffic stop is crucial for anyone on the road. This guide breaks down the process, from the initial stop to the possible penalties. If you find yourself in this situation and need legal guidance, it’s wise to consult with an experienced attorney.

Why? Because only a Bedford traffic lawyer can help you navigate the complications of DUI traffic stop cases and get you a favorable outcome.

The Initial Stop for a DUI

A DUI traffic stop often starts like any other. An officer might pull you over for a minor traffic violation, such as failing to signal, speeding, or having a non-functioning brake light. During this interaction, if the officer suspects you’ve been drinking—perhaps due to the smell of alcohol, slurred speech, or erratic behavior—they may ask you to perform field sobriety tests. The officer generally needs to observe at least two signs of impairment before proceeding with these tests. Seeking advice from a Bedford traffic lawyer can help you understand the legality of the stop and the subsequent procedures.

Common Signs of Intoxication

Police officers are trained to look for specific physical signs and behaviors that may indicate a driver is intoxicated. It’s worth noting that some of these signs can be caused by medical conditions or other factors unrelated to alcohol. An officer will look for a combination of these indicators:

• Watery, red, or glassy eyes
• Slurred or unclear speech
• Difficulty understanding or responding to questions
• Swaying or instability while standing
• An unusual attitude, such as being overly argumentative, cheerful, or aggressive
• Stumbling or difficulty walking
• Trouble multitasking or following instructions
• A flushed face
• A noticeable smell of alcohol on the breath
• Fumbling to find a license and registration
• Difficulty getting out of the vehicle
• Leaning on the car for support
• A disheveled appearance
• Disorientation regarding time or location

If an officer observes several of these signs, they may request further testing to confirm their suspicions. A Bedford speeding ticket attorney can review the incident to determine if the stop and arrest were conducted lawfully.

Blood and Breath Test Requirements in West Virginia

West Virginia’s “implied consent” law means that by having a driver’s license, you have already agreed to submit to a blood or breath alcohol test if law enforcement requests one. You have the right to refuse, but this refusal carries its own consequences, including an automatic license suspension for at least one year. Furthermore, your refusal can be presented in court as evidence suggesting you were intoxicated. The most advisable step is to comply with the test and contact a Bedford speeding ticket attorney immediately to ensure your rights are protected throughout the process.

What Are Field Sobriety Tests?

Officers use standardized field sobriety tests (SFSTs), developed by the National Highway Traffic Safety Administration (NHTSA), to evaluate a driver’s physical and mental impairment. These tests assess balance, coordination, and the ability to follow instructions.

Common Standardized Field Sobriety Tests

• Horizontal Gaze Nystagmus (HGN) Test: The officer will ask you to follow a small object, like a penlight, with your eyes to check for involuntary jerking of the eyes.
• Walk-and-Turn Test: You will be instructed to walk heel-to-toe in a straight line for a certain number of steps, turn in a specific way, and walk back.
• One-Leg Stand Test: This test requires you to stand on one leg and hold the other foot about six inches off the ground for 30 seconds.

Other Common Field Sobriety Tests

• Reciting the Alphabet: You might be asked to say the alphabet forwards or backward without mistakes.
• Finger-to-Nose Test: This involves touching the tip of your nose with your index finger while your eyes are closed.

Poor performance on one or more of these tests can lead to an arrest on suspicion of DUI. A Bedford traffic lawyer can analyze your test performance and determine if external factors may have affected the results.

Penalties for a DUI Conviction

The penalties for a DUI conviction in West Virginia vary based on your blood alcohol concentration (BAC) level and whether you have prior DUI offenses.

First-Time DUI Offense

For a first offense with a BAC under 0.10%, penalties typically include:

• Fines and court fees
• A potential driver’s license suspension
• Probation or community service

Harsher Penalties for Higher BAC and Repeat Offenses

If your BAC is above 0.10% or if it is not your first offense, the penalties become much more severe. A skilled Bedford traffic lawyer can help navigate these complexities. These increased penalties can include:

• Mandatory installation of an ignition interlock device (IID) on your vehicle
• Required attendance at alcohol safety school or rehabilitation programs
• Higher fines and longer license suspension periods
• Possible jail time

Not just that, but you may also receive points on your license. Accumulating 11 points can cause a license suspension, which invites unnecessary hassles to your everyday life. Therefore, consult a Bedford traffic lawyer before it’s too late!

Protect Your Rights with Legal Counsel

Facing a DUI charge can be an intimidating experience. The choices you make during and after a traffic stop can have a lasting impact on your life. A knowledgeable Bedford speeding ticket attorney can explain West Virginia’s DUI laws, build a strong defense for your case, and work towards achieving the best possible outcome. If you or someone you know is dealing with a DUI charge, it is crucial to act quickly to protect your rights. Call us at 844.PITT.DUI for free consultation.