DUI FAQ

Below, you will find answers to some of the most commonly asked questions regarding driving under the influence (DUI) charges, provided by the legal team at Mountaineer Law Group.

What do the Police Watch for When Looking for Drunk Drivers?

In Morgantown and throughout Pennsylvania, law enforcement officers undergo specific training to identify visual cues that suggest a driver may be impaired. Inconsistent or erratic driving behaviors are usually the primary reason a vehicle is stopped. If an officer witnesses these specific patterns, they have probable cause to pull you over.

Common indicators that police look for include:

• Weaving in and out of lanes or swerving.
• Driving significantly below the posted speed limit.
• Drifting onto or over the center lane marker.
• Braking erratically.

If an officer suspects that your ability to drive is compromised based on these observations, they will likely signal for you to pull over to the side of the road. If you find yourself in this situation, it is vital to contact a Morgantown criminal lawyer as soon as possible to protect your rights.

What Will the Police Do After They Stop You?

Once your vehicle has been stopped, the officer’s immediate goal is to look for physical evidence of intoxication. They are observing you closely from the moment they approach your window.
Typical signs of impairment they look for include:

• Fumbling or difficulty locating your driver’s license and registration.
• The odor of alcohol coming from your breath or the interior of the car.
• Glassy or bloodshot eyes.
• Slurred speech or delayed responses.
• General confusion or disorientation.

The officer may engage you in casual conversation to test your cognitive function—specifically, your ability to understand questions and respond coherently. They might also ask you to step out of the car to see if you are unsteady on your feet or swaying. If you are concerned about how this interaction might impact your future, consulting a Morgantown DUI attorney is highly recommended.

What do I Say if the Police ask Whether I Have Been Drinking?

It is critical that you never admit to consuming alcohol when questioned by law enforcement. Statements you make at the scene can be taken out of context and utilized by the prosecution during a trial to secure a conviction. The safest course of action is to politely decline to answer any incriminating questions until you have legal representation present.

If the officer continues to press you for an answer, stay calm and respectfully state that you would like to speak with your Morgantown criminal lawyer before answering. Do not become argumentative or combative, especially if the officer decides to place you under arrest. Resisting or acting aggressively can lead to additional charges and complicate your defense.

Does a Field Sobriety Test Affect the Charges, Should I Take the Test?

Legally speaking, the results of a Standardized Field Sobriety Test (SFST) can significantly impact your case. However, in practical terms, officers often use these tests—such as the One-Leg Stand or the Walk-and-Turn—to confirm a decision they have already made regarding your intoxication.

Taking the test while impaired simply provides the state with more evidence against you. Conversely, refusing the test might reinforce the officer’s suspicion that you are over the legal limit. In many scenarios, it is advisable to politely refuse the field sobriety exercises and request to contact a Morgantown DUI attorney. This prevents you from providing video evidence of stumbling or poor coordination that could be difficult to explain in court.

Should I Take a Blood or Breath Test?

Chemical testing, which analyzes your blood, breath, or urine, is used to determine your Blood Alcohol Concentration (BAC). In Pennsylvania, you face DUI charges if your BAC is 0.08% or higher.

Deciding whether to submit to these tests involves weighing complex legal consequences:

• Refusal: Under implied consent laws, refusing a chemical test usually results in an automatic one-year license suspension, regardless of whether you are convicted of DUI.
• Cooperation: If your BAC is relatively low (between 0.08% and 0.099%, classified as General Impairment) and you have a clean record, taking the test might be the better strategic option to minimize penalties.

However, if you have consumed a significant amount of alcohol (e.g., more than three drinks) or have prior offenses, refusing the test might offer a strategic advantage in avoiding a conviction, despite the license suspension. This is a nuanced decision best made with the guidance of a skilled Morgantown criminal lawyer.

Isn’t it Mandatory for the Police Officer to Read Me My Miranda Rights?

There is a common misconception regarding Miranda rights. These rights strictly apply to custodial interrogation—meaning situations where you are in police custody and being questioned. They generally do not apply during a roadside traffic stop for DUI suspicion. Consequently, an officer is not required to read you your rights immediately upon pulling you over.

If I See a DUI checkpoint, can I Turn Around and Go Back the Other Way?

If you encounter a DUI checkpoint in Berks County, you might wonder if avoidance is legal. In Pennsylvania, drivers generally have the right to avoid a checkpoint if they can do so legally. You may turn around or take a different route, provided you do not break other traffic laws, such as performing an illegal U-turn or driving recklessly. However, keep in mind that suspicious avoidance maneuvers may attract police attention. If you are stopped after avoiding a checkpoint, reach out to a Morgantown DUI attorney immediately.

For a free consultation regarding your case, contact Mountaineer Law Group today at (304) 381-3656.