DUI Traffic Stop FAQs

The Initial DUI Stop

A typical DUI stop in Morgantown usually begins as a standard traffic stop for a minor infraction. This could be something as simple as rolling through a stop sign, speeding, or driving with a burned-out taillight. However, the situation changes if the police officer suspects that you have been consuming alcohol. This suspicion is often triggered by the smell of alcohol on your breath or specific behaviors you exhibit during the interaction. If the officer observes these indicators, they will likely ask you to perform one or more field sobriety tests on the side of the road. It is important to know that generally, an officer needs to observe at least two signs of intoxication before they can justify administering these roadside tests in Berks County.

Signs of Intoxication

Law enforcement officers are specifically trained to look for certain physical and behavioral indicators that suggest a driver is impaired. However, it is crucial to understand that these signs are not definitive proof of drunk driving, as they can also be caused by fatigue, allergies, or medical conditions. If you believe your behavior was misinterpreted, a Morgantown DUI attorney can help review the details of your stop.

Common signs that officers look for include:

• Eyes that appear watery, red, bloodshot, or glassy
• Speech that is slurred or difficult to understand
• Trouble comprehending and answering the officer’s questions
• Instability, swaying, or an inability to stand still
• An attitude that is argumentative, overly cheerful, combative, or otherwise inappropriate
• Stumbling or unsteadiness when walking
• Inability to follow simple directions or multitask
• A flushed or red face
• The distinct odor of alcohol on the breath
• Fumbling or dropping a wallet while trying to retrieve a license
• Unsteadiness when getting out of the vehicle
• Leaning on the car for balance or support
• Messy, untidy, or disheveled clothing and appearance
• Confusion or disorientation regarding the current time or location

The Blood and Breath Test Requirement

Pennsylvania operates under an implied consent law. This means that by holding a driver’s license and driving on state roads, you have essentially already agreed to submit to chemical testing—such as blood or breath tests—if an officer requests it. While you do physically have the right to refuse these tests during a traffic stop, doing so comes with significant consequences. Refusing a chemical test results in an automatic license suspension of one year or more, regardless of whether you are ultimately convicted of a DUI. In addition, prosecutors may argue in court that your refusal indicates a consciousness of guilt. Because these penalties can have long-lasting effects on your driving privileges and criminal record, speaking with an experienced Morgantown criminal lawyer can help you understand your rights and potential defenses if you are facing DUI-related charges.

Field Sobriety Tests

To assess a driver’s physical and cognitive impairment, officers use standardized tests developed by the National Highway Traffic Safety Administration (NHTSA). These tests challenge your ability to follow instructions and perform physical tasks simultaneously. A knowledgeable Morgantown criminal lawyer at Mountaineer Law Group can evaluate whether these tests were administered correctly.

Common field sobriety tests include:

• Reciting the alphabet: Testing memory and speech.
• The One-Legged Stand: Testing balance and ability to follow instructions.
• Horizontal Gaze Nystagmus (HGN): Following a light or pen with your eyes to check for involuntary jerking.
• Touching your nose: Testing coordination.
• Walk-and-Turn: Walking in a straight line, turning, and walking back.

DUI Penalties

The consequences for a DUI conviction can be severe and depend heavily on the specific circumstances of your arrest, including your blood alcohol concentration (BAC) and prior history. A first-time “simple” DUI often results in probation, fines, community service, and a suspension of your driver’s license. However, if your BAC is found to be above 0.10 percent, you will face enhanced penalties.

Repeat offenses carry even stricter mandatory punishments. Beyond jail time and fines, you may be required to install an ignition interlock device on your vehicle, attend mandatory alcohol highway safety school, or participate in alcohol rehabilitation programs. Having a Morgantown DUI attorney by your side is essential to navigating these complex penalties and protecting your future. Call us at (304) 381-3656 today for free consultation.