DUI FAQ

Driving under the influence (DUI) can have serious consequences, and understanding your rights and options is crucial. Below, our lawyers address frequently asked questions to help you stay informed and prepared.

What Do the Police Look for When Spotting Drunk Drivers?

Police officers are trained to notice specific signs of erratic or inconsistent driving, which often indicate impaired driving. They are likely to pull your vehicle over if they observe behaviors such as:

• Weaving or swerving between lanes
• Driving significantly below the speed limit
• Hovering close to the center lane markers
• Sudden and frequent braking without reason

If observed, police may request that you pull over to assess the situation further.

What Will Happen After I’m Pulled Over?

Once stopped, officers will evaluate you for signs of intoxication. They typically look for physical and behavioral indicators, including:

• Difficulty locating your license or registration
• The smell of alcohol in the vehicle or on your breath
• Red or bloodshot eyes
• Slurred or slowed speech
• Visible disorientation or confusion

Officers might engage you in conversation to gauge your ability to comprehend and respond appropriately. Should they suspect further impairment, they may ask you to step out of the vehicle to observe your balance and coordination.

What Should I Say if Police Ask if I’ve Been Drinking?

Avoid admitting to alcohol consumption, as anything you say may later be used against you. Instead:

• Politely decline to answer any questions without your Weirton DUI attorney present.
• Refrain from making any statements, as even casual admissions can be misinterpreted.
• If the officer persists, reiterate your right to remain silent and seek legal representation.

It’s also important to remain calm, avoid confrontations, and comply with instructions to reduce unnecessary complications or escalation.

Should I Take the Field Sobriety Test?

Field sobriety tests can significantly impact your case, but they are not always in your best interest. Here’s why:

• These tests are often subjective, and officers may have already assumed impairment before administering them.
• Participation in these tests while under the influence provides police with additional evidence to strengthen their case.
• Refusing a field sobriety test could still reinforce the officer’s belief that your BAC exceeds the legal limit.

Politely declining the test and seeking assistance from your Weirton DUI attorney is often advisable in these situations.

What About Blood or Breath Tests? Should I Take Them?

Chemical testing like blood, breath, or urine tests measure your blood alcohol concentration (BAC). A BAC of 0.08% or higher typically results in DUI charges. However, refusal to take the test could result in:

• A mandatory one-year license suspension under implied consent laws.

Deciding whether to comply depends on the circumstances. For example:

• If your BAC is likely in the General Impairment range (0.08% to 0.099%) and you do not have prior DUI charges, it may be better to comply.
• If you’ve consumed excessive alcohol (such as more than three large drinks) or have previous convictions, refusing may help avoid stricter penalties.

A Weirton criminal lawyer can help you evaluate this decision in the context of your incident.

Are Police Required to Read Miranda Rights After a DUI Stop?

Contrary to popular belief, officers are not required to read Miranda rights during a routine DUI traffic stop. Miranda rights only apply during custodial interrogations or after an official arrest has been made. Therefore, during a DUI stop, officers may not inform you of your rights unless the situation escalates to detainment or questioning under custody.

Can I Avoid a DUI Checkpoint by Turning Around?

Yes, you are legally allowed to avoid DUI checkpoints in West Virginia, provided that:

• You do so safely without making any illegal maneuvers, such as an unlawful U-turn.
• You avoid committing traffic violations that would otherwise draw attention to your vehicle.

Keeping a low profile and following road laws is crucial when deciding to avoid a checkpoint.

Talk to a Weirton DUI Attorney for Assistance

For individuals facing DUI charges, understanding these legal nuances can significantly impact the outcome of your case. If you or a loved one needs expert legal advice, our criminal lawyers can provide personalized guidance tailored to your situation.

Contact us for a free consultation or call (844) PITT-DUI. Our Weirton criminal lawyer at Logue Law Group is available 24/7 to assist clients in Weirton, Ohio, and West Virginia with DUI defense cases.