DUI FAQ

Here are some frequently asked questions about DUIs answered by our Wellsburg criminal attorneys.

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

In Wellsburg, police officers are trained to identify specific driving patterns that often signal a driver might be under the influence. These behaviors are usually the first red flags that lead to a traffic stop. If an officer notices these actions, they will likely pull your vehicle over for a closer look.

Examples of these driving behaviors include:

• Weaving, swerving, or drifting within or across lanes.
• Driving significantly slower than the posted speed limit without a clear reason.
• Driving on the center line or lane markers.

If a police officer observes these signs and suspects you are impaired, they will signal for you to pull your vehicle safely off the road. It’s important to understand what triggers these stops, and a knowledgeable Wellsburg DUI attorney can provide more detailed insight into police procedures.

What Will the Police Do After They Stop You?

Once you are stopped, the officer’s attention will shift to looking for physical signs of intoxication. They are trained to observe your appearance and behavior closely. These signs can include:

• Fumbling or having trouble finding your license, registration, or insurance.
• The smell of alcohol on your breath or coming from inside your vehicle.
• Bloodshot or glassy eyes.
• Slurred speech or difficulty forming clear sentences.
• A general state of disorientation or confusion.

The officer will likely start a conversation with you. This isn’t just small talk; they are assessing your ability to understand their questions and provide coherent answers. In some situations, they may ask you to get out of your car to see if you sway, stumble, or seem unsteady on your feet. If you find yourself in this situation, consulting with a Wellsburg criminal lawyer is a critical next step to protect your rights.

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

It is extremely important to never admit to drinking alcohol when questioned by a police officer. Any statement you make, no matter how insignificant it seems, can be misinterpreted and used against you in court. The best course of action is to avoid answering questions until you have a Wellsburg criminal lawyer present to advise you.

If the officer continues to question you, you should politely but firmly state that you will not be answering any questions and that you would like to contact your attorney. It is vital to remain calm and cooperative. Do not argue or become confrontational with the officer, even if they proceed to arrest you. Any behavior that could be seen as aggressive might only complicate your situation. Your silence is a protected right, and a Wellsburg DUI attorney will ensure it is respected.

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

Legally speaking, field sobriety tests can indeed impact your case. However, the practical reality is often different. In many DUI stops, the officer may have already concluded that you are impaired before even administering the test. The test is often used simply as a way to gather more evidence to support their decision to arrest.

By agreeing to take the test while intoxicated, you are essentially providing the prosecution with more evidence to use against you. On the other hand, refusing the test can strengthen the officer’s suspicion that your blood alcohol level is over the legal limit. Given these complexities, it is generally advisable to politely decline to take the test and immediately ask for permission to speak with your Wellsburg DUI attorney. This decision can significantly influence the defense strategy your lawyer will build.

Should I Take a Blood or Breath Test?

Chemical tests—which include blood, breath, or urine analysis—are used to measure your blood alcohol concentration (BAC). You can be charged with driving under the influence (DUI) if your BAC is 0.08% or higher. A refusal to submit to this testing can lead to an automatic one-year suspension of your driver’s license.

The decision to refuse these tests has both pros and cons. If you have had no prior DUI charges and your BAC is likely in the “General Impairment” range of 0.08% to 0.099%, it is often better to take the test to face lesser penalties. Conversely, if you have consumed a significant amount of alcohol (more than three large drinks) and have previous DUI convictions, refusing the test might be a strategic move to avoid more severe consequences. A Wellsburg criminal lawyer can offer immediate guidance in this high-stakes situation.

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

Your Miranda rights must be read to you only when you are in custody and being interrogated. This is known as a “custodial interrogation.” A routine traffic stop for a suspected DUI does not typically meet this standard. Therefore, the police officer is not required to read you your rights at the moment they pull you over. Rights are typically read after an arrest has been made and before questioning about the crime begins. Speaking with a Wellsburg DUI attorney can clarify when your rights should have been read.

If I See a DUI Checkpoint, Can I Turn Around and Go Back the Other Way?

Yes, in Pennsylvania, you are legally permitted to avoid a DUI checkpoint. If you see one ahead, you can turn around and take an alternate route. However, you must do so legally. Be sure that your maneuver does not attract unnecessary police attention or violate any traffic laws. For example, making an illegal U-turn or committing another traffic infraction while avoiding the checkpoint will give an officer a valid reason to pull you over.

For a complimentary consultation with a Wellsburg DUI attorney in Wellsburg, Ohio, or Pennsylvania, reach out to us online today or call us at (844) PITT-DUI. Logue Law Group is available 24/7 to assist you. A consultation with a Wellsburg criminal lawyer is the first step toward building your defense.