DUI Traffic Stops FAQs

The Initial DUI Stop

A DUI stop usually starts with a minor traffic violation, such as failing to stop completely at a stop sign or driving with a broken taillight. If a police officer pulls you over and suspects you have been drinking—perhaps due to your actions or the smell of alcohol—they will likely ask you to perform one or more field sobriety tests on the side of the road. It is important to note that the officer must have observed at least two indicators of intoxication before they can legally administer these tests.

Common Signs of Intoxication

Police officers are trained to look for specific signs that a driver may be under the influence. However, many of these indicators can also be caused by other factors, such as fatigue, illness, or nervousness. If you are facing charges, a skilled Wellsburg criminal lawyer can help examine the evidence presented against you. Some common signs that officers look for include:

• Watery, red, bloodshot, or glassy eyes
• Slurred or unclear speech
• Trouble understanding the officer’s questions
• Swaying or instability while standing
• Being argumentative, overly cheerful, combative, or showing other unusual attitudes
• Stumbling or difficulty walking
• Inability to follow instructions or multitask
• A flushed or reddened face
• The smell of alcohol on the breath
• Fumbling with a wallet when asked for a license
• Unsteadiness when getting out of the vehicle
• Leaning on the car for balance
• An untidy or disheveled appearance
• Disorientation about time or location

The Requirement for Blood and Breath Tests in Wellsburg

Wellsburg follows an “implied consent” law. This law means that by having a driver’s license, you have already consented to take a blood or breath test if a police officer requests it during a DUI stop. While you can refuse to take these tests, doing so comes with serious consequences. Refusing a test will lead to an automatic suspension of your driver’s license for a year or more. Additionally, the prosecution can use your refusal as further evidence that you were driving under the influence. A Wellsburg DUI attorney can explain your rights and the implications of this law in more detail.

Understanding Field Sobriety Tests

The National Highway Traffic Safety Administration (NHTSA) has created several standardized field sobriety tests to help officers gauge a person’s level of impairment. These tests are designed to assess coordination, balance, and the ability to follow instructions. Some of the most frequently used tests include:

• Reciting the alphabet
• The one-leg stand test
• The horizontal gaze nystagmus test (involving following a light or object with your eyes)
• Touching your finger to your nose
• Walking in a straight line, heel-to-toe

It’s crucial to understand that performance on these tests can be affected by various factors unrelated to alcohol consumption. If you believe your rights were violated during a traffic stop, consulting a Wellsburg criminal lawyer is a critical step.

Penalties for a DUI Conviction

The penalties for a DUI offense in Wellsburg can vary significantly based on the specifics of the case. For a first-time, simple DUI, you could face fines, a driver’s license suspension, probation, and mandatory community service. If your blood alcohol concentration (BAC) is above 0.10 percent, the penalties become more severe. Subsequent DUI charges bring even stricter mandatory sentences, reflecting the state’s serious stance on repeat offenses. Other potential consequences include the required installation of an ignition interlock device in your vehicle, mandatory participation in driver safety training classes, and attendance at alcohol rehabilitation programs. An experienced 844.PITT.DUI Wellsburg DUI attorney can navigate the legal system on your behalf and work towards achieving the best possible outcome for your case. Free consultation at our Logue Law Group.