DUI FAQ

Here are some common questions about DUI that our criminal attorneys have answered.

What do police look for when identifying drunk drivers?

In Wheeling, as in other places, police officers are trained to spot signs of erratic or inconsistent driving, which often signal a DUI. If an officer observes these behaviors, they have grounds to pull you over. Examples include:

• Weaving or swerving across the road
• Driving significantly below the speed limit
• Drifting over the lane markers

If an officer suspects you are impaired, they will signal for you to pull your vehicle to the side of the road.

What can I expect after being pulled over?

Once you are stopped, the officer will look for physical indicators of intoxication. These signs can include fumbling to find your license, the scent of alcohol on your breath or in your car, red or bloodshot eyes, and slurred speech. They might also engage you in conversation to see if you can understand and respond clearly. A Wheeling criminal lawyer can explain how these observations are used as evidence. In some situations, they may ask you to get out of your vehicle to check if you are swaying or seem unsteady on your feet.

What should I say if asked if I’ve been drinking?

It is critical to never admit to consuming alcohol when questioned by police. Anything you say can be used against you in court. It’s best to refrain from making any statements until you have a lawyer present. If the officer continues to question you, politely decline to answer and state your wish to contact your Wheeling DUI attorney. It is important to remain calm and not argue with the officer if they decide to arrest you. Avoid any behavior that could be seen as confrontational.

Do field sobriety tests impact the charges, and should I take one?

Legally, field sobriety tests can influence your case. However, the practical reality is often different. In many cases, an officer has already decided you are impaired before even administering the test and is using it simply to gather more evidence against you. If you are intoxicated and take the test, you are voluntarily providing them with more proof. On the other hand, refusing the test can strengthen their suspicion that your blood alcohol level is over the legal limit. In this scenario, it is wise to politely refuse the test and ask to speak with yourWheeling criminal lawyer.

Should I agree to 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 a DUI if your BAC is 0.08% or higher. Refusing to take this test can lead to an automatic one-year suspension of your driver’s license.

Cooperating with these tests has both pros and cons. If your BAC is in the “General Impairment” range of 0.08% to 0.099% and you have no prior DUI convictions, taking the test can result in lesser penalties. Conversely, if you have had a significant amount to drink (more than three large glasses) and have previous DUI convictions, refusing the test might help you avoid more severe consequences. Consulting a Wheeling criminal lawyer can help you understand the best course of action.

Are police required to read me my Miranda rights?

Miranda rights must be read during a “custodial interrogation,” not during a routine traffic stop for suspected DUI. A custodial interrogation happens when you are formally in police custody and they are questioning you to get an incriminating response. Therefore, it is common for an officer not to read you your rights when they first pull you over.

Can I turn around if I see a DUI checkpoint ahead?

Yes, in West Virginia, you have the legal right to avoid a DUI checkpoint. However, you must do so safely and legally. Make sure you do not break any other traffic laws, such as making an illegal U-turn or driving erratically, as this will give the police a separate reason to pull you over. A Wheeling DUI attorney can provide more specific advice on this topic.

For a free consultation with a DUI defense attorney in Wheeling, contact us online today or call us at (844) PITT-DUI. Logue Law Group is available 24/7 to assist you.