DUI Traffic Stop FAQs

The Initial DUI Stop

A DUI stop often starts with a minor traffic violation, such as failing to stop at a stop sign or driving with a broken taillight. If the officer notices signs that you might have been drinking—like the smell of alcohol or your behavior— they will ask you to perform one or more field sobriety tests on the spot. The officer needs to observe at least two indicators of intoxication before they can request these tests.

Signs of Intoxication

Police officers are trained to look for certain signs of drunk driving. However, it’s worth remembering that many of these signs can be caused by other conditions. A Wheeling criminal lawyer can help argue if these signs were misinterpreted. Some common indicators that officers look for include:

• Watery, red, bloodshot, or glassy eyes
• Slurred speech
• Trouble understanding the officer’s questions
• Swaying or instability while standing
• Being argumentative, overly cheerful, combative, or showing other unusual attitudes
• Stumbling while walking
• Difficulty following directions and multitasking
• A flushed face
• The smell of alcohol on the breath
• Fumbling with a wallet to find a license
• Unsteadiness when getting out of the vehicle
• Leaning on the car for support
• An untidy or messy appearance
• Disorientation about the current location or time

The Blood and Breath Test Requirement

Wheeling, West Virginia operates under an “implied consent” law. This law means that by having a driver’s license, you have already consented to take a chemical test, like a blood or breath test, if a police officer requests it. You can refuse, but doing so leads to an automatic suspension of your driver’s license for at least one year. Furthermore, refusing the test can be used as additional evidence against you to suggest you were driving under the influence. It is wise to consult a Wheeling DUI attorney to understand your rights in this situation.

Field Sobriety Tests

The National Highway Traffic Safety Administration (NHTSA) has created several standardized field sobriety tests to help police gauge a person’s level of impairment. Some of the most frequently used tests are:

• Reciting the alphabet
• The one-leg stand test
• The horizontal gaze nystagmus test (involves following a light or object with your eyes)
• The finger-to-nose test
• Walking and turning in a straight line

A skilled Wheeling criminal lawyer can challenge the administration or interpretation of these tests, especially if they were conducted improperly or under questionable conditions.

DUI Penalties

The penalties for a DUI conviction in Wheeling depend on the specifics of the case. A first-time, basic DUI offense can lead to fines, a driver’s license suspension, probation, and mandatory community service. If your blood alcohol concentration (BAC) is above 0.10 percent, you will face harsher penalties. Any subsequent DUI charges come with even more severe mandatory consequences. Other penalties can include the required installation of an ignition interlock device on your vehicle, enrollment in driver safety training courses, and participation in alcohol rehabilitation programs. If you’re facing DUI charges, call 844.PITT.DUI to speak with an experienced Wheeling DUI attorney who can help protect your rights and guide you through the legal process.