DUI Traffic Stop FAQs

The Initial DUI Stop

A Pennsylvania DUI investigation may begin with a traffic stop for a suspected violation, such as failing to stop at a stop sign. The officer must have a lawful basis for the stop; the required standard depends on the reason for stopping the vehicle. During the encounter, observations of driving, speech, balance, or the odor of alcohol may lead to further investigation. There is no universal rule requiring exactly two signs of intoxication. A Pittsburgh DUI attorney can review the officer’s stated reasons, the sequence of events, and available video.

Signs of Intoxication

Law enforcement is trained to identify specific indicators of drinking and driving. However, it’s important to note that these signs may also arise due to other factors. Some common signs include:

• Watery, red, bloodshot, or glassy eyes
• Slurred speech
• Difficulty understanding the officer’s questions
• Instability or swaying while standing
• Argumentative, cheerful, combative, or displaying other inappropriate attitudes
• Stumbling during walking
• Inability to follow directions and multitask
• Flushed face
• Odor of alcohol on the breath
• Fumbling with the wallet while searching for the license
• Unsteady while exiting the vehicle
• Leaning on the car for support
• Untidy or disheveled appearance
• Disorientation regarding location or time

The Blood and Breath Test Requirement

Pennsylvania’s implied consent law, 75 Pa.C.S. § 1547, addresses chemical testing of breath or blood when an officer has reasonable grounds to suspect DUI. After a DUI arrest, refusing a properly requested chemical test can lead to a separate PennDOT license suspension: generally 12 months, or 18 months when specified prior refusal suspensions or DUI sentences apply. The officer’s warnings and the circumstances of the request matter, and the suspension can be appealed. Refusal may also be offered as evidence in the criminal case, but does not automatically establish guilt. Blood-draw authority and the criminal consequences of breath and blood refusals require separate review. A preliminary roadside breath test is different: § 1547(k) excludes its refusal from the refusal-suspension and refusal-evidence provisions in subsections (b) and (e).

Field Sobriety Tests

NHTSA’s standardized field sobriety test battery consists of three tests:

• Walk-and-turn
• One-leg stand
• Horizontal gaze nystagmus test (following a light with your eyes)

Alphabet recitation and finger-to-nose are additional roadside exercises, not part of NHTSA’s three-test standardized battery. Test instructions, administration, medical limitations, footwear, lighting, and surface conditions should be reviewed when evaluating the officer’s conclusions.

DUI Penalties

Pennsylvania DUI penalties depend on the charged subsection, BAC, prior offenses, and other circumstances. A qualifying first general-impairment offense carries probation, a fine, and alcohol highway safety school; it does not carry a conviction-based license suspension when the statutory exception applies. The high-rate BAC tier begins at 0.10%, and the highest-rate tier begins at 0.16%. Other cases can involve incarceration, suspension, treatment, or ignition interlock requirements. A chemical-test refusal suspension is a separate issue. Review the criminal charges and any PennDOT notice together before deciding how to proceed.

Roadside exercises and post-arrest chemical testing raise different questions. For help reviewing your stop, testing records, and license consequences, learn about our Pittsburgh DUI defense services and Pennsylvania traffic defense, or call Logue Law Group at 412.387.6901 for a free consultation.