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DUI Traffic Stop FAQs
The Initial DUI Stop
When you’re pulled over for a DUI stop, it usually starts with a minor traffic violation, such as failing to stop completely at a stop sign or having a broken taillight. If the officer suspects you’ve been drinking—maybe because of your behavior or the smell of alcohol—they’ll likely ask you to perform some field sobriety tests right there on the road. The officer needs to see at least two indicators of intoxication to justify these tests.
Signs of Intoxication
Police officers are trained to spot certain signs that might suggest someone is driving under the influence. However, it’s crucial to remember that these signs can sometimes be caused by other factors. Common signs include:
- Watery, red, bloodshot, or glassy eyes
- Slurred speech
- Trouble understanding what the officer is asking
- Unsteady or swaying stance
- Being argumentative, overly cheerful, combative, or showing other inappropriate behaviors
- Tripping or stumbling while walking
- Difficulty following directions and multitasking
- Flushed face
- Smell of alcohol on the breath
- Dropping or fumbling the wallet while searching for a license
- Lack of balance when getting out of the car
- Leaning on the car for balance
- Disheveled or messy appearance
- Confusion about your location or the time
The Blood and Breath Test Requirement
In Pennsylvania, when you get a driver’s license, you automatically agree to take blood and breath tests if an officer requests them—this is known as the implied consent law. You can refuse to take these tests, but doing so will automatically suspend your license for a year or more. Additionally, refusing the test could serve as further evidence of drunk driving.
Field Sobriety Tests
To determine whether someone is intoxicated, the National Highway Traffic Safety Administration has established several standardized field sobriety tests. Some commonly administered tests include:
- Reciting the alphabet
- Standing on one leg
- The Horizontal Gaze Nystagmus test (following a moving light with your eyes)
- Touching your nose with your finger
- Walking in a straight line
DUI Penalties
The consequences of a DUI offense depend on its severity. For a first-time DUI offense, you might face fines, driver’s license suspension, probation, and community service. If your blood alcohol concentration is above 0.10 percent, there will be additional penalties. Subsequent DUI offenses come with even tougher mandatory penalties. Additional consequences might include the installation of an ignition interlock device, mandatory driver safety training classes, and participation in alcohol rehabilitation programs. For a free consultation call us at (844) 748-8384. Our Greensburg criminal lawyers are here to help you.