When law enforcement pulls an individual over for suspected drunk driving, they look for specific indicators to determine whether a driver is under the influence. Keep reading to learn more.
Drivers and law enforcement operate under a legal allowance called implied consent. Implied consent allows police to pull over drivers if they suspect criminal activity because drivers, by virtue of taking to the road. In other words, drivers give their implied consent to a police search when they decide to drive on public roads.
A law enforcement officer may have the right to search a vehicle if they have probable cause and/or reasonable suspicion that a driver may be impaired.
There are key indicators that may raise concerns about a motorist including:
- Straddling lane lines
- Weaving across lanes
- Turning with an excessively wide radius
- Nearly striking other vehicles or structures
- Braking issues
- Varying speed
- Excessively slow speed
- Accelerating or decelerating for no reason
- Driving in the opposite lane
These actions could alert police to a potential DUI and may count toward probable cause and is likely to warrant a search of the vehicle.
If an officer has enough grounds to stop a driver, they may do a check for physical indicators once they are able to ask the driver to roll down the window. If there are sufficient indicators, and the driver fails to pass a sobriety test, they could face arrest.
Common physical signs of inebriat9ion include:
- Difficulty maintaining eye contact
- Slurred speech
- Erratic behavior
- Poor balance
- Eye skipping
If any of these indicators are present, the police officer may perform a field sobriety test or breathalyzer. It is important to note that once there is concrete evidence of intoxication police can make an arrest and file charges. It may also be harder to build a case against the charges.
Defending Against DUI Charges
If you have been charged with a DUI in West Virginia, you must enlist the help of our attorney. The Wagner Law Firm has experience with a variety of DUI cases from first offenses to DUIs with fatalities.
When you need dependable counsel contact The Wagner Law Firm.