The law makes it illegal to drive after having too much to drink. Individuals arrested for driving under the influence (DUI) charges are at risk of incarceration, financial penalties and license suspension. They may also face consequences for having a criminal record.
For those who do occasionally enjoy alcoholic beverages, an understanding of when they might be subject to police scrutiny is important. Most people want to avoid breaking the law or having any kind of unpleasant exchange with police officers.
There are typically three specific scenarios in which drivers may find themselves at risk of DUI charges. What situations have the strongest association with DUI arrests?
1. Sobriety checkpoints
When there are major events like college football games or holidays, police departments are on high alert. Celebrations that may involve alcohol can potentially lead to a noticeable uptick in drunk driving.
A DUI roadblock or sobriety checkpoint is a mass enforcement tool regularly used by West Virginia. Federal Supreme Court rulings and state policies permit such checkpoints. Roadblocks put people at risk of arrest if they draw the attention of police officers and fail the testing administered at the checkpoint.
2. One-on-one traffic stops
Many DUI charges result from technical violations. Drivers are over the legal limit for their blood alcohol concentration (BAC) or show signs of having impaired driving ability.
In some cases, police officers pull people over for other issues, only to realize during the interaction that the person might be under the influence of alcohol. One-on-one traffic stops can easily escalate if people admit to having consumed alcohol recently or if they display signs of chemical intoxication.
3. Motor vehicle collisions
Police officers responding to the scene of a crash need to determine what caused the incident. They may decide to conduct chemical testing as a matter of course. They may also test drivers due to concerns expressed by the people involved in the crash or any witnesses present when it occurred.
Each of those situations may lead to a slightly different criminal case against the driver accused and may require a different defense strategy. Reviewing what led to DUI charges can help drivers respond effectively after getting arrested. With proper support, many people wrongfully accused of impaired driving can avoid criminal convictions.