Traffic stops for suspected impaired driving follow specific procedures that law enforcement officers must observe. A DUI attorney can review these procedures to determine whether they were properly followed during a particular stop and arrest.When officers observe driving behaviour that suggests impairment, they initiate a traffic stop. Common indicators include weaving between lanes, driving significantly below the speed limit, making wide turns, stopping inappropriately, or responding slowly to traffic signals. Officers must have reasonable suspicion of a traffic violation or criminal activity to justify stopping a vehicle.During the initial interaction, officers observe the driver's appearance, speech, and behaviour.
They look for signs such as bloodshot eyes, slurred speech, the smell of alcohol, or fumbling with documents. However, many of these observations can have innocent explanations unrelated to alcohol consumption. Fatigue, allergies, nervousness, or medical conditions can produce similar symptoms.If officers suspect impairment, they typically ask the driver to perform field sobriety tests. These standardised tests include the horizontal gaze nystagmus test, walk-and-turn test, and one-leg stand test. Participation in these tests is voluntary in Virginia, though many people are unaware of this fact. Officers do not always clearly explain that drivers can decline to perform these tests without immediate legal consequences.Following field sobriety tests, officers may request a preliminary breath test using a portable device. This test is also voluntary and its results are generally not admissible in court. However, officers often use these preliminary results to establish probable cause for arrest.
Once arrested, individuals are transported to a police station or medical facility for chemical testing. Virginia's implied consent law requires drivers to submit to blood or breath testing after a lawful arrest. Refusing these tests triggers an automatic administrative licence suspension separate from any criminal charges. The suspension period for refusal can be longer than the suspension for a conviction in some cases.At the station, officers must observe the individual for a specific period before administering breath tests to ensure no mouth alcohol is present. They must also inform the person of their rights and the consequences of refusing testing.
Proper adherence to these protocols is essential for test results to be valid.Throughout this process, individuals have the right to remain silent and request legal counsel. Many people unknowingly make statements that later complicate their cases. Understanding these rights and exercising them appropriately is important. Consulting with a DUI attorney after an arrest helps individuals understand what occurred during their stop and whether any procedural violations took place that could affect their case.
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