While the police may pull over a vehicle if they have a suspicion that a driver is drunk, they may not have evidence to support charging the driver for driving under the influence.
There are several ways the police may collect evidence to charge a driver with a DUI or DWI. Let’s look at some of the tests officers may perform.
Standardized field sobriety tests
The police may ask a driver to step outside their vehicle and perform a standardized field sobriety tests. The three most common standardized field sobriety tests are:
- Walk-and-turn test
- One-legged stand test
- Horizontal nystagmus test
By having a driver perform these tests, the police can gather evidence that helps prove a driver is drunk and make an arrest based on probable cause. For example, a driver may repeatedly stumble during one of these tests or have difficulty following instructions. Both of these could be signs of inebriation.
It should be noted that sobriety tests are voluntary. Drivers do not have to consent to standardized field sobriety tests in West Virginia.
Chemical sobriety tests
The driver may be asked to take a chemical sobriety test, such as a breath test. This test evaluates the amount of alcohol in a driver’s body, which is called the blood alcohol content (BAC). The more alcohol a driver consumes, the higher their BAC level is. If a driver’s BAC level is 0.08% or higher, they could be arrested and charged with a DUI or DWI.
Under implied consent laws, if a driver refuses a chemical sobriety test, they could be arrested and charged for drunk driving and have their driver’s license suspended. Drivers can learn how to protect their rights if they’ve been arrested by seeking legal guidance.
