What Should I Do if I am Pulled Over for a DUI in Pennsylvania?

If police pull you over for a suspected DUI in Pennsylvania, remember your rights, stay calm, and try to advocate for yourself. This is often easier said than done. Police interactions can cause panic, making clear thinking tough. No matter what you did or said, you can always turn to a DUI defense attorney in Lebanon, PA for help. As you consider the best way to handle a traffic stop, it’s important to focus on what you should and should not say to the officer.

Avoid Saying Unnecessary Things

During a traffic stop, you are required to stop your vehicle and provide your driver’s license, insurance, and registration. Beyond these essentials, your obligations are minimal. You may decline to answer questions, and most lawyers recommend that you do so. The Constitution ensures that authorities cannot treat silence as an admission of guilt.

You can inform the officer that you respectfully decline to answer. You might also state you are invoking your right to remain silent. Some individuals say they are “taking the fifth,” a reference to the Fifth Amendment. Whatever you say, the officer must immediately end the questioning. Next, it’s helpful to understand how your rights and the situation change as the encounter progresses.

Understand the Difference Between a Traffic Stop and an Arrest

An initial traffic stop is not an arrest. When a police officer pulls you over, they are looking for evidence that could lead to an arrest. They do not yet have reason to arrest you. You could provide them with reasons to arrest you, but no logical person would do this.

Until you are under arrest, police officers have no legal authority to force you to do anything. This includes blowing into a device like a Breathalyzer. You can refuse these tests, but refusal usually leads to an automatic driver’s license suspension under Pennsylvania’s Implied Consent Law, even if you are not later convicted of DUI. This suspension can be for 12 months or longer, and you may still face other charges.

You can also refuse to participate in so-called “field sobriety tests.” These include exercises such as standing on one leg, walking along a straight line, or reciting the alphabet backward. Refusing field sobriety tests is not subject to license suspension in Pennsylvania, but refusing chemical or blood tests can have legal consequences. The only purpose of these exercises is to provide officers with more reasons to arrest you. Again, no logical person would ever do this.

Ask to Speak with a Lawyer

If you’re not sure what to do or say during your traffic stop, you can always ask to speak with a lawyer. You have this right, and police must allow you to speak with an attorney in a reasonable time. After meeting with your lawyer, you can plan your next steps with more confidence. The right legal support can make a significant difference as you navigate DUI charges.

Can a DUI Defense Lawyer in Lebanon, PA, Help Me?

Whether you’re reading this article during a traffic stop or after an arrest, a defense attorney in Pennsylvania can help. It makes sense to remain silent and refuse to take a breath test, though most people learn their rights only after arrest. Contact Feeman Law Offices at (717) 273-1763 to learn more. You can also find us online.