DUI or DWI conviction and the corresponding penalties can have a profound negative
impact on a person’s life and the lives of those that they care
about. The best, and most obvious, way to avoid a DUI conviction is to
simply not drink and drive. However, if you find yourself being subjected
to a DUI related vehicle stop in Pennsylvania, here is some information
regarding a few of your important rights.
always need a reason to stop you in the first place. Some of the more common
- Traffic law violations
- Invalid registration and tags
- Problems with your car such as broken lights or signals
- Improper window tinting
- DUI checkpoints
You have the right to remain silent under the
U.S. Constitution. This means if a police officer asks you any questions regarding your
consumption of alcohol, medications, or drug use you are
not required to answer.
- A police officer has the right to ask you to get out of the car. However,
once you comply and exit the car you may refuse to take any Field Sobriety Tests.
- Additionally, you have the right to refuse to take any roadside Portable
Breath Test. The Portable Breath Tester is a hand held device used by
police as a preliminary test at the scene of a vehicle stop.
After you are placed under arrest for DUI, the police can ask you to submit
to an official breath, blood, or urine test. You are not absolutely required
you to submit to this form of testing. However, if you refuse to provide
a sample after you have been arrested, Pennsylvania law requires an
automatic suspension of your driver’s license for 6, 12, or 18 months depending upon certain circumstances.
If you or someone you know are charged with DUI or similar crimes, choosing
the right Philadelphia DUI attorney is essential. You should immediately
contact a lawyer who has experience with criminal DUI defense in Pennsylvania.
Changes in the law over the last decade have lowered the blood alcohol
level that renders you “drunk”, made the job of plice easier
and raised the penalties for DUI and refusing to participate in testing.
Tim Tarpey and Jim Lloyd are criminal defense attorneys
and former Philadelphia Assistant District Attorneys with more than 40 years
experience who have handled hundreds of DUI cases. Talk to an experienced attorney
before you face the possibility of imprisonment, loss of your license, and increased
If you or someone you know has questions regarding DUI charges in Philadelphia,
Montgomery, Bucks, or Delaware Counties, contact us for a
free consultation with an experienced criminal defense attorney at (215) 352-3432.