When you’re pulled over for a suspected DUI in Pennsylvania, knowing your rights is crucial. At Kellis Law Firm, we emphasize the importance of understanding these rights to ensure you can protect yourself during such a critical moment. Keep reading for an in-depth look at your DUI rights when pulled over, as explained by our Pennsylvania DUI lawyers.
The right to remain silent
One of your fundamental rights during a DUI stop is the right to remain silent. You are required to provide your name, license, registration, and proof of insurance to the officer, but you are not obligated to answer questions about where you have been, whether you have been drinking, or how much alcohol you have consumed. Politely informing the officer that you choose to exercise your right to remain silent can prevent self-incrimination.
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The right to refuse field sobriety tests
In Pennsylvania, you have the right to refuse field sobriety tests without direct legal penalties. These tests are designed to assess your physical and cognitive function, including walking in a straight line or standing on one leg. It’s important to understand that these tests can be subjective, and failing them can provide additional evidence against you. Refusing to participate in these tests cannot be used as evidence of guilt in court.
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The right to refuse portable breath tests
Before an arrest, you may also refuse a portable breath test (PBT) without statutory penalties. These devices are used at the roadside to estimate your blood alcohol concentration (BAC). However, they are less accurate than the standard breathalyzer tests administered at police stations. Refusal to take a PBT cannot result in license suspension or be used to infer guilt.
Implied consent and chemical testing
Once arrested, Pennsylvania’s implied consent law (Title 75 § 1547 of the Pennsylvania Vehicle Code) comes into play. This law states that by driving in Pennsylvania, you consent to chemical testing (blood, breath, or urine test) if you are arrested for a DUI. Refusal to submit to these tests after an arrest can result in harsher penalties, including a mandatory one-year driver’s license suspension and the imposition of harsher sentencing if convicted of DUI.
The right to legal representation
You have the right to contact an attorney as soon as practical after you are detained. While you might not have the right to have an attorney present during roadside testing, you can consult with one as soon as you are taken to the police station. Kellis Law Firm strongly advises individuals to seek legal advice before submitting to chemical testing or signing any documents.
How Kellis Law Firm can help
If you’ve been pulled over for a DUI in Pennsylvania, having experienced legal representation is crucial. Kellis Law Firm specializes in DUI defense, and we can help you understand and navigate the complexities of your case. From challenging the legality of the traffic stop to defending against charges based on chemical test results, our firm is committed to protecting your rights and securing the best possible outcome.
Know your rights and get started on a strong defense
Knowing your DUI rights when pulled over can significantly impact the outcome of your case. By understanding and asserting your rights when police stop you, you can help protect yourself from self-incrimination and potential wrongful convictions. If you are in this situation, remember to exercise these rights wisely and contact Kellis Law Firm promptly to ensure you have strong legal support at every step.