Delaware County DUI Defense Lawyer

Getting a DUI can haunt you for years to come. You may lose your license or even go to jail. If you are charged, get a lawyer to help you defend yourself and hopefully avoid a conviction.

During a DUI stop, if the police notice slurred speech, a strong odor of alcohol, open containers, or other signs of intoxication, they may have probable cause to arrest. Once arrested, you are legally required to submit to chemical testing to assess your blood alcohol concentration. The higher your BAC, the worse your charges may be. Contact an attorney as soon as possible to begin challenging your charges.

For a free, private legal analysis from our DUI defense lawyers, call the Liberty Law Team at (215) 709-7431.

What Happens During a DUI Stop?

DUI stops are never pleasant, but the police must follow strict laws and procedures before they can arrest you. If you believe proper protocol was not followed, tell your lawyer immediately.

Being Pulled Over

The police may not stop you arbitrarily or based on a “gut feeling.” They must have reasonable suspicion that amounts to articulable evidence that suggests the driver has broken the law or done something wrong. The police do not need reasonable suspicion of intoxication. Often, traffic stops occur because of minor issues, like broken traffic lights or speeding.

Questioning

Once you have been pulled over, police may approach your car, ask you questions, and gather probable cause to arrest you. Probable cause includes evidence or observations that suggest the driver is intoxicated. Probable cause is similar to reasonable suspicion, but it is a higher standard of proof and requires more evidence and information.

Arrest or Release

Police must establish probable cause to arrest you or release you with a citation or warning. In Pennsylvania, the police may detain someone at a traffic stop for as long as reasonably necessary to address the initial violation. If you were stopped for speeding and the police have resolved the issue (e.g., issuing a traffic citation), they may not continue to investigate for a DUI without evidence.

Are You Required to Submit to Chemical Testing for a DUI in Delaware County?

Roadside or portable breath tests before arrest are not mandatory, and you may decline. However, if you are arrested for a DUI, you are legally obligated to submit to chemical testing so that the authorities may assess your BAC. If you refuse, you may face additional penalties.

What Happens if You Refuse Chemical Testing After a DUI Arrest?

If you refuse mandatory, post-arrest chemical testing, you may face penalties in addition to the DUI. Even if the DUI is ultimately dropped or you are found not guilty, you will still face penalties for refusal of chemical testing.

Generally, drivers may have their license suspended for 12 months if they refuse mandatory chemical testing. If you have refused chemical testing before for a prior offense, you may lose your license for 18 months.

What Evidence of Intoxication Do Police Look For During DUI Stops?

The police may look for various signs of intoxication. Below are common examples of what the police look for to establish probable cause.

Odor of Alcohol

When a person consumes a lot of alcohol, the smell is often very noticeable about their person and on their breath. When the police pull you over, they may take note of what your breath smells like and whether they can smell alcohol coming from inside your car.

Slurred Speech

Alcohol can make it difficult to talk when you drink too much. People often speak with slow, slurred speech. The more a person drinks, the more pronounced their slurred speech becomes. If police notice slurred speech, they may become highly suspicious.

Open Containers

Driving with an open container of alcohol (e.g., open cans or bottles) is not just a possible sign of intoxication, it is flat-out illegal. If the police notice open alcohol containers in your car, you may be charged with a summary offense even if you did not drink from the container. If the container is empty or partially empty, the police will suspect that you have been drinking while driving.

Are You Required to Perform Field Sobriety Tests in Delaware County?

Field sobriety tests are a series of physical exercises the police may administer to test a person’s reflexes and determine whether they are intoxicated. Common tests include standing on one leg, walking heel-to-toe in a straight line, or following a pen with your eyes only. You are not required to perform these tests if asked.

The police use these tests to gather probable cause to arrest a driver for a DUI. Refusal to perform these tests may not be used against you.

What if Your Blood Alcohol Concentration Measurements Are Incorrect?

BAC measurements after chemical testing are not always accurate or reliable. If there is any reason why you believe your BAC is incorrect or should not be trusted, our DUI defense attorneys may challenge the results. For example, if the equipment was not calibrated or not working properly, the results should be questioned.

Will You Lose Your Driver’s License After a DUI?

For a first offense with a BAC of less than .10%, you may not lose your license. However, if your BAC is higher, or you are facing a subsequent offense, you will likely see your license suspended.

Penalties are categorized as general impairment, high rate of alcohol, and highest rate of alcohol. You might not lose your license for a first offense of general impairment. However, a high rate of alcohol (BAC of 10% to .15%), or a highest rate of alcohol (a BAC of .16% or higher) may lead to a 12-month suspension for a first offense. Subsequent offenses may carry longer suspensions.

Challenging the Reason Behind Your DUI Stop

The police must have reasonable suspicion to conduct a traffic stop. If no reasonable suspicion existed, the stop may be considered arbitrary and unlawful, and any evidence the officer observed during the stop may be excluded from the case.

In addition, police must have probable cause to arrest you. Even if you were pulled over for a legitimate reason, the police must prove that additional evidence of a DUI existed to justify arresting you. If they cannot, any evidence they obtained through the unlawful arrest may be excluded from the case.

Can You Be Charged with a DUI for Involuntary Intoxication?

Yes. The Pennsylvania Superior Court ruled that DUI offenses are strict liability offenses, and prosecutors do not have to prove intent. Whether you were intoxicated by your own choice or not, you may face charges.

However, we may be able to urge prosecutors to drop or reduce charges based on claims of involuntary intoxication. For example, if you were unknowingly drugged at a party before trying to drive home, prosecutors may show leniency.

Ask Our Delaware County DUI Defense Attorneys for Legal Help

For a free, private legal analysis from our DUI defense lawyers, call the Liberty Law Team at (215) 709-7431.