In Pennsylvania, along with the rest of the US, DUI is a very serious crime. The penalties are stiff and the charges will negatively impact your entire life. At Casale & Bonner P.C., we don’t want you to suffer through the consequences if you don’t have to. Step one in staying away from a DUI charge is education.
What is DUI?
DUI, or driving under the influence, is the charge brought against a driver who is impaired by alcohol or drugs — even prescription drugs.
Anatomy of an Arrest
If a police officer sees any behaviors that lead them to believe you may be under the influence of alcohol or drugs, they will pull you over. The first thing they will do is make observations: check if your eyes are bloodshot; listen for slurred speech; smell for alcohol in the care; etc. Typically, they will then ask the driver to exit the vehicle.
Roadside testing may include standing on one leg, walking and turning, and a breath test for alcohol intoxication. If the results of any of these tests give the officer probable cause to believe you are impaired, they will arrest you for DUI. You will be handcuffed and placed in the police vehicle for transportation to the closest place for blood testing. You may receive your Miranda rights at this time.
When you arrive at the local hospital or other blood collection station, you will be asked to submit to a blood alcohol test (BAC). You do not have to give consent, but be aware that in Pennsylvania, you do not have the right to refuse. If you do refuse, there will be consequences including suspension of your driver’s license for at least a year. This year is the result of your refusal, not the DUI charge. If you are found guilty of DUI and receive drivers license suspension time, this will be added to the refusal to take the BAC time. Please be aware that during this time, you do not have a right to a lawyer. You must make this decision on your own, knowing the consequences.
After the test, you will likely be detained and have a right to call Casale & Bonner at 570-326-7044 for legal advice and representation.
The best idea is to avoid driving under the influence altogether. If you are drinking or imbibing in any kind of substance that impairs your ability to safely operate a motor vehicle, don’t get behind the wheel. Ask a friend who has not been drinking to give you a ride. Call a taxi or Uber. Find a way to stay off the road. The best defense is a good offense. Don’t get behind the wheel of a car and you can’t be pulled over.
Contact us with any questions or to retain our services.