What Should I Do If I Am Pulled Over For Suspected DUI?
If you are pulled over for suspected DUI in Lancaster, calmly follow the officer’s instructions, don’t admit you’ve had a drink, and be mindful of what you say and do during the stop. Your actions in those moments can affect what happens next. Whether you’ve been arrested for or charged with DUI, our Lancaster DUI defense attorney at the Law Office of Stephen W. Grosh can help. Meanwhile, here are some guidelines on what to do and not to do during a DUI stop.
What Should I Do Immediately During a DUI Stop in Lancaster?
Start by keeping the interaction controlled and respectful.
- Pull over safely and promptly
- Keep your hands where the officer can see them, on the steering wheel, if possible
- Provide your license, registration, and proof of insurance when requested
- Cooperate, stay polite, and follow basic instructions from the officer
Remember, the officer may already be forming an impression based on your driving behavior. How you respond during the stop can influence how the situation develops. However, even when you follow all the proper guidelines, an officer may still arrest you if they believe probable cause exists.
When Should I Contact a DUI Defense Attorney in Lancaster after a DUI stop?
You should contact a Lancaster DUI defense lawyer as soon as possible after a DUI stop, even before charges are filed, because early decisions can significantly affect your defense. They can make sure your legal rights are protected during the interrogation, collect evidence, including bodycam and dashcam footage promptly, clarify your options, ensure you understand the possible charges and penalties, and start building your defense right away.
What Should I Say or Not Say to The Officer?
You are required to provide identification, but you’re not required to answer every question. It’s usually better to:
- Answer basic identification questions
- Don’t admit that you’ve had anything to drink
- Avoid guessing or speculating
- Keep your responses short, clear, and courteous
What Mistakes Should I Avoid During a DUI Stop?
Certain actions can make the situation more difficult. These include:
- Arguing with the officer or becoming confrontational
- Making unnecessary statements
- Guessing answers to questions
- Acting in a way that increases suspicion
Staying controlled and aware of what’s happening can help avoid additional issues.
Do I Have to Take Field Sobriety Tests in Lancaster?
No, field sobriety tests are generally voluntary in Pennsylvania. These roadside tests, such as walking in a straight line or standing on one leg for a time, are subjective and can be affected by:
- Fatigue or physical limitations
- Medical conditions
- Stress and nervousness during the stop
- Lighting and road conditions
You can also refuse a preliminary breath test (PBT) with no automatic legal consequences if you’re over 21 years old. This is the portable version of the breath test that police use during a stop, and not the chemical test the police use in the station after a DUI arrest.
What About The Chemical Breath or Blood Testing?
Yes, you can legally refuse a chemical breath or blood test. However, doing so will automatically result in your license being suspended and other severe administrative penalties due to Pennsylvania’s Implied Consent Law. Under 75 Pa.C.S. § 1547, by driving on state roads, you have already “implied” your consent to these tests if you’re lawfully arrested for a DUI. Your refusal can also be used as evidence in court.
A first refusal can trigger a 12-month license suspension, while repeat refusals can lead to 18 months or more. Courts may also impose higher fines and stricter sentencing if you are later convicted of DUI.
Get Legal Help From Our Lancaster DUI Defense Lawyer Now
To learn more about what our DUI defense attorney in Lancaster can do for you, schedule your confidential case evaluation by contacting the Law Office of Stephen W. Grosh at 717-208-4599 or emailing us.
Categories
Business Law Criminal Defense Custody DUI Charges Divorce Law Firm News Injuries UncategorizedRecent Posts
How Can I Modify an Existing Child Custody Order in Pennsylvania? Can Grandparents or Other Relatives Obtain Custody or Visitation Rights in Pennsylvania? What Should I Do If I Am Pulled Over For Suspected DUI? What is The Difference Between Legal Custody and Physical Custody? How Can a DUI Charge Affect My Driver's License?RSS Feed
Subscribe To This Blog’s Feed