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Frequently Asked Questions About DUI

Below, our legal team in Harrisburg provides clear answers to common questions regarding Driving Under the Influence (DUI).

What Signs Do Police Look For When Spotting Drunk Drivers?

In Harrisburg and throughout Pennsylvania, law enforcement officers are specifically trained to identify erratic or inconsistent driving patterns. These visual cues are typically the first indication of a potential DUI. If an officer observes these behaviors, they will likely initiate a traffic stop. Common signs include:

  • Weaving in and out of lanes or swerving.
  • Driving significantly below the posted speed limit.
  • Straddling the center lane marker.

If the officer suspects you are impaired based on these observations, they will ask you to pull over. If you find yourself in this situation, it is beneficial to understand how a Harrisburg DUI attorney can assist you.

What Happens After the Police Stop You?

Once your vehicle is stopped, the police will immediately assess you for physical symptoms of intoxication. They are looking for specific indicators, such as:

  • Fumbling or clumsiness when retrieving your driver’s license.
  • The scent of alcohol on your breath or emanating from the car.
  • Bloodshot or glassy eyes.
  • Slurred speech or general confusion.

Officers may also engage you in conversation to test your ability to comprehend questions and respond appropriately. You might be asked to step out of the vehicle so they can check your balance and steadiness. In complex legal situations involving serious offenses, having the contact information for a Harrisburg federal criminal lawyer team is crucial.

How Should I Respond If Asked About Drinking?

It is critical that you never admit to consuming alcohol when questioned by police. Any statement you make can be taken out of context and used against you in court. The best course of action is to avoid providing any statements until your lawyer is present.

If the police continue to question you:

  • Politely decline to answer.
  • Explicitly request to speak with your Harrisburg DUI attorney.
  • Do not argue or become confrontational with the officer.
  • If you are arrested, remain calm and avoid behavior that could provoke a negative reaction.

Is the Field Sobriety Test Mandatory, and Does It Affect Charges?

Legally speaking, the results of a field sobriety test can impact your case. However, in practice, officers often decide a driver is impaired before the test even begins. They frequently use the test simply to gather more evidence to support their decision.

  • Taking the test: If you are intoxicated, performing the test voluntarily gives the police additional evidence against you.
  • Refusing the test: This may support their suspicion that your blood alcohol level is illegal, but it denies them specific physical evidence of coordination issues.

In many scenarios, it is advisable to politely refuse the test and ask to consult a Harrisburg federal criminal lawyer before proceeding.

Chemical tests—using blood, breath, or urine—are used to measure your Blood Alcohol Concentration (BAC). In Pennsylvania, you face DUI charges if your BAC is 0.08% or higher. Be aware that refusing this chemical test results in an automatic one-year license suspension.

Refusal has pros and cons depending on your situation:

  • General Impairment (0.08% to 0.099%) with no prior offenses: It is generally better to take the test to minimize potential penalties.
  • High Alcohol Consumption or Prior Convictions: If you have had more than three large drinks or have previous DUI convictions, refusing the test might help avoid the most severe punishments associated with high BAC evidence.

Always seek guidance from a qualified Harrisburg DUI attorney to understand the specific implications for your case in Dauphin County.

Must the Officer Read My Miranda Rights Immediately?

Miranda rights are required only during a custodial interrogation. They are not required during the initial traffic stop or preliminary investigation for DUI suspicion. Therefore, do not be surprised if the police officer does not read you your rights immediately upon pulling you over.

Can I Avoid a DUI Checkpoint if I See One?

If you encounter a DUI checkpoint in Pennsylvania, you generally have the legal right to turn around and avoid it. However, you must ensure that your actions are legal.

  • Do not break traffic laws (such as making an illegal U-turn).
  • Do not drive erratically to escape.

Drawing undue attention to yourself by violating traffic rules can give police a valid reason to stop you, regardless of the checkpoint.

If you have questions about DUI checkpoints or were stopped and cited, speak with an experienced defense attorney right away.

Call 412-387-6901 for a confidential consultation.

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Sean is the best criminal defense lawyer ever! He answered all questions and returned all calls and texts. He was informed. He was attentive and got us an outcome that we never expected! Want someone who will fight for you and protect your rights? If yes, then Sean Logue is the attorney you want on...

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