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DUI FAQ
Frequently Asked Questions About DUI in Indiana, PA
Our criminal lawyers have compiled answers to some of the most common questions about DUI to help you better understand your rights and the law. If you are dealing with a DUI charge, this guide will provide an accessible overview of what to expect and how to proceed.
What Do Police Watch for When Looking for Drunk Drivers?
Law enforcement officers in Indiana, PA are trained to spot signs of potentially impaired drivers. Erratic or unusual driving behaviors often serve as the first indicators of DUI suspicion. Examples of such behaviors include:
- Weaving across lanes or swerving.
- Driving significantly below the speed limit without reason.
- Straddling a lane marker.
- Stopping or braking suddenly.
- Ignoring traffic signals or signs.
When police notice these indicators, they may pull the vehicle over to investigate further. If you’re stopped and they suspect impairment, they could request you to move your vehicle to a safe location off the road. And the best way to do that is to hire an Indiana PA criminal lawyer right away.
What Will Happen After the Police Stop You?
Once stopped, the officer will look for physical signs of intoxication, which could include:
- The smell of alcohol in the vehicle or on your breath.
- Slurred speech or difficulty articulating responses.
- Bloodshot or glossy eyes.
- Fumbling for your license or other documentation.
- Visible signs of disorientation or confusion.
Additionally, officers may engage you in conversation to evaluate your ability to understand and respond appropriately to their questions. If the officer observes further signs of impairment, you might be asked to exit the vehicle. They will then observe your physical behavior closely, such as swaying or difficulty standing steadily, which may indicate a problem.
What Should You Say if Police Ask Whether You’ve Been Drinking?
If an officer inquires whether you’ve been drinking, never admit to alcohol consumption. Anything you say can potentially be used against you in court. It’s best to remain polite but group and avoid making self-incriminating statements. If you’re unsure of how to proceed, it’s always advisable to refrain from giving statements until you’ve consulted with an Indiana PA DUI attorney.
Here’s a handy way to respond:
- Politely decline to answer the question.
- Request to contact your Indiana PA criminal lawyer.
It’s also critical to avoid confrontations or actions that could provoke the officer, even if you believe the arrest or suspicion is unwarranted.
Should You Take a Field Sobriety Test?
Field sobriety tests are optional in most cases. These tests can play a significant role in providing law enforcement with evidence against you. If you’ve consumed alcohol, taking the test may further validate their suspicion of DUI. If you refuse to take the test, it could also feed into their belief of impairment.
Here’s what to consider:
- Taking the Test: If administered after drinking, the results could strengthen the officer’s case. Many officers already suspect impairment before performing these tests.
- Refusing the Test: While refusing isn’t a crime, it may add to the officer’s suspicion.
When in doubt, politely decline the test and express your wish to consult an Indiana PA DUI attorney.
Should You Take a Blood or Breath Test?
Chemical tests such as blood, breath, or urine testing determine the Blood Alcohol Content (BAC) in your bloodstream. If your BAC is 0.08% or above, DUI charges can be pursued. Under Pennsylvania’s implied consent laws, refusing a chemical test carries its own consequences, including:
- A possible one-year suspension of your driver’s license.
- Additional penalties or fees upon conviction.
The decision to take this test depends largely on your specific situation:
- If your BAC is potentially low (0.08%–0.099%) and you lack previous DUI charges, consenting could mean lesser penalties.
- If you’ve consumed a large amount of alcohol or have existing DUI convictions, refusing the test might avoid additional incriminating evidence.
It’s crucial to weigh these factors carefully, and consulting a local Indiana PA criminal lawyer before finalizing your stance can make a huge difference.
Do Police Officers Need to Read You Your Miranda Rights?
Contrary to popular belief, officers are not required to Mirandize you during a vehicle stop for suspected DUI. Miranda rights are only required during custodial interrogations, which typically occur after an arrest. Therefore, while under initial suspicion during a traffic stop in Indiana, PA, police might not recite your rights.
However, if they proceed to formally question you after taking you into custody, they are required to read your rights.
Can You Turn Around to Avoid a DUI Checkpoint?
Yes, in Indiana, PA, you are legally allowed to avoid a DUI checkpoint, provided you don’t violate any traffic laws in the process. For example:
- Legal U-Turns are permissible, but illegal ones can attract attention and lead to further suspicion.
- Observe other traffic rules, such as using signals and following speed limits.
Keep in mind, attempting to evade a checkpoint could still draw attention from law enforcement if done unsafely or carelessly.
Seek Help from an Indiana PA DUI Attorney
The complexities of DUI cases extend beyond the traffic stop and roadside tests. An experienced Indiana PA criminal lawyer can provide tailored advice, help build a strong defense against your charges, and ensure your rights are protected through every step of the legal process.
If you’re facing a DUI charge or have additional questions, reach out to Logue Law Group in Indiana, PA, for a free consultation. Our team is on call 24/7 to provide reliable legal assistance. Contact us today or call (844) PITT-DUI.
That’s why you need to seek help from an Indiana PA DUI attorney for the best assistance.