DUI FAQ

Here are some frequently asked questions about DUI that our criminal lawyers have answered:

What do the Police Watch for When Looking for Drunk Drivers?

In New Castle, as in other places, police officers are trained to identify signs of erratic or inconsistent driving, which are often the initial indicators of DUI. If they observe these behaviors, they are likely to stop your vehicle. Examples of such behaviors include:

• Weaving or swerving on the road.
• Driving below the speed limit without a valid reason.
• Straddling the center lane marker.

If the officer suspects impairment, they may ask you to pull over to assess further.

What Will the Police Do After They Stop You?

Once you’re stopped, the police will look for physical and behavioral signs of intoxication, which could include:

• Difficulty retrieving your license or registration.
• The smell of alcohol on your breath or in the vehicle.
• Bloodshot or glassy eyes.
• Slurred speech.
• Disorientation or lack of coordination.

Additionally, they might engage in a conversation to assess your ability to understand and respond to their questions. If deemed necessary, they may ask you to exit the vehicle to evaluate your steadiness on your feet or observe for swaying.

What Should I Say if the Police Ask Whether I Have Been Drinking?

It’s essential to never admit to consuming alcohol when questioned by the police. Anything you say may be used against you during a trial. Instead, exercise your right to remain silent and avoid making any statements until you consult with your New Castle DUI attorney.

If pressed for answers, politely decline to respond and request to contact your New Castle criminal lawyer. Avoid arguing or displaying confrontational behavior, even if the officer attempts to arrest you. Remaining calm will help reduce the chance of escalating the situation.

Does a Field Sobriety Test Affect the Charges? Should I Take the Test?

Field sobriety tests can impact your case, but not always in predictable ways. Here’s what you need to know:

• Field sobriety tests are often administered after police have already made up their minds about your potential impairment.
• These tests can serve as evidence to support DUI charges if you appear impaired.
• Voluntarily failing the test provides more evidence against you. Conversely, refusing the test may raise suspicion but does not automatically lead to conviction.

The best course of action is to politely decline the test and request to consult with a New Castle DUI attorney. They will guide you through what to do next.

Should I Take a Blood or Breath Test?

Chemical tests, such as blood, breath, or urine tests, are utilized to measure your Blood Alcohol Concentration (BAC). A BAC of 0.08% or higher could result in DUI charges. Refusing a chemical test can lead to a one-year license suspension.

What to consider when deciding whether to consent to the test:

• If your BAC is between 0.08% and 0.099% (General Impairment) and you have no prior DUI offenses, taking the test may result in lighter penalties.
• If you’ve consumed large amounts of alcohol (more than three drinks) or have previous DUI convictions, refusing the test may help you avoid harsher penalties.

Each scenario is unique, so consult your New Castle DUI attorney for the most appropriate advice in your case.

Is It Mandatory for the Police Officer to Read Me My Miranda Rights?

Miranda rights are only required when the police conduct a custodial interrogation. If you are merely being pulled over for suspected DUI, the officer is not obligated to read your Miranda rights at that moment. However, if you are taken into custody and subsequently questioned, then the officer must inform you of your rights before proceeding.

If I See a DUI Checkpoint, Can I Turn Around and Go Back the Other Way?

Yes, you have the legal right to avoid a DUI checkpoint in Pennsylvania, including New Castle. However, make sure you do not violate any traffic laws in the process, such as making an illegal U-turn or attracting unnecessary attention with erratic driving.

Schedule Your Free Consultation Today

Take the first step toward reclaiming your life. Call us at (844) PITT-DUI or connect with us online to schedule a free consultation with an experienced New Castle criminal lawyer.

We’re committed to fighting for your rights and helping you move forward.