Your rights during a DUI stop & sobriety test
A Pennsylvania DUI stop occurs when an officer has deemed probable cause to pull-over your vehicle. This can be due to erratic driving behavior, damage to the vehicle, or a routine stop at a sobriety checkpoint.
During the stop, the police officer may be testing the water to find out if other criminal activity is occurring. The officer may ask you to step out of your car and perform a series of field sobriety tests:
- Nystagmus—following a an object such as a pen with your eyes
- Walk and turn
- Standing on one leg
- Finger to nose
- Counting or reciting the alphabet backwards
- Rhomberg balance test
The officer is looking for probable cause to implement a chemical BAC test to determine the amount of alcohol in your system. They are looking for a lack of balance, coordination, and general cognitive impairment—similar to nervous behavior resulting from police questioning.
You have the right to refuse field sobriety testing which may result in the officer concluding probable cause for a BAC test. The officer will then arrest you and take you into custody to perform the chemical test.
Your rights during Pennsylvania DUI arrest
Being arrested for DUI does not compromise your rights to being treated fairly and humanely. The police do not have the right to mishandle or mistreat you in anyway—tell your lawyer if your rights were compromised!
You also have the right to refuse any chemical BAC tests—but keep in mind this refusal will result in a mandatory one year driver’s license suspension and 72 hours in jail.
One thing you should know about a DUI arrest in Pennsylvania is that you do not have the right to have an attorney present during the BAC test. The officers can lawfully administer the test anytime you are in custody—but the validity of the test can still be a big part of your defense.
It is a good idea to cooperate with the BAC testing. Your behavior during arrest may be used by the prosecution as evidence of intoxication in their case. Try to keep your wits about you, and call Richard J. Emhof as soon as possible—our phones are live 24 hours a day!
Call Toll-Free 1-866-457-9957 for help with a Pennsylvania DUI stop.