in pa can police refuse your call to a lawyer when being arrested for dui

What happens if you refuse to submit to a DUI test?

A chemical test refusal occurs in PA when a person fails to submit to a blood or breath test after his or her DUI arrest. After being arrested on suspicion of DUI, the police will ask you to submit to either a blood draw or a breathalyzer test at the station or barracks. Many people refuse to submit to a blood or breath test based upon misinformation, such as bad advice from a relative, or …

Can the police make a valid vehicle stop for DUI in Pennsylvania?

If you’re charged with a DUI in Pennsylvania, it is crucial that you speak with an experienced Quakertown DUI lawyer, one who knows the intricacies of DUI law. Just because you’ve been arrested doesn’t mean that you’re guilty. Speak with a Pennsylvania criminal defense attorney at Young, Marr & Associates by calling (215) 372-8667 for a ...

Can I refuse to take a breathalyzer test in Pennsylvania?

for a DUI if under 21 8 If you are arrested for a DUI, the police will ask you to take a breath or blood test. If your BAC level is between .02% and .159% and you are convicted of a DUI, you can expect: • 12 months - 18 months license suspension • you qualify.

What is implied consent under Pennsylvania's DUI law?

However, what differentiates Pennsylvania’s drunk driving laws from those of many other states is the fact that there are three different types of DUIs: 1.) General Impairment DUI (BAC of .08 – .099%) The first type of DUI is called a general impairment DUI. An individual is charged with a general impairment DUI if he or she is arrested for ...

How do you get a DUI dismissed in PA?

The police must have sufficient grounds to make an arrest. If it can be shown that police did not have sufficient probable cause to stop you or to arrest you, the case against you will be dismissed. Likewise, if the police did not follow proper procedures during your arrest, you case could also get dismissed.

Can DUI charges be dropped in PA?

WINNING A DUI IN PENNSYLVANIA. It is important to remember that any DUI case can potentially be fought and won in court, regardless of Blood Alcohol Content (BAC) level at the time of arrest. It is possible to reduce DUI sentencing and fines or have them dropped altogether.

How long do police have to file charges for DUI in PA?

DUI offenders are to be released promptly following arrest unless: 1) they pose a danger to themselves or others; or 2) the arresting officer has reasonable grounds to believe they will not appear in court as required. Upon release, a criminal complaint shall be filed within 5 days.

What happens when you get your first DUI in PA?

The mandatory minimum sentence for a first offense High Tier DUI is 1) 72 hours in jail followed by six months of parole; 2) one year driver's license suspension; 3) $1,000 mandatory fine, but the fine could be as much as $5,000.

What Can a DUI be reduced to in PA?

Reckless Driving Alcohol RelatedIn some instances Pennsylvania DUI charges can be reduced from DUI to Reckless Driving Alcohol Related, also known as 'wet reckless'. This reduction of charges is only possible if circumstances surrounding your case allow for it.

Does PA have a washout period for DUI?

Pennsylvania has a 10-year lookback or "washout" period for DUI offenses, meaning that if you have a prior driving under the influence conviction within the past 10 years, it can be used to increase your punishment in your current case.

How many points is a DUI in PA?

You do not receive any points for a DUI in Pennsylvania. Instead, you receive fines, jail time, or a license suspension. If you are facing charges for driving under the influence of alcohol or drugs, it is important to understand how this will affect your driving record and, ultimately, many other aspects of your life.

Will Pennsylvania prosecute an out of state DUI?

If you receive a DUI in another state, and it's your first offense, Pennsylvania will not suspend your license. Under the DUI penalty statute, Pennsylvania treats an out of state DUI conviction as if it had occurred in PA under section 3802(a).Oct 22, 2020

Do you lose your license for first DUI in PA?

If you plead guilty to a first-offense DUI in Pennsylvania, you are subject to loss of license for one year. You will still be able to drive during all or part of your license suspension period if you install an ignition interlock device on your vehicle.

How likely is jail time for first DUI in PA?

A first DUI conviction in PA could mean up to six months in jail, a $5,000 fine and loss of your license for up to a year. The penalties for a DUI in PA, depending on your blood alcohol content level (BAC), are severe.

Will I go to jail for first DUI in PA?

A first offense of a general impairment DUI does not carry mandatory jail or the suspension of your driver's license. The mandatory minimum penalties for a middle-tier DUI offense include the following: Jail for 48 hours with six months of parole.Feb 5, 2020

Is a DUI a felony in PA?

Most Pennsylvania DUI arrests result in misdemeanor charges, but cases involving serious injury or death will likely bring felony charges.

How to beat a DUI refusal?

There are ways to beat a DUI refusal case, and to challenge any license suspension that may arise from the alleged refusal. In order to do so, you must act quickly in hiring the right lawyer for your case. Contact our firm at 412-447-5580 for a free consultation on your refusal case.

Why do people refuse to take a breathalyzer test in Pennsylvania?

Many people refuse to submit to a blood or breath test based upon misinformation, such as bad advice from a relative, or from hearing a lawyer on TV discuss laws from another state.

What is refusal in a breath test?

A refusal can be established through non-verbal conduct, such as failing to answer questions or respond to requests to submit to breath testing. When submitting to a breath test, providing insufficient breath samples can be deemed as a refusal.

What tests are required for a drug arrest?

You may also be asked to submit to additional testing both before and after your arrest, including Field Sobriety tests, a Portable Breath Test, or to be evaluated by a Drug Recognition Expert.

How long does it take to get a license suspended for refusing a breath test?

Is There a Mandatory License Suspension for Refusing a Blood or Breath Test? If you refuse to submit to a blood or breath test as required, you will be subject to an automatic drivers license suspension of 12 months for a first offense, and for 18 months if you have a prior DUI conviction or have refused testing in the past.

What happens if you refuse a blood test?

A person who refuses a blood test where the officer has not obtained a warrant will not be subject to highest tier penalties, but will face a DUI General Impairment offense instead, a lowest tier offense.

How much is a 2nd offense?

2nd Offense: Punishable by a mandatory minimum 90-day jail sentence, maximum sentence of 5 years of incarceration, and a mandatory minimum $1,500 fine; 3rd and Subsequent Offenses: Punishable by a mandatory minimum 1-year jail sentence, maximum sentence of 7 years of incarceration, and a mandatory minimum $2,500 fine;

How to talk to a DUI attorney?

Call (215) 646-3980 To Talk To Our DUI Attorney. When a case proceeds to trial, evidence is presented, including scientific tests, blood tests, and witness testimony. After the evidence is presented, the court will determine guilt or innocence. The Pennsylvania Rules of Criminal Procedure requires that trial for an offender who is incarcerated ...

What do police officers ask for in a DUI?

The police officer will ask for the driver’s license, registration, and proof of insurance while carefully monitoring the driver’s mannerisms and behavior. The driver may be asked to submit to field sobriety tests. If the officer has probable cause, the officer will place the driver under arrest for DUI.

What is the Supreme Court ruling on DUI checkpoints?

In 1990, the U.S. Supreme Court held that a stop resulting from a DUI checkpoint does not violate the protections against illegal searches and seizures under the U.S. Constitution. The Court determined that checkpoints are justified based on the public interest in reducing DUI incidents.

What is a DUI checkpoint?

DUI Checkpoint . DUI checkpoints are stationary roadblocks conducted by the police. A checkpoint allows the police to make a stop for the purpose of investigating whether a person is driving under the influence of alcohol or drugs.

What is ARD in Pennsylvania?

The Accelerated Rehabilitative Disposition (ARD) Program is a special pretrial intervention program in Pennsylvania for nonviolent offenders including those persons who are charged with a first offense DUI. This is a unique program for individuals who have no prior criminal convictions or prior ARD dispositions within ten years prior to the arrest. The purpose of the ARD program is for the prompt disposition of charges without the need for court proceedings. If the applicant to the ARD program successfully completes the requirements established by the court, the judge in the case can, upon petition, expunge the record of the offense. Generally, the ARD program involves the following:

What is the key element in a DUI arrest?

One key element to any DUI arrest is that an individual must be in “actual physical control of the movement of a vehicle”. There are many pivotal Pennsylvania DUI cases which discuss this element. Generally, one must look to the “totality of the circumstances” when determining whether an individual is in actual physical control of the movement ...

What is a warrantless arrest for DUI?

An arrest for DUI is typically a “warrantless” arrest, meaning that the police are not required to obtain a warrant prior to detaining you. All that is needed is “probable cause”, which is a logical inference, supported by facts and circumstances, that a crime has been, or is being, committed. In DUI cases, this is typically established ...

Actual Physical Control and DUI Prosecutions

In essence, the courts are looking for some evidence to show that the vehicle was driven prior to police arrival and that the driver had driven while intoxicated or under the influence of drugs.

Call Our Pennsylvania DUI Defense Attorneys Today

If you’re charged with a DUI in Pennsylvania, it is crucial that you speak with an experienced Quakertown DUI lawyer, one who knows the intricacies of DUI law. Just because you’ve been arrested doesn’t mean that you’re guilty.

What happens if a driver refuses to submit to a test?

License suspension. If the driver refuses to submit to testing, the officer will notify the Department of Transportation (DOT). The DOT will then impose a 12-month license suspension, which runs consecutively with any other suspensions (a DUI conviction will also lead to license suspension).

What does a breath test show for a DUI?

The driver's blood alcohol concentration ( BAC) or the concentration of drugs in the driver's blood is routinely used by prosecutors to prove a DUI in court.

How much does it cost to reinstate a driver?

For a first refusal, the driver must pay a reinstatement fee of $500. This fee is $1,000 for a second offense and $2,000 for a third offense. Criminal penalties.

Can a driver refuse a blood test?

However, this requirement applies only if the driver is legally detained for suspicion of driving under the influence. Even if the driver refuses testing, the arresting officer can still apply for a search warrant to obtain a blood sample .

Can you get a blood test if you refuse to drive in Pennsylvania?

Even if the driver refuses testing, the arresting officer can still apply for a search warrant to obtain a blood sample.

Is it a crime to refuse a breath test?

It is not a crime to refuse testing, but a driver who refuses a lawful breath test can face additional penalties if convicted of DUI. A DUI that involves a breath test refusal will usually include higher fines, jail time, and driver's license penalties. Evidentiary uses.

Do police in Pennsylvania issue complaints?

Leckerman: Initially, most Penn sylvania police departments do not issue a complaint at the time that you are arrested. By complaint, I mean a document with the charges against the driver who was arrested. What typically happens is the police officer will wait for blood tests results or delay filing the complaint, ...

Can a police officer ask for a urine sample?

Rarely does a police officer ask for a urine sample. Urine is often requested in situations involving a suspected drug DUI. A driver in Pennsylvania does not have the right to refuse to give a blood, urine or breath sample when requested by a police officer. Nonetheless, the police officer must still have probable cause to arrest ...

Do you have to wait to get a DUI attorney after being released from custody?

Leckerman: Absolutely. After being released from custody, most drivers wait until they receive a complaint in the mail or a summons to appear in court before contacting an attorney. That is generally not a good idea, because certain steps should be taken in the beginning of every DUI case.

Can police use a breathalyzer?

There is no one standard breath testing machine that has to be used by police officers. When an officer is asking for blood samples, typically that officer is going to have the driver taken to a hospital in order to have a nurse or phlebotomist extract two vials worth of blood.

Permissible Officer Actions

Subject to certain limitations, police officers are allowed to stop you based on a reasonable suspicion that you may be driving while impaired by alcohol or drugs. As part of their investigation into their suspicion, police officers can, as a general rule, take the following actions in determining whether you should face criminal charges:

Field Sobriety and Chemical BAC Testing

While police officers who suspect you of impaired driving can administer certain roadside tests in order to ascertain whether you are illegally under the influence of drugs or alcohol, a certain amount of care and procedures must be observed in doing so.

Get Legal Assistance Now

Obtaining the help of skilled and knowledgeable DUI attorneys can mean the difference between a DUI conviction and the negative consequences that it will bring and a dismissal or reduction of the charges against you. Allow the Law Offices of Steven E.