DRIVING THROUGH THE DUI PROCESS Part 1 of 6: The Arrest

Checkpoints-DUI

Welcome to our new blog series where we will drive you through the DUI process from the time of arrest all the way to trial.

There may be a number of signals that can trigger an officer to suspect you of driving under the influence. For example, you might have been driving too slowly, changing lanes abruptly or swerving across the double line.  While people do these things all the time and these actions are not specific to DUI, an officer’s suspicion is all that is needed to pull you over.

A DUI arrest starts off like any other traffic stop. The officer will ask for your driver’s license, registration, and insurance cards. You may be asked where you are going and where you have been. During the conversation, the officer will be looking out for clues for intoxication, including bloodshot eyes, slurred speech, nervousness, fumbling while you try to find your car’s registration, and the smell of alcohol. If the officer suspects alcohol, he or she will ask if you have been drinking, and maybe how much you have had to drink, and maybe other questions to gauge your possible level of intoxication. At this point you will be asked to step out of your car.

Some municipalities have Mobile Video Recorders (MVR) or dash cameras. The activation of the blue and red lights indicates that you are being video recorded. Everything you say or do can and will be used against you. You should assume that you are being videotaped during the the field sobriety tests, which the officer will ask you to perform. You may be asked to blow into a portable Breathalyzer to determine your roadside BAC.

Please keep in mind, you are not required to do the field sobriety tests or blow into the portable breath testing machine.  Your refusal to do so cannot be used against you. Please read: Our Guide on how to save yourself from a false DUI arrest.

The best advice we can offer here is that you should call your DUI attorney at your earliest opportunity, from the side of the road or right from the police station.  The earlier we get involved, the better we can defend you.  Please call 1-866-MCSHANE so we can discuss this with you.

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.

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