Driving while drunk, or driving while impaired by a substance, is a very serious criminal charge that carries severe penalties. These penalties can follow you for years, even decades, so it’s important to act proactively from the moment you are pulled over to mitigate the consequences of a potential DUI charge. It’s important to know your rights and to know how to proceed if you’re pulled over or arrested for a DUI. The decisions you make from the moment you are pulled over can have a significant impact on the overall outcome of your case.
If you or a loved one are a DUI charge in Greater Philadelphia, trust the experienced DUI defense team at the Law Offices of E. William Hevenor. We will guide you through the process and fight aggressively for the best possible outcome. The sooner you reach out, the sooner we can protect you, your family, your freedom, and your future.
1. Pull Over Safely
Seeing the dreaded flashing lights behind you is enough to make anyone’s hands shake, impaired or sober. However, it’s important to remain calm and in control of the vehicle. Attempting to evade police could take a relatively minor interaction – based solely on suspicion at that point – into something far more serious. Not only will you run the risk of being charged with a charge of fleeing or eluding police, a misdemeanor with mandatory license suspension when sober, and a felony if impaired or reaching high speeds, but you will give police more reason to suspect impairment. The best practice is to slow down and put on your turn signal, indicating you intend to comply. From there, find the closest safe place to pull over, such as a shoulder or parking lot. Once pulled over, you should turn off any music, turn on your hazard lights, open the driver’s side window, turn on your dome lights, and turn off the car. It’s also smart to prepare your license, proof of insurance, and vehicle registration as the officer will ask for them.
2. Be Respectful and Cooperative with Law Enforcement
It’s safe to assume from the get-go that your interaction with law enforcement will be recorded on the officer’s body-worn camera and dashboard camera. Because of this, the way you speak to the officer will not only impact your interaction but can be used as evidence later in your case. Any sort of rudeness, belligerence, or combative behavior will not only hurt your case but will give the officer further reason to suspect impairment. You have the absolute right to record the interaction on video or audio under Pennsylvania law, even if the officer says otherwise.
You should not exit the vehicle unless the officer instructs you to. The officer will likely approach your window and ask for your license, registration, and proof of insurance. If you haven’t already gathered the documents, let the officer know where you will be retrieving them from (glove compartment, handbag, pocket, etc.) and ask for their consent before you move. It’s in the best interests of your safety to never make any sudden movements without telling the officer beforehand.
3. Be Mindful of What You Say: Exercise Your Right to Remain Silent
Being polite and compliant doesn’t mean you must – or should – answer all of the officer’s questions. In fact, it’s best practice that you don’t. You shouldn’t lie to the officer, but it’s within your rights to respectfully say that you don’t know, you don’t want to answer, you’re invoking your constitutional right to remain silent, or you’d like to consult an attorney before answering. You should never answer if an officer asks if you know why you were pulled over. Doing so hands the officer the reasonable suspicion they need to move forward with the traffic stop, and that statement will be used against you. You will likely be asked if you’ve been drinking or if you’ve taken any substances. While tempting, it’s critical not to lie when answering that question. If you aren’t impaired, you may answer truthfully. However, if you are, you should respectfully decline to answer.
4. Be Mindful of What You Do: Contact an Experienced DUI Defense Attorney
You are never legally required to submit to any testing (including blood tests, urine tests, breathalyzer tests, and field sobriety tests) without a valid warrant. However, there are penalties in place either way, so the decision of whether or not to submit to testing is a bit of a catch-22, and must be evaluated on a case-by-case basis.
In Pennsylvania, a DUI triggers an automatic 12-month license suspension, which can be contested via an administrative hearing. However, Pennsylvania has something called implied consent laws, which means that refusing a blood, urine, or breathalyzer test is breaking the law and carries its own penalties, including a mandatory license suspension and a fine. The license suspension is a penalty for refusing, even if you weren’t guilty of a DUI in the first place. The only way to beat a suspension based on refusal is to show there was no opportunity to be tested or if the officer failed to warn that there is a penalty for refusing. In essence, you can face penalties for submitting to testing which indicates impairment, and penalties for refusing those tests. It’s best practice to consult an attorney before submitting to any tests for advice on how to proceed.
Refusing field sobriety tests is perfectly reasonable, as these tests are stressful and can be failed without even being impaired. You can respectfully decline without any penalty, as these do not fall under Pennsylvania’s implied consent laws.
5. Get in Touch with an Experienced Philadelphia DUI Defense Attorney
One of the most critical steps following a DUI arrest is to seek legal representation as quickly as you can. A knowledgeable lawyer will help you navigate the complexities of Pennsylvania DUI law, assess the evidence against you, and develop a strategy to challenge the charges and the penalties. Your attorney can help you:
- Understand Your Rights and DUI Penalties in Pennsylvania: Your attorney can advise you of your rights and the specific penalties that apply. You may be facing fines, a license suspension, license revocation, mandatory substance abuse education programs, and even jail time.
- Gather Evidence and Document the Arrest: Evidence is essential to building a strong defense. Your attorney can help document the circumstances leading up to the arrest and any interaction with law enforcement. They can also help you get copies of the arrest report and the results of any testing, which can help challenge the prosecution’s case.
- Request an Administrative Hearing: As mentioned, a DUI in Pennsylvania triggers a mandatory year-long license suspension. However, the suspension can be challenged via a process called an administrative hearing. However, time is of the essence as there are strict timelines to request this hearing. Your attorney can guide you through the process to protect your driving privileges.
- Explore Potential Defenses: There are multiple strategies to contest a DUI charge, which depend on the unique circumstances of your case. This includes challenging the legality of the traffic stop, showing that you weren’t impaired or your impairment wasn’t above the legal limit, and questioning the accuracy of the chemical test results.
- Consider Pre-trial Options: Your attorney can explore pre-trial options to minimize the consequences of the charge, including negotiating with the prosecution for a reduced charge, having the charges dropped, or moving to a diversionary program that focuses on rehabilitation over punishment.
If you or a loved one are facing a DUI charge in Greater Philadelphia, turn to a trusted criminal defense firm: the Law Offices of E. William Hevenor. Contact us or call us at (610) 251-9930 today. The sooner you reach out, the better your chances are at mitigating the impact of these charges and reaching a favorable outcome.