Legal Blog

 

I’ve Been Arrested for DUI in Philadelphia – What Should I Do Next?

Mar 28 2016, by Michael Fienman in Alcohol, Drug Crimes, DUI, Juvenile Crimes, Legal Blog, Traffic Defense

Getting pulled over for a DUI can be a frightening experience. A night out, maybe a few drinks before an Eagles game, and a decision to drive home can have devastating consequences, even if you have a BAC under .08.

Reckless driving, speeding, bloodshot eyes, or the smell of alcohol on your breath can all signal to the police that you’ve been drinking. If he or she has reason to believe that you’re impaired, you could find yourself facing a DUI arrest. Here are a few tips for what you can do from there.

4 Things to Do If You’ve Been Arrested for DUI

  1. Submit to chemical testing: In the majority of cases, you’re only harmed by refusing chemical testing. Under Pennsylvania’s “implied consent” law, a person is required to take a blood, breath, or urine test if he or she has been arrested for a DUI lawfully. Punishments for refusal of chemical testing for a first-time DUI include six months probation, a fine of up to $300, remedial education, and drug and alcohol treatment. Furthermore, you can still be found guilty of a DUI even without proof of a BAC over .08. Oftentimes in such cases, your refusal to submit to chemical testing will be used against you.

  2. Request an independent blood test: Errors in blood testing can sometimes lead to increased alcohol content in test results. Under Pennsylvania Vehicle Code Section 1547, you have the right to receive an independent blood test performed by a personal physician. While this test won’t remove the testing done at the police station from your record, it could serve as additional evidence in support of your case.

  3. Record details about the night: As soon as you can, take time to record details about your night. Everything you can remember is important. For example, where were you and what were you doing before you drove? How many drinks did you have? When were you arrested? What did the officer say or ask you to do? What was his or her behavior like? What did you say to the officer, if anything? How long after you drank did you submit to chemical testing? This information can help bolster your defense and possibly even lead to your case’s dismissal.

  4. Contact an experienced Pennsylvania criminal defense attorney: Navigating a DUI charge can be a tricky affair. But an experienced DUI defense attorney can help you to achieve the best possible results for your case. From reviewing evidence, to analyzing test results, to considering officers’ behavior, a Pennsylvania criminal defense lawyer will explore all avenues of defense, including determining whether a trooper had probable cause to stop you, whether your tests were administered correctly, and whether the evidence brought against you was lawfully collected.

Call (215) 839-9529 today if you or someone you know has been pulled over for a DUI. If you’ve been questioned by the police or charged with a DUI, we can quickly consider your case and help you to prepare a defense.