REFUSING SOBRIETY TESTS

Refusing Physical Sobriety Tests in Pittsburgh

What are the consequences if I refuse to perform sobriety tests?

Even though these exercises are said to be free and voluntary, your refusal to perform them might be used as evidence against you showing an awareness of guilt.
The Pennsylvania Supreme Court has indicated that police officers are not required to give Miranda warnings or information about the Fifth Amendment right against self-incrimination prior to requesting a field sobriety test.


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SOBRIETY TESTS

What are physical sobriety tests?

These are sometimes referred to as field sobriety tests or exercises.
These tests are given to a DUI or DAI suspect by a police officer in order to decide whether to arrest the person for driving under the influence of alcohol or drugs.  Physical sobriety tests involve a series of exercises: the one-legged stand; walk-the-line; finger-to-nose; horizontal gaze nystagmus, and the Rhomberg balance exercises.
Each of these tests is relatively easy, but if your performance of these is impaired,  you must be prepared to convince the jury that it is not easy to perform these exercises under certain circumstances.  Arguably, even sober participants have difficulty performing the tests under the stress of a police traffic-stop. Attorney Joseph Paletta can help demonstrate your case to the jury.

http://www.pittsburghcriminallawfirm.com/

Pennsylvania Crimes - D.U.I.: PA D.U.I./DWI Driver's License Implications

Pennsylvania Crimes - D.U.I.: PA D.U.I./DWI Driver's License Implications: "Penalties for Driving Under the Influence in PA - The number of DUI arrests made by Pennsylvania State Troopers has been significantly inc..."

PA D.U.I./DWI Driver's License Implications

Penalties for Driving Under the Influence in PA -

The number of DUI arrests made by Pennsylvania State Troopers has been significantly increasing for the ninth straight year.  In fact, recent figures show that 17,695 arrests for DUI were made last year by state troopers alone and this number does not include any arrests for DUI made by local police.

Since this is such a hot topic lately and it has been statistically proven that the number of arrests are on the rise and will likely continue to do the same, it is important that you understand what could happen if you are facing a DUI charge in Pittsburgh, Pennsylvania.

For the first offense, your license to drive is revoked, and if convicted, you are subject to jail time, heavy fines, and a court ordered license suspension of six months to three years. With each subsequent offense, Pennsylvania's penalties for driving under the influence become more severe.

Even if you were not involved in an accident, you could spend up to a year in jail, lose your car, have your license permanently revoked, and be subject to fines up to $10,000.

Many people who contact our office who have been charged with a D.U.I. do not know that if you refuse field sobriety testing, your license is automatically suspended temporarily.

If you have already been convicted of DUI on multiple occasions, your refusal may cost a five-year license suspension.  Depending on previous offenses or refusals, you can have your license automatically suspended for a period of 90 days to five years.
The administrative suspension is independent of any jail term, fine, or other criminal penalty imposed in court for a DUI offense.

If you are facing DUI or DAI charges in Pittsburgh, you need to consult with our office immediately to speak with a Pittsburgh drunk driving attorney who can help you through this process. You need to have an experienced DUI attorney on your side as soon as possible to discuss the facts and options before your first hearing date, which is normally the Preliminary Hearing.  Failing to be represented at your first hearing could damage your case.

SOURCE: WPXI -  "Pa. State Police: DUI Arrest Record Set Last Year"