The moments after you have been pulled over by a police officer or stopped at a sobriety checkpoint can feel like a blur when you are in the midst of it. It can even be difficult to remember after you’ve been arrested and you need to consult with your Erie, Pennsylvania criminal defense attorney. If you are facing DUI charges in Pennsylvania, it is essential to know your rights as well as your responsibilities.
If the officer asks you to submit to a test, you need to understand what you have to do and how recent court rulings could impact your rights. Making a mistake at the scene could cost you in big ways down the road, so it’s smart to be aware.
A recent Supreme Court ruling indicates that states may not be eligible to prosecute drunken drivers for refusing to have their blood drawn after they are arrested. Although law enforcement officers are eligible to request a breathalyzer test for individuals suspected of drunk driving without having a warrant to do so, the Supreme Court identified in the case Birchfield vs. North Dakota that an officer cannot be required to demand a blood test without a warrant in the same circumstances.
The details associated with your arrest could be important for moving forward with your criminal defense when you are accused of driving under the influence in Pennsylvania.
If officers have violated your constitutional rights, your Erie criminal defense attorney may be able to fight these charges and request that the charges be dismissed or penalties reduced as a result. This is why it is imperative to consult with your Erie criminal defense attorney as soon as possible after you have been arrested while the details are still fresh in your mind.
If you have questions about being pulled over for driving under the influence and whether or not an officer was within his or her rights, to collect information from you, you need to consult with your attorney immediately.