If you are pulled over in the state of Pennsylvania and suspected of driving under the influence of drugs or alcohol, the officer may request that you take part in a breath, blood or urine test to determine the extent to which you have been impacted by drugs or alcohol. This is because Pennsylvania has an implied consent law arguing that if you have been legally arrested by an officer who has probable cause to believe that you have been engaging in drinking and driving or drugging and driving, then you must consent to a chemical test to determine your official blood alcohol content.
If you choose to accept one of these tests and you are later convicted of DUI, this could be used against you in a criminal case. Having an Erie, Pennsylvania criminal defense attorney to represent you in this situation is important for protecting your rights. Recently, the Supreme Court ruled that states may not be eligible to prosecute individuals who are suspected of DUI if requesting a blood draw without an official warrant when the alleged criminal is arrested. The court determined that while a blood draw may require a warrant when pulling someone over for suspected DUI, a breathalyzer test could be requested by officers without having to obtain a warrant.
In the heat of the moment, the entire process of being pulled over for DUI is confusing and frustrating. You might not even remember all the details of a field sobriety test or what the officer said and did after the accident, but you need to speak with a criminal defense attorney while all the information is still within your recall. An attorney can help you determine whether anything happened during this
As you can see, this law can be extremely complex and confusing especially as it is already an overwhelming process to be accused of driving under the influence. If you have recently been accused of driving under the influence in Erie, Pennsylvania, make sure you protect your rights by consulting with an Erie, Pennsylvania criminal defense attorney.