${site.data.firmName} ${site.data.firmName}
Free Consultation No recovery - No Fee
215-822-7575 / 800-358-9367
Practice Areas

What are your rights at Pennsylvania DUI checkpoints?

Each year, a number of people are arrested on suspicion of drunk driving in Pennsylvania, and throughout the U.S. The state’s Department of Transportation reports that more than 52,600 people were arrested on DUI charges in 2014 alone. For some, these arrests came after being stopped at DUI checkpoints. In order to ensure you are protected from an undeserved arrest, it behooves you to understand your rights when you are stopped at such checkpoints.

Typically, the first thing law enforcement agents do at such checkpoints is approach vehicles as they are stopped and question the drivers. Like others in this situation, you may feel obligated to answer the officers’ questions. However, doing so may incriminate yourself or give them cause to investigate further. At DUI checkpoints, you have a legal right to refuse to talk with law enforcement. Instead, you may choose to present them with a card indicating that you wish to exercise your constitutional rights.

If the authorities suspect you of driving under the influence, they may ask you to perform field sobriety tests. In the majority of cases, these tests are used to prove that you are intoxicated, not that you should be allowed to go on your way. Since these tests are potentially incriminating, it is important to understand that they are generally voluntary. Therefore, you do not have to perform them, even though law enforcement agents may neglect to inform you of your right to refuse. Not performing roadside tests will not guarantee, however, that you will not be arrested for suspected DUI.

Like many Pennsylvania motorists, you may be confused about your rights when it comes to chemical testing. Before you have been placed under arrest, you are generally able to refuse preliminary breath tests. However, once you have been taken into custody, refusing a breath test, or other chemical test, could result in additional penalties.

This post has provided an overview of your rights when stopped at DUI checkpoints. It is helpful to keep in mind, however, that each case is unique. As such, you should not take this as legal advice, and instead consider it only as general information.

No Comments

Leave a comment
Comment Information
Gregory R. Gifford
  • RGS&G Firm News

    "Matthew Taylor Wilkov, Esquire, Graduates from U.S. Army War College"
    LANSDALE – Gregory Gifford, managing partner of Rubin, Glickman, Steinberg and Gifford, P.C. says the firm is honored to have a U.S. Army War College graduate among its ranks.Read more...

  • Super Lawyers | Rising Stars
  • National board of legal speciality certification
  • American college of trial lawyers
  • National board of trial advocacy | EST 1977
  • 2013 | Subarbanlife | Awesome Attorneys
  • PennSuburban | Chamber of commerce

Rubin, Glickman, Steinberg and Gifford has been a member of the local Penn Suburban Chamber of Commerce (previously known as North Penn Suburban Chamber of Commerce) for more than 25 years.

You Have Questions? We Have Answers. Fill out the form and an attorney will be in touch with you shortly.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

start now. send your request