A police officer must have reasonable suspicion or probable cause before commencing a driving while under the influence (DUI) arrest. They cannot pull a driver over and investigate without lawful justification. An arresting officer must comply with the state and federal laws. In Pennsylvania, they cannot violate your constitutional right to privacy. In the United States, they cannot violate your Fourth Amendment right against unreasonable search and seizure. If an officer arrests you because they suspect you are operating a vehicle while intoxicated, it is not yet a conviction. You can still challenge the charges.
How can I challenge the arrest?
Challenging a DUI arrest will involve legal strategies that seek to justify the intentions and competence of the arresting officer. We want to know why the officer pulled you over in the first place and if the officer did so in a legal and just manner. Furthermore, we also want to know whether the chemical or field sobriety tests are valid. We need answers to the questions below:
- Did the officer have a lawful reason to stop the vehicle?
- Did the officer read you your Miranda Rights?
- Were the field sobriety tests reliable?
- Did the field sobriety tests give enough evidence to warrant an arrest?
- Was your arrest legal?
- Were the chemical tests administered with adequate proficiency?
- Are your chemical test results accurate?
Blood, breath and urine tests can determine the alcohol concentration inside a person’s body. However, there is a precise way to perform these tests. Only a qualified individual may conduct them. A single error or deviation from the standard procedure may render the results inadmissible.
Use your right to challenge
The penalties for a DUI conviction depend on the DUI type of charges, which you can find under Section 3802 of the Pennsylvania Vehicle Code. However, the penalties are also much harsher after the first conviction. One DUI conviction will appear on your public record. It can affect significant aspects of your life, such as employment and housing. The Fourteenth Amendment gives you a right to due process. You can use that right to fight against these absurd charges.
