If you are facing a DUI case in Pennsylvania, understanding your legal rights is important. Not only do you need to protect your legal rights going forward; but, if police or prosecutors have violated your legal rights already, this could provide you with a defense in court.
Understanding Your Legal Rights Before, During, and After a DUI Arrest in Pennsylvania
What are your legal rights in a Pennsylvania DUI case? While this list is far from exhaustive, here are some of the most important rights you have before, during, and after a DUI arrest:
The Right to Only Be Stopped By the Police for Lawful Reasons
Under the Fourth Amendment to the U.S. Constitution, the police can only stop drivers for lawful reasons. Generally speaking, this requires that the police have “reasonable suspicion” that a driver has committed a traffic violation or crime. If the police stopped you without reasonable suspicion, this could render your traffic stop and DUI arrest unlawful—and this could entitle you to keep the prosecution’s evidence against you out of court.
The Right to Refuse Consent to a Search of Your Vehicle or Person
When the police pull you over on suspicion of DUI, you are not required to consent to a search of your vehicle or person. If you refuse consent, the police cannot conduct a search against your will unless they obtain a warrant (or an exception to the Fourth Amendment’s warrant requirement applies). However, if you consent to a search—even if you didn’t realize that you had the right to refuse—this can render the search legal, and prosecutors may be able to use the evidence that police obtained during their search against you.
The Right to Refuse to Answer Questions from the Police
Just as you have the right to refuse your consent to a search, you also have the right to refuse to answer questions from the police. The right to remain silent is among the most important legal rights you have as a suspect and as a defendant. The police cannot coerce you into confession; and, while the police can use deception when interrogating suspects, there are limits on how far they can go to trick suspects into waiving their privilege against self-incrimination. If you believe that you confessed to drunk driving against your will, you should be sure to discuss this with your defense lawyer during your initial consultation.
The Right to Refuse to Take the Field Sobriety Tests
You have the right to refuse to take the field sobriety tests (FSTs) under Pennsylvania law. While prosecutors may try to use your refusal against you, asserting your legal rights is not evidence that you were drunk behind the wheel. There are many reasons to refuse to take the FSTs (if you know that you have the right to do so), including the fact that the FSTs are notoriously unreliable. Even when completely sober, many people will struggle to successfully complete the FSTs for reasons related to their health, clothing and shoe choices, the road and lighting conditions, and other factors.
The Right to Be Informed of Your Rights Under Pennsylvania’s Implied Consent Law and the U.S. Constitution
While you aren’t required to take the FSTs during a DUI stop in Pennsylvania, you are required to submit to a test of your blood alcohol concentration (BAC). This requirement exists under Pennsylvania’s implied consent law, and violating the Commonwealth’s implied consent law can result in loss of your driver’s license and other negative consequences.
However, before these consequences are imposed, you have the right to be informed that this is a risk—and if the police fail to inform you, this can serve as a defense.
You also have the right to be informed of your constitutional rights before the police interrogate you in custody. If the police interrogate you in custody without reading your Miranda rights, this can potentially serve as a defense as well.
The Right to Know What Evidence Prosecutors Intend to Use Against You
Your legal rights do not end once you get arrested. As your case moves forward, state prosecutors must respect your rights as well. This includes your right to know what evidence prosecutors intend to use against you. The U.S. Constitution prohibits prosecutors from presenting surprise evidence at trial, and it gives defendants the right to confront any witnesses against them.
The Right to Know if Prosecutors Have Exculpatory Evidence in Their Possession
In addition to the obligation to disclose evidence they intend to use at trial, state prosecutors in Pennsylvania also have an obligation to disclose any exculpatory evidence in their possession. This is evidence that could aid in your defense against your DUI charge. If prosecutors withhold exculpatory evidence, this violation of your rights could entitle you to a dismissal.
The Right to Challenge Police and Prosecutorial Misconduct in Court
From stopping you without reasonable suspicion to withholding exculpatory evidence before trial, you have the right to challenge all forms of police and prosecutorial misconduct in court. If you have any reason to suspect that police or prosecutors may have violated your rights, you should discuss this with your defense lawyer promptly.
The Right to Experienced Legal Representation
When you are facing a DUI charge in Pennsylvania, you have the right to experienced legal representation. There are several important reasons to hire an experienced DUI defense lawyer—including making sure that you assert your legal rights effectively. If you are facing a DUI charge in Pennsylvania and have questions about protecting your legal rights, we encourage you to contact us as soon as possible.
Discuss Your Case with Philadelphia DUI Defense Lawyer Brian Fishman
Do you need help defending against a DUI charge in Pennsylvania? If so, Philadelphia DUI defense lawyer Brian Fishman can help protect your legal rights by all means available. To discuss your case with Brian in confidence, call 267-758-2228 or tell us how we can reach you online now.
