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Pittsburgh DWI Lawyers

• William Bickerton:
  
  DUI is an abbreviation for Driving Under the Influence. A person is guilty of DUI if he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state. (Presently 0.08%)
  
  How can a DUI attorney help?
  
  An experienced attorney can do many things to challenge and disprove the evidence of the accused.  This includes reviewing the calibration and maintenance records of the machine used to test blood alcohol level.  It is falsely believed that these machines are infallible.  To believe that they always work is like believing your car will never break down.  Machines do not always work properly. 
  
  An experienced attorney will always file pretrial motions to suppress the evidence.  These motions, when argued successfully, may result in the DUI case being dismissed.  It is very important to effectively cross-examine the officer to expose mistakes and inaccuracies in the gathering of evidence.
  
  An experienced attorney will always retest the blood by a private lab, and possibly hire an analyst to determine if the BAC was rising.   This defense may prove that that the driver¹s blood was actually less than Pennsylvania¹s legal limit at the time of driving.
  
  It is very important to photograph the scene of the arrest and view police videotape of the arrest if available.  This may be helpful in showing that the ground was not level when the driver was performing the field sobriety tests.  Any inaccuracies in the officer¹s report and testimony could be challenged with the videotape.  
  
  Does the car have to be moving for me to be guilty of DUI?
  
  No. You can be arrested for DUI by driving while over the legal BAC limit or while impaired.  But, you need not actually operate the car in order to be arrested.  You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in actual physical control of the car.
  
  What do police officers look for when searching for drunk drivers on the highways?
  
  Most DUI arrests occur at night and on weekends. The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated while driving at night.  The list is based upon research conducted by the National Highway Traffic & Safety Administration (NHTSA):
  • Turning with a wide radius
  • Straddling center of lane marker
  • "Appearing to be drunk"
  • Almost striking object or vehicle
  • Weaving
  • Driving on other than designated highway
  • Swerving
  • Speed more than 10 mph below limit
  • Stopping without cause in traffic lane
  • Following too closely
  • Drifting
  • Tires on center or lane marker
  • Braking erratically
  • Driving into opposing or crossing traffic
  • Signaling inconsistent with driving actions
  • Slow response to traffic signals
  • Stopping inappropriately (other than in lane)
  • Turning abruptly or illegally
  • Accelerating or decelerating rapidly
  • Headlights off
  Interestingly, speeding has not been identified by NHTSA as an indicator of impairment. However, it is a common prosecution tactic to argue that speeding is ³risk taking² behavior suggestive of diminished judgment occasioned by alcohol consumption. In reality, most police officers will admit that totally sober persons drive 10 miles over the posted speed limit late at night when the traffic is light.
  
  If the police officer asks me if I have been drinking, how should I respond?
  
  If the officer asks you ³Have you been drinking?², your answer will be a significant factor in the officer's decision to arrest you, and in the prosecution¹s case against you if you are charged and tried for drunk driving.  Such questions are accusatory in nature and you should respectfully decline to respond in a polite and courteous manner, such as ³I would like to speak with an attorney before I answer any questions.²
  
  It must be remembered that the officer does have a right to certain information which the courts appear to look upon as routine questions. For example, what is your name, what is your address, what is your date of birth, etc.  When the officer inquires into drinking, however, ask for an attorney as set forth above. The officer will then probably say you do not have a right to an attorney and ask you to answer the question.  At this point, your best course of action would be to respectfully decline to answer. 
  
  Do I have the constitutional right to speak to an attorney before I have to take a field sobriety test?
  
  In the state of Pennsylvania, and in the vast majority of the states, your right to an attorney or to advice of counsel does not attach until you are formally arrested or placed in "custody."  Other states vary from the position that you have the right to consult an attorney upon being arrested to you have the right to presence of counsel to assist you to decide whether or not to submit to a chemical test.  If at any time during the officer¹s stop, you believe you need an attorney, it is always good policy to ask for one.  Listen to what the officer says in response to your request for an attorney, this response could be very important if he misrepresents what the law is to you.  This information could go to reflect upon the officer¹s credibility and could be used to impeach the officer at trial.
  
  Should I refuse to submit to the field sobriety tests?
  
  You are not legally required to take a field sobriety test. This is unlike the chemical tests to determine your BAC. When asked to take a chemical test by a police officer who has already arrested you, if you refuse there are serious consequences, i.e., loss of drivers license for a year, as well as enhanced criminal penalties.  You may want to respectfully decline to take the field sobriety test. Remember, always be polite and courteous to the officer.  If you are rude or become abusive or obstructive, the only person who is going to lose is you, not the police officer.  You can certainly refuse the field sobriety tests in a polite and courteous manner.
  
  What is the officer looking for during the initial detention at the scene?
  
  Police officers are trained to note the following ³symptoms of intoxication² on their report:
  • Flushed face
  • Red, watery, glassy, and/or bloodshot eyes  
  • Odor of alcoholic beverage on breath
  • Slurred speech  
  • Fumbling with wallet to get license
  • Failure to comprehend the officer¹s questions
  • Staggering when exiting vehicle
  • Swaying/instability on feet
  • Leaning on car for support
  • Combative, argumentative, jovial, or other ³inappropriate² attitude
  • Soiled, rumpled, or disorderly clothing
  • Stumbling while walking
  • Disorientation as to time and place
  • Inability to follow directions or to ³divide attention²
  
  What happens if I did not submit to a breath, blood, or urine test?
  
  Refusing such tests is generally not a good idea. The laws of most states permit the motor vehicle department to suspend your privilege to drive for a chemical test refusal.  In addition, your refusal to submit to a test upon the request of a law enforcement officer is admissible in any criminal proceeding against you as evidence of your consciousness of guilt. By accepting the privilege extended by the laws of most states to drive, the courts have determined that you have given your consent to submit to an approved chemical or physical test of your breath or blood for the purposes of determining your BAC, this is called Implied Consent. Therefore, when you sign your name on your license, you are saying that if stopped for a possible DUI, you will accept to take the test. The arresting officer¹s belief for chemical test is ³probable cause.² A person may ask to have a separate chemical test completed by an independent laboratory or hospital.
  
  Can I fight my loss of license?
  
  Pennsylvania¹s civil license suspension for a DUI is incorporated in the criminal process and does not go into effect until after a person is convicted, or pleads guilty. The only time a separate Department of Motor Vehicles Hearing is available is for a chemical test refusal. This raises a separate civil issue that must be addressed through an appeal, directly to the Pennsylvania Department of Transportation (PennDot). 
  
  The officer never gave me a Miranda warning:  Can I get my case dismissed?
  
  No. The officer is supposed to give a Miranda warning after he arrests you. From a practical standpoint, the police will delay the arrest decision long enough to allow you to make numerous inculpatory statements. The only consequence of a Miranda violation is that the prosecution may not use any of your answers to questions asked by the police after the arrest. Even this limitation has been eroded because statements made in violation of Miranda can be used for impeachment purposes should you testify in your own behalf at trial. Again, the wisest course of action is to say nothing regardless of whether or not you have been formally placed under arrest.  Of more consequence in most cases is the officer¹s failure to advise you of the state¹s ³implied consent² law.  That is your legal obligation to take a chemical test and the consequences if you refuse. This can affect the suspension of your license, as well as enhanced criminal sanctions.