Pa police officer arrest for dui
Ensuring that police have abided by the mandated rules and procedures is one way that an experienced criminal defense attorney can assist you with any charges that you may be facing.
While police officers who suspect you of impaired driving can administer certain roadside tests in order to ascertain whether you are illegally under the influence of drugs or alcohol, a certain amount of care and procedures must be observed in doing so. Police officers are specially trained to adhere to standards developed by the National Highway Traffic Safety Administration ;nonetheless, mistakes are often made, protocols are not followed, and inappropriate actions may occur.
When a failure in procedural standards occurs, it is very possible that any evidence obtained through these tests may be excluded from future court proceedings in the event that you face criminal charges. As a result, it is essential to determine whether any police officers involved properly administered field sobriety tests and other BAC testing devices, such as portable breathalyzers.
Arrested for DUI in PA? You Should Know What Happens Next - The Martin Law Firm
Obtaining the help of skilled and knowledgeable DUI attorneys can mean the difference between a DUI conviction and the negative consequences that it will bring and a dismissal or reduction of the charges against you. Please contact us with questions or to discuss your case in more detail.
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General information about DUI arrests and investigations.
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Probable Cause in Pennsylvania DUI Cases In general, probable cause requires facts that demonstrate a high probability that the driver is impaired or consumed alcohol in excess of the legal limit. Leave a Reply Cancel reply Your email address will not be published. How Can We Help? Get a Free Consultation.
What Happens When a Police Officer Gets a DUI?
Blog Categories. This avoids the possibility of prejudice against you at your preliminary hearing which may occur if you are drunk at the preliminary arraignment in front of the same judge and, most importantly, it benefits you, who may be so intoxicated as to be unable to understand the proceedings of your preliminary arraignment.
Not only is this completely false, but this can lead to great surprise down the line when you receive a copy of a criminal complaint and a summons notifying you of a hearing date.
Most PA police departments do not issue a criminal complaint the document listing your charges and the affidavit of probable cause by the arresting officer at the time you are arrested and it is common to receive your complaint, summons, and preliminary hearing date days after being arrested for DUI. Many times, police are quick to file, especially if official breath tests are done which yield immediate and incriminating results of your DUI, but when blood is drawn as part of the DUI investigation, the results may take longer and the complaint may even be filed before the lab results are obtained by police.
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This means that the first time you will be in a courtroom will be at your preliminary hearing in front of the Magisterial District Judge. Many believe this is a hearing to determine your guilt or innocence and that you may go to jail following the proceedings. These are common misconceptions, as the preliminary hearing is simply a preliminary determination of whether there is enough evidence against you to go to trial.
While you do have the opportunity to waive this hearing, as a prima facie case is not a difficult burden to meet, it may not be in your best interest to do so.
Busted for a DUI: What Usually Happens? And What Are Police Allowed to Do?
This will give your attorney a clear picture of your DUI and the best shot at fighting your charges. These details allow Montgomery County, PA DUI lawyers to determine whether police actually had probable cause to arrest you, if proper arrest procedures were followed, or whether BAC tests were properly administered. These determinations are vital for the prosecution to win their case against you and if evidence is able to be suppressed, the prosecution may be hard-pressed to prove its case beyond a reasonable doubt.