PA Drivers: Please read -- about getting pulled over for suspicion of DUI
#1
PA Drivers: Please read -- about getting pulled over for suspicion of DUI
Please note that i am not a lawyer but this is all true. Most people don't know that in PA you can decline the portable breath test. That isn't a refusal. Refusing to take the test at the police station IS.
http://www.dui-pa.com/PracticeAreas/...ulled-Over.asp
Do You Know Your DUI Rights?
If you are stopped on suspicion of driving under the influence, do you know your rights? Your actions at the time of your traffic stop could mean the difference between a jail sentence and walking away from this incident with no consequences.
*** Do not agree to a roadside breathalyzer test. Many people confuse this informal test with the "real" chemical test, or are afraid to say no. You are under no obligation to give a sample until you have been actually placed under arrest for suspicion of DUI. The portable breath test (PBT) device used by law enforcement in traffic stops is not admissible in court. And even if you blow less than .08, that evidence can be used to prove that your driving was impaired. ***
* Remain calm and be cooperative with the officer. But, be firm in asserting your rights.
* Provide your driver's license, registration and insurance. Do not volunteer any other information.
* Do not make any statements, especially in response to: "Have you been drinking?" If you admit to drinking even one beer, it gives the officer reason to continue with questions and tests. In fact, with every word you say, the officer is checking for alcohol on your breath or listening for slurred speech.
* Present the card Notice to Officer at Roadside Stop. Don't read it, just give it to the officer. This will not prevent your arrest, but it goes on the record that you respectfully declined to answer questions without legal counsel.
* If the officer persists, say that you wish to contact your attorney. Asserting this constitutional right will not be held against you in court.
* Do not agree to perform field sobriety tests such as the Walk and Turn or One-Legged Stand. You are under no legal obligation to submit to these tests. They are unreliable and designed to give the officer supporting evidence for arrest.
http://www.dui-pa.com/PracticeAreas/...ulled-Over.asp
Do You Know Your DUI Rights?
If you are stopped on suspicion of driving under the influence, do you know your rights? Your actions at the time of your traffic stop could mean the difference between a jail sentence and walking away from this incident with no consequences.
*** Do not agree to a roadside breathalyzer test. Many people confuse this informal test with the "real" chemical test, or are afraid to say no. You are under no obligation to give a sample until you have been actually placed under arrest for suspicion of DUI. The portable breath test (PBT) device used by law enforcement in traffic stops is not admissible in court. And even if you blow less than .08, that evidence can be used to prove that your driving was impaired. ***
* Remain calm and be cooperative with the officer. But, be firm in asserting your rights.
* Provide your driver's license, registration and insurance. Do not volunteer any other information.
* Do not make any statements, especially in response to: "Have you been drinking?" If you admit to drinking even one beer, it gives the officer reason to continue with questions and tests. In fact, with every word you say, the officer is checking for alcohol on your breath or listening for slurred speech.
* Present the card Notice to Officer at Roadside Stop. Don't read it, just give it to the officer. This will not prevent your arrest, but it goes on the record that you respectfully declined to answer questions without legal counsel.
* If the officer persists, say that you wish to contact your attorney. Asserting this constitutional right will not be held against you in court.
* Do not agree to perform field sobriety tests such as the Walk and Turn or One-Legged Stand. You are under no legal obligation to submit to these tests. They are unreliable and designed to give the officer supporting evidence for arrest.
#5
TECH Senior Member
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also remember that if you are drunk and refuse these tests, you most likely will be arrested and taken to the precinct where you are asked to take a true test. if you refuse now you will be charged so, and in MAryland your license is automatically suspended for 45 days.
i suggest that if you are not drunk or havent been drinking you do what the officer asks so you can leave, instead of running the risk of being taken to the station. the officer will not take someone to jail if they havent been drinking, they dont wanna do 6 hrs of paperwork for nothing....trust me i know.
if you are polite and respectful most police will treat you the same, if your are a little tipsy but cooperative, some will call you a ride and cut you loose so take this into account. word to the wise is dont think you know it all and say lawyer lawyer lawyer because it wont get you anywhere, there are ways to present yourself as knowledgeable of your rights, but being a cocky know it all will get you a quick ride to jail.
i suggest that if you are not drunk or havent been drinking you do what the officer asks so you can leave, instead of running the risk of being taken to the station. the officer will not take someone to jail if they havent been drinking, they dont wanna do 6 hrs of paperwork for nothing....trust me i know.
if you are polite and respectful most police will treat you the same, if your are a little tipsy but cooperative, some will call you a ride and cut you loose so take this into account. word to the wise is dont think you know it all and say lawyer lawyer lawyer because it wont get you anywhere, there are ways to present yourself as knowledgeable of your rights, but being a cocky know it all will get you a quick ride to jail.
#6
OR HOW ABOUT you don't act like a f-ing moron and don't drink and drive? That way none of this will affect you.
BUT that might make TOO much sense for some people. With that said...
BUT that might make TOO much sense for some people. With that said...
#7
12 Second Club
iTrader: (26)
These things are so pointless, sure you can say no...but then they most likely WILL take you down and make you do one anyways, which in turn will probably be a bad choice... Cops could do whatever the **** they want most times, and they will say they have a reasonable suspicion to do this or that if your ever pulled over, if you think you know the law better then them then thats just going to **** them off more and they'll wanna show you who knows the law better. Get my drift lol? The best way is to just be polite and answer the officers questions, if your drinking and driving then thats your own fault.
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#8
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you have to be out of your mind to get stopped for dui and follow your instructions. you deserve to get locked up. STOP with your great advice. and if anyone follows it, you get what you deserve.
#11
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here it is
It comes with a disclaimer but I left that out because it was too much.
NOTICE TO OFFICER AT ROADSIDE STOP
As required by Pennsylvania law, I am herewith tendering my driver's license and proof of insurance. They are in proper order, and I have committed no crime or traffic violation. I therefore hereby request that all my documents (including my license) be returned to me and that I be permitted to leave immediately. If you have any doubt about my ability to operate my vehicle, I will be glad to leave my car here and have a cab pick me up. Unless you return these items to me and advise me that I can leave with my license and other documents and in my vehicle, I must assume this is more than a brief investigatory stop, that my liberty is restrained, that I am under arrest, and that I must obey your orders without resistance, but I do so under protest.
I do not wish to answer any questions or make any statements at this time. I am exercising my right to remain silent. (U.S. Constitution, 5th Amendment) I request that my attorney be present during any questioning or proceeding against me (including voluntary field sobriety exercises) and that I be permitted to contact my attorney at the earliest possible time, as permitted by Pennsylvania and federal law. I have the name and phone number with me at this time and would like to call him immediately.
Pennsylvania law does not require me to submit to any verbal or non-verbal field sobriety evaluations, including reciting the alphabet, the horizontal gaze nystagmus evaluation, the Alco-sensor (hand-held breath testing device), walk-and-turn, one leg stand and other such exercises. Therefore, I choose not to participate in any such so-called field sobriety evaluations, unless my attorney is present when such voluntary exercises are performed. If you ignore my Constitutional and statutory rights under this card and verbally coerce me into taking any such evaluations, I am not performing any such exercises willfully and voluntarily, but am doing so to avoid a confrontation with you, and armed law enforcement officer.
In compliance with the requirements of Pennsylvania's Implied Consent Law, I will consent to submit to tests of my breath, urine, blood or other bodily substance which you may designate, provided the test I am offered is properly done in strict compliance with all regulatory and statutory provisions and by a person certified to give the test, after such person has displayed his/her permit, and conditioned upon the test and testing device used being properly approved by the State of Pennsylvania. However, since I maintain that you do not have reasonable or legally sufficient cause to make this request for a chemical sobriety test, my consent is given under protest and is in no way voluntary. Furthermore, I do not waive any deficiencies in the advisements you are giving me, or in the procedures that you follow. I wish to be given a copy of the implied consent rights, which you read, to me. Any consent by me to take a chemical sobriety test is given only for device, which are operated, with all electronic and operating components prescribed by the machine's manufacturer properly attached and in good working order and where all pre-testing protocol and recommended observation period are followed precisely. Otherwise, my consent is not voluntarily given.
I request that I be provided with full information concerning your test including a written copy of any report of the results of your test. If it issued, I wish to view any digital or numerical readout on the breath machine, pursuant to my Constitutional rights to confront witnesses and evidence against me. I also desire to have an independent analysis made of any chemical tests taken by the State of my blood, breath or urine, and hereby demand that a sufficient sample of my blood, breath or urine be collected and properly sealed, and immediately refrigerated to prevent deterioration of the sample so as to permit re-analysis to be accomplished at a later date. Please honor this request for preservation of a sample by selecting a machine or type of test that can preserve a sample. In addition, if a breath machine is used, I request that the machine go through its diagnostics check before I am test ed, to be certain that it is operating properly before my tests are administered. If a test result(s) is obtained, immediately after my testing is completed, I request that a calibration check be made on the machine to determine if it is calibrated accurately (against a known-strength alcohol reference sample). Please replicate all calibration tests and provide me with proof of the calibration results.
If, after the administration of your test, you decide to charge me with any DUI offense under Pennsylvania Law, then I request that I there upon be transported to the nearest available private medical facility which will conduct independent testing. I wish to be independently test ed even if your test fails, or does not yield a numerical result. If feasible, I will select and utilize my own physician or medical provider to administer my independent test (s). I will make my own financial arrangements upon arrival at the selected facility, will select the type of test I want and I specifically request immediate access to a phone and phone directory to arrange this. This request should also no be considered to withdrawn or waived even if I take one or more additional breath tests.
I also hereby request that I be taken to the nearest law enforcement agency (which is not affiliated with your agency) that possesses an approved breath machine (Intoxilyzer 5000) so that I can be given an independent breath test by an officer other than you or someone employed by your police department. I will pay for this test if there is a charge for conduction it. Any and all tests selected by me (both breath and blood) are being done as work product for my attorney, and are confidential, as guaranteed by the attorney-client privilege and pursuant to my Constitutional right to gather evidence in my defense. I do not consent to any independent sample being divided or collected for use by the State, nor do I consent to copies of test results being given to anyone except myself or my attorney.
I object (and do not consent) to a search of my person, my motor vehicle or any of my other property. Unless I give you written authority to search my vehicle (for inventory or any other purpose) and arrange for impound of my vehicle, I wish for my vehicle to remain at its present location, locked, with a note explaining that it will be removed as soon as possible, and I will arrange for a private tow of the vehicle as soon as I am provided access to a phone through your instructions. I hereby release and indemnify your police department from all liability resulting from leaving the vehicle at this location at my request. I also do not consent to being videotaped or audiotaped at any time without my written consent, as such unauthorized taping would constitute a violation of my right of privacy under the Pennsylvania Constitution and the United States Constitution.
This document constitutes an official notification, which should be retained for your records.
As required by Pennsylvania law, I am herewith tendering my driver's license and proof of insurance. They are in proper order, and I have committed no crime or traffic violation. I therefore hereby request that all my documents (including my license) be returned to me and that I be permitted to leave immediately. If you have any doubt about my ability to operate my vehicle, I will be glad to leave my car here and have a cab pick me up. Unless you return these items to me and advise me that I can leave with my license and other documents and in my vehicle, I must assume this is more than a brief investigatory stop, that my liberty is restrained, that I am under arrest, and that I must obey your orders without resistance, but I do so under protest.
I do not wish to answer any questions or make any statements at this time. I am exercising my right to remain silent. (U.S. Constitution, 5th Amendment) I request that my attorney be present during any questioning or proceeding against me (including voluntary field sobriety exercises) and that I be permitted to contact my attorney at the earliest possible time, as permitted by Pennsylvania and federal law. I have the name and phone number with me at this time and would like to call him immediately.
Pennsylvania law does not require me to submit to any verbal or non-verbal field sobriety evaluations, including reciting the alphabet, the horizontal gaze nystagmus evaluation, the Alco-sensor (hand-held breath testing device), walk-and-turn, one leg stand and other such exercises. Therefore, I choose not to participate in any such so-called field sobriety evaluations, unless my attorney is present when such voluntary exercises are performed. If you ignore my Constitutional and statutory rights under this card and verbally coerce me into taking any such evaluations, I am not performing any such exercises willfully and voluntarily, but am doing so to avoid a confrontation with you, and armed law enforcement officer.
In compliance with the requirements of Pennsylvania's Implied Consent Law, I will consent to submit to tests of my breath, urine, blood or other bodily substance which you may designate, provided the test I am offered is properly done in strict compliance with all regulatory and statutory provisions and by a person certified to give the test, after such person has displayed his/her permit, and conditioned upon the test and testing device used being properly approved by the State of Pennsylvania. However, since I maintain that you do not have reasonable or legally sufficient cause to make this request for a chemical sobriety test, my consent is given under protest and is in no way voluntary. Furthermore, I do not waive any deficiencies in the advisements you are giving me, or in the procedures that you follow. I wish to be given a copy of the implied consent rights, which you read, to me. Any consent by me to take a chemical sobriety test is given only for device, which are operated, with all electronic and operating components prescribed by the machine's manufacturer properly attached and in good working order and where all pre-testing protocol and recommended observation period are followed precisely. Otherwise, my consent is not voluntarily given.
I request that I be provided with full information concerning your test including a written copy of any report of the results of your test. If it issued, I wish to view any digital or numerical readout on the breath machine, pursuant to my Constitutional rights to confront witnesses and evidence against me. I also desire to have an independent analysis made of any chemical tests taken by the State of my blood, breath or urine, and hereby demand that a sufficient sample of my blood, breath or urine be collected and properly sealed, and immediately refrigerated to prevent deterioration of the sample so as to permit re-analysis to be accomplished at a later date. Please honor this request for preservation of a sample by selecting a machine or type of test that can preserve a sample. In addition, if a breath machine is used, I request that the machine go through its diagnostics check before I am test ed, to be certain that it is operating properly before my tests are administered. If a test result(s) is obtained, immediately after my testing is completed, I request that a calibration check be made on the machine to determine if it is calibrated accurately (against a known-strength alcohol reference sample). Please replicate all calibration tests and provide me with proof of the calibration results.
If, after the administration of your test, you decide to charge me with any DUI offense under Pennsylvania Law, then I request that I there upon be transported to the nearest available private medical facility which will conduct independent testing. I wish to be independently test ed even if your test fails, or does not yield a numerical result. If feasible, I will select and utilize my own physician or medical provider to administer my independent test (s). I will make my own financial arrangements upon arrival at the selected facility, will select the type of test I want and I specifically request immediate access to a phone and phone directory to arrange this. This request should also no be considered to withdrawn or waived even if I take one or more additional breath tests.
I also hereby request that I be taken to the nearest law enforcement agency (which is not affiliated with your agency) that possesses an approved breath machine (Intoxilyzer 5000) so that I can be given an independent breath test by an officer other than you or someone employed by your police department. I will pay for this test if there is a charge for conduction it. Any and all tests selected by me (both breath and blood) are being done as work product for my attorney, and are confidential, as guaranteed by the attorney-client privilege and pursuant to my Constitutional right to gather evidence in my defense. I do not consent to any independent sample being divided or collected for use by the State, nor do I consent to copies of test results being given to anyone except myself or my attorney.
I object (and do not consent) to a search of my person, my motor vehicle or any of my other property. Unless I give you written authority to search my vehicle (for inventory or any other purpose) and arrange for impound of my vehicle, I wish for my vehicle to remain at its present location, locked, with a note explaining that it will be removed as soon as possible, and I will arrange for a private tow of the vehicle as soon as I am provided access to a phone through your instructions. I hereby release and indemnify your police department from all liability resulting from leaving the vehicle at this location at my request. I also do not consent to being videotaped or audiotaped at any time without my written consent, as such unauthorized taping would constitute a violation of my right of privacy under the Pennsylvania Constitution and the United States Constitution.
This document constitutes an official notification, which should be retained for your records.
#12
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I got pulled over in my 88 GTA 5 yrs ago for suspicion. i refused to take the field test,(1 leg BS) i was 19 at the time. i did take the breath test, n blew a .01 was totally respectfully to the cop. cop reallsed me to my dad. 2 weeks later got a letter in the mail For DUI+ under age drinking. Got a lawyer n fighted it in court n won. cop never took me for blood work. I had 2 beers that nite. If cops wanna be dicks they sure will thats all i have to say
#13
11 Second Club
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last time i checked, refusal of taking a sobriety test is breaking the law itself (in the state of PA), and the punishment is worse than an actual DUI.
I would say that some person posted this on the internet, thinking some dumb **** would think that this would actually work and get his license suspended anyways. Because if you drink and drive, you deserve to go to jail, get butt raped by a large black man (yeah sue me, i stereotyped. It's ok, i'm allowed to, i'm not white), and get your license taken away for a year.
on that note, you could just try using this and believe it's true because your read it on the internet because everything on the internet is true.
I would say that some person posted this on the internet, thinking some dumb **** would think that this would actually work and get his license suspended anyways. Because if you drink and drive, you deserve to go to jail, get butt raped by a large black man (yeah sue me, i stereotyped. It's ok, i'm allowed to, i'm not white), and get your license taken away for a year.
on that note, you could just try using this and believe it's true because your read it on the internet because everything on the internet is true.
#16
11 Second Club
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affirmative.
i have a friend that tried playing this out and he got in trouble. now he's trying to get it back down to a regular dui. because he is an idiot and believes everything he reads on the internet
and i just called my mommy and asked her (attorny that graduated magna *** laude @ duquesne) and she confirmed it. she said it depends on your definition of breaking the law. there is no law against it, but they did pass something in the legislature that it is a mandatory 1 year license suspension for refusing a breathalizer (as opposed to as low as 30 days for a DUI).
go ahead and call my mommy a liar.
i have a friend that tried playing this out and he got in trouble. now he's trying to get it back down to a regular dui. because he is an idiot and believes everything he reads on the internet
and i just called my mommy and asked her (attorny that graduated magna *** laude @ duquesne) and she confirmed it. she said it depends on your definition of breaking the law. there is no law against it, but they did pass something in the legislature that it is a mandatory 1 year license suspension for refusing a breathalizer (as opposed to as low as 30 days for a DUI).
go ahead and call my mommy a liar.
#17
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affirmative.
i have a friend that tried playing this out and he got in trouble. now he's trying to get it back down to a regular dui. because he is an idiot and believes everything he reads on the internet
and i just called my mommy and asked her (attorny that graduated magna *** laude @ duquesne) and she confirmed it. she said it depends on your definition of breaking the law. there is no law against it, but they did pass something in the legislature that it is a mandatory 1 year license suspension for refusing a breathalizer (as opposed to as low as 30 days for a DUI).
go ahead and call my mommy a liar.
i have a friend that tried playing this out and he got in trouble. now he's trying to get it back down to a regular dui. because he is an idiot and believes everything he reads on the internet
and i just called my mommy and asked her (attorny that graduated magna *** laude @ duquesne) and she confirmed it. she said it depends on your definition of breaking the law. there is no law against it, but they did pass something in the legislature that it is a mandatory 1 year license suspension for refusing a breathalizer (as opposed to as low as 30 days for a DUI).
go ahead and call my mommy a liar.
#18
On The Tree
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You can refuse all you want, all but the one at the station.
Chances are they will take you there.
Which means you get to spend the next 3+ hours with them, and if you are sober like you claim you still get to take a cab back to the tow lot where you have to pay to get your car back.
There's not many ways around it. We have a lot of rights but either way your going to get boned.
Chances are they will take you there.
Which means you get to spend the next 3+ hours with them, and if you are sober like you claim you still get to take a cab back to the tow lot where you have to pay to get your car back.
There's not many ways around it. We have a lot of rights but either way your going to get boned.
#19
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* Do not make any statements, especially in response to: "Have you been drinking?" If you admit to drinking even one beer, it gives the officer reason to continue with questions and tests. In fact, with every word you say, the officer is checking for alcohol on your breath or listening for slurred speech.
Not every cop is out there to "bone" you. Yes, some are total douche bags(especially around here) but if you're stupid enough to drive while intoxicated and put MY life in danger then who is the idiot that put themselves in that position? It's certainly not the cop's fault.
On a side note, the breathalyzer isn't the end all to impaired driving. If you just left the bar after having a drink the test won't be accurate since it takes 45 minutes to an hour for your body to fully absorb the alcohol. Also, people can absolutely be impaired and visibly intoxicated while under the legal limit(obviously people that have no tolerance OR people that might be on medication and mixed it with a few beers).
Good luck with your theory.
#20
There was a time when drinking and driving wasn't so frowned upon. Wasn't even illegal, few morons messed it up by drinking toooooo much and getting behind the wheel.
Everyone is so quick to point the finger, I know, nobody has had a few at dinner or a wedding or event and gotten behind the wheel.
Give me a break.
If you can wait until they they get you to the station then wait, hopefully you would have absorbed the last bit and it won't show up later, either way it will be less than before. If you have had so much that it will show up at the precinct an hour or more later, then you get what you get, IMO.
Think about how much fun everybody's events would be without people drinking and driving.
Parties, weddings, dinners etc. Huge barrell of laughs.
Bars have parking lot's.
I'll shut up now.
Everyone is so quick to point the finger, I know, nobody has had a few at dinner or a wedding or event and gotten behind the wheel.
Give me a break.
If you can wait until they they get you to the station then wait, hopefully you would have absorbed the last bit and it won't show up later, either way it will be less than before. If you have had so much that it will show up at the precinct an hour or more later, then you get what you get, IMO.
Think about how much fun everybody's events would be without people drinking and driving.
Parties, weddings, dinners etc. Huge barrell of laughs.
Bars have parking lot's.
I'll shut up now.