LEGAL ISSUES IN DUI STOPS

It is very rare to be pulled over by police for a DUI.

When someone is pulled over for a suspected DUI, the police are usually drawn to the person’s attention because of a traffic violation—for example, speeding, driving too slow for traffic, erratically crossing lines or weaving in a lane, etc. Certainly, police target certain individuals and at certain times of day—in my opinion, a police officer observing a traffic violation of a 20-year-old man driving alone at 2:00 a.m. will likely view that person differently than the same traffic violation being committed by an 80-year-old woman at 4:00 in the afternoon.

This is what criminal defense lawyers would refer to as profiling, although police would dispute that this type of profiling is illegal. Police would say they know statistically that young people driving very late at night are much more likely to be under the influence than the average driver in the middle of the day.

Under Pennsylvania law, the police need only observe at least one violation of the Vehicle Code (Title 75) in order to pull a driver over and detain him or her. The method of the police from that point is to verify identity, check driver’s papers (license, registration, etc), and then potentially issue a warning or a citation. During that interaction, if it becomes apparent to police that the driver may be impaired then police may further detain to determine if there is probable cause to fully arrest on suspicion of DUI. During this part of the interaction, police will commonly attempt field sobriety checks, breathalyzer tests, and, mainly, observe the suspect closely watching for incoherence in talking, inability to stand still, walk straight, etc.

The legality of the police interactions with a suspect who is eventually arrested on suspicion of DUI after a traffic stop should always be closely examined by an attorney. There are so many variations that typically, an attorney must do further legal research to determine whether the police action was proper at the time it occurred– a stop of a person, detention of the person and their vehicle, possible search of the person, search of occupants, search of a vehicle, seizure of a person (arrest) for a possible blood test on DUI suspicion, etc.

If you have been arrested for DUI and there was an accident involved, that is a different scenario. Sometimes accidents are simple as the word says—an accident. Having an auto accident—by itself—is not criminal behavior. Sometimes an accident is a result of a traffic violation (i.e. running a red light, speeding in bad weather, following too closely/tailgating, etc). An accident by itself does not trigger the right of police to detain for a DUI, arrest for a DUI, or charge a DUI.

However, what led up to the accident (unsafe driving in some way) may be a result of someone being under the influence. The police certainly have the right to investigate and verify.

I often receive calls from someone who has had an auto accident and was transported to the hospital, but not arrested for DUI. The person wants to know whether they will be charged with DUI. They did not provide their blood to the police, but they believe their blood may have been drawn at the hospital. The easy answer is that police can get a search warrant and obtain the blood results from the hospital. The hospital would normally have tested the blood to determine what may be in the person’s system when the person is brought in for treatment. If, for some reason, no blood was drawn at the hospital, the police can still charge a DUI, but they will need other evidence to do so.

I am usually asked whether the police, in those instances, can then consider the fact of an accident as evidence of a DUI. The real issue is, if a legal challenge is raised, the judge in the DUI case must assess what evidence the police considered in charging a DUI. And yes, the fact of an auto accident may be considered, but is not nearly enough—by itself—to charge a DUI. Police know this, however, so it would be quite unusual for police to charge a DUI based on the fact that there was an accident.

Police will need to offer evidence that the driver was impaired. The forms of evidence to show impairment are many. It is a totality of circumstances standard when the case is in court—the judge will consider the totality of all the evidence police have to decide if it is sufficient to accuse someone of a DUI. If the accused later goes to trial, then it is up to a judge or jury to decide if the District Attorney has shown beyond a reasonable doubt that the accused committed a DUI.

If you have been detained on suspicion of a DUI, arrested for DUI, or been involved in an accident in which you believe the police may eventually charge a DUI, you need to get legal advice. If your case (or possible case) is in Lehigh County or Northampton County, I will ask you which police department and which police officer was involved—if you know. This information will assist me to answer your questions because different police officers and departments have different approaches to DUI cases. Call me to talk it through and we will try to make a plan for your case!