What Happens When I Refuse A Blood Alcohol Test in Philadelphia?

It’s your worst nightmare. You’ve been drinking, and the cops pull you over. You hand them your license and registration, and they want to know if you are intoxicated. If that officer thinks that you are under the influence of drugs or alcohol, you need to know what to do to protect yourself. Fortunately, you are not required by law to give them a response to their inquiries. Never tell them anything. All that information can be used to help prove your guilt. Here are some other tips to help you get through a traffic stop for a suspected DUI.

1. Don’t Speak

Officers tend to ask interrogating questions to get you to tell them what they need. Your blood level may not be past the legal limit, but your nerves can make you slur or stumble over your words. In Philadelphia, the officer cannot arrest you for sitting in silence. Silence is often the best answer as the officer cannot testify that you slurred your words at the traffic stop. You will not be charged with refusing to speak or answer interrogating questions from the police.

2. Don’t Get Out Of Your Car

Rule number two is to never get out of a car during a traffic stop. Officers have a hard job these days, and they put their life on the line. If you get out of the car without them explicitly asking you to, then they can see it as a threat. They have no clue whether you have a gun, knife, or could charge them. Plus, it may give the officer the wrong idea about you. Remember, they want to protect themselves at all costs. Stay in the car and cooperate with all their requests.

3. You Can Refuse Field Sobriety Tests

Field sobriety tests are done at the traffic stop to check your balance and coordination. They are done on the side of the road, which further difficult things. The chemical tests are not the same. Most people cannot pass these tests while they are sober. If a person has a condition that causes balance disturbances or shaking, the officer can document that you failed the test when in fact you did not.

Most states, including Illinois, do not require you to submit to these examinations. You cannot get in trouble for refusing road sobriety tests. These tests are all subjective to the officer’s opinion. All they do is further the case against you. There is no reason to incriminate yourself in a silly roadside stunt that will do more harm than good.

4. Understand Implied Consent Law

Police officers use a breathalyzer to determine the blood alcohol level of a suspected driver. Though this seems like a more accurate way to measure intoxication, the accuracy is still suspect. These machines do not always provide correct information. When you get a driver’s license, you automatically sing a waiver that you will submit to chemical testing. This means that a police officer can request that you take blood, urine, or breath tests.

They cannot make you do roadside sobriety tests, but they can make you take a blood alcohol examination. You can be put in jail or have your registration revoked for refusing to submit to any chemical testing.

5. Ask For A Blood Test

A blood test is by far the most accurate way to check your blood alcohol level. If you ever drink and get behind the wheel, you must know the laws. One drink can put you over the legal blood alcohol level. To better understand the rules, speaking with a DUI attorney in the Philadelphia area can help. Because you could lose your license or face jail time, you need legal representation. Because of its accuracy, you should never refuse a blood test.

If you have been arrested, you need legal help. A lawyer can have your chemical testing suppressed. Because these tests are fallible, they can damage your case. Having a competent attorney on your side can means everything. It can be the difference between jail time and freedom. The last thing you need is criminal charges on your record.

FAQ: What to Do During a DUI Traffic Stop in Philadelphia

1) What should I do if I’m pulled over and the police suspect DUI?

If you are pulled over and the officer suspects you may be under the influence, the content emphasizes that you should stay calm and focus on protecting yourself legally by avoiding statements or actions that can be used against you.

2) Do I have to answer an officer’s questions during a DUI stop?

No. You are not required to respond to questions about whether you have been drinking or whether you are intoxicated. The content explains that anything you say can be used to help prove guilt.

3) Is staying silent illegal during a DUI stop in Philadelphia?

No. The content explains that in Philadelphia, an officer cannot arrest you for sitting in silence. You also cannot be charged for refusing to speak or answer interrogating questions.

4) Why is it recommended not to speak during a DUI stop?

Officers may ask interrogating questions to get you to provide evidence against yourself. Even if your blood alcohol level is not over the legal limit, nervousness may cause you to slur or stumble over words, which could later be used in court.

5) Should I get out of my car during a DUI traffic stop?

No. The content recommends staying inside your vehicle unless the officer explicitly asks you to get out. Getting out on your own may be seen as threatening and could give the officer the wrong impression.

6) Can I refuse field sobriety tests in Illinois?

Yes. The content explains that most states, including Illinois, do not require drivers to submit to roadside field sobriety tests. You cannot get in trouble for refusing these tests.

7) Why are field sobriety tests risky?

Field sobriety tests are subjective and depend heavily on the officer’s opinion. They are performed on the side of the road, which can make them harder to complete. Even sober people may fail, and medical conditions like balance issues or shaking may cause an officer to incorrectly document failure.

8) What is implied consent law?

Implied consent means that when you get a driver’s license, you automatically agree to submit to chemical testing if requested by police. This may include breath, blood, or urine testing.

9) Can police force you to take a chemical test?

According to the content, police can require chemical testing (breath, blood, or urine) under implied consent laws. While field sobriety tests can be refused, chemical testing is treated differently.

10) What happens if I refuse chemical testing?

The content explains that refusing chemical testing can lead to serious consequences, including being jailed or having your registration revoked.

11) What is the most accurate way to measure blood alcohol level?

The content states that a blood test is the most accurate way to measure blood alcohol level.

12) Should I ask for a blood test during a DUI investigation?

Yes. The content recommends asking for a blood test because it is the most accurate method. It also advises never refusing a blood test due to its reliability.

13) Why should I speak to a DUI attorney after a DUI arrest?

A DUI attorney can help you understand the laws, protect your rights, and potentially challenge chemical testing evidence. The content explains that an attorney may be able to suppress chemical testing results if they are unreliable or improperly handled.

14) Can chemical test results be challenged in court?

Yes. The content notes that chemical tests are not always accurate and can sometimes be suppressed by a lawyer, which may significantly impact the outcome of the case.

15) Why is legal representation important in a DUI case?

Because a DUI can result in license loss, jail time, and a criminal record. The content emphasizes that having a competent attorney can make the difference between jail time and freedom.