DUI Traffic Stops and Checkpoints in Mercer County, Pennsylvania

The Police Can Pull You Over

Law enforcement officers cannot simply pull you over at random. There are strict legal standards they must follow regarding who they stop and when. The most critical of these standards is “reasonable suspicion.” An officer or trooper must base their decision to stop a vehicle on observable facts, such as a driver swerving across lanes, running a red light, or failing to halt at a stop sign.

If your legal representation can demonstrate that you were stopped illegally—meaning without reasonable cause— your charges could potentially be dismissed. It is crucial to consult with a qualified professional such as Mercer criminal lawyer to review the details of your stop.

DUI Checkpoints in Pennsylvania

In the state of Pennsylvania, DUI checkpoints are frequently called sobriety checkpoints or roadblocks. While these are not legal in every state across the US, they are permitted in Pennsylvania. The legal foundation for these stops comes from a court case known as State vs. Bauer.

A common argument against these checkpoints is that they may violate the principle of reasonable suspicion. However, courts have consistently ruled that the public safety interest in removing drunk drivers from the road outweighs this concern. If you have been stopped at one of these checkpoints, contacting a Mercer DUI lawyer from Logue Law Group can help you understand your rights.

During a checkpoint operation, officers stop vehicles to evaluate drivers for signs of intoxication. For a checkpoint to be considered legal, it must meet four specific criteria:

• Was there sufficient advance warning, including lighting at night?
• Were the operational policies established beforehand to ensure neutrality and standardized procedures?
• Was the checkpoint located in a safe area, clearly visible to approaching motorists?
• Were uniformed officers and marked police vehicles present at the scene?

The officers conducting the checkpoint must adhere to a predetermined formula for stopping vehicles. For instance, they might stop every car, or perhaps every third, fourth, or fifth vehicle.

Officers have the authority to request your name and driver’s license. They may also ask you questions, although you are not legally obligated to provide answers beyond your identification. The officer can only detain you further if they develop reasonable suspicion that you are intoxicated. If you face legal trouble arising from such a stop, the Mercer criminal lawyer can provide guidance.

What Do I Do if the Cops Stop Me?

You should always pull over safely. Find a spot where both you and the officer are out of the flow of traffic, such as a parking lot or a side street. If that isn’t possible, pull onto the shoulder of the road as far as you can. If it is nighttime, turn on your interior dome light so the officer can see you clearly as they approach. Turn off your radio and keep your hands visible on the steering wheel.

By law, you are required to provide the officer with your name, proof of insurance, and driver’s license.

It is important to remember that you are not required to answer any other investigatory questions the officer might ask. You can choose to answer, in which case you should remain polite and brief. Alternatively, you always have the option to state that you will not answer questions without your attorney present. A Mercer criminal lawyer can advise you on how to handle these interactions.

If you feel the stop is taking too long, you can ask if you are free to go. However, if the officer says no, do not attempt to drive away. You should remain inside your vehicle unless the officer instructs you to exit.

If you are ordered to step out of the car, you must comply. Stay calm and exit the vehicle slowly.

If the officer suspects you are intoxicated, they may ask you to perform field sobriety tests or submit to a breathalyzer test. You have the right to refuse these tests, but be aware that refusal comes with penalties, including the potential suspension of your driver’s license.You always retain the right to remain silent and to refuse field sobriety and chemical tests. However, you may still be arrested if the officer believes you are impaired based on other evidence. Refusing to answer questions may limit the evidence the prosecutor can use against you, potentially making their case harder to prove. Following an arrest, especially if you refused testing, reach out to a Mercer DUI lawyer at 412.389.0805 immediately.