DUI Traffic Stops and Checkpoints in Pittsburgh, Pennsylvania

The Police Can Pull You Over

Law enforcement officers cannot pull you over without a valid reason. There are specific standards they must follow to decide when and whom to stop. The most significant standard is “reasonable suspicion.” This means an officer must base their decision to stop you on observable facts, like seeing a driver swerving, running a red light, or failing to stop at a stop sign.

If your Pittsburgh DUI lawyer from the Logue Law Group can demonstrate that the traffic stop was conducted illegally—meaning without reasonable cause—any resulting DUI charges against you are likely to be dismissed. This is a critical aspect of your defense.

A skilled Pittsburgh criminal lawyer can analyze the details of your stop to identify any violations of your rights.

DUI Checkpoints in Pennsylvania

In Pennsylvania, DUI checkpoints are also known as sobriety checkpoints or roadblocks. While not permitted in every state, they are legal in Pennsylvania. The legal foundation for these checkpoints is established by a court case known as State v. Bauer.

A common argument against these checkpoints is that they seem to violate the principle of reasonable suspicion, as officers stop vehicles without observing any specific wrongdoing. However, courts have consistently ruled that the state’s interest in removing drunk drivers from the road outweighs this requirement. If you find yourself in this situation, it is wise to consult a Pittsburgh DUI lawyer.

During a checkpoint, police stop vehicles to check if drivers are under the influence. For a checkpoint to be considered legal in Allegheny County and elsewhere in Pennsylvania, it must meet four specific criteria:

• Did it provide sufficient advance warning to drivers, including proper lighting at night?
• Did it follow pre-established, neutral policies to ensure standardized procedures were used?
• Was it established in a location that was safe and clearly visible to oncoming traffic?
• Were there clearly marked police cars and uniformed officers present at the location?

The officers conducting the checkpoint must use a predetermined, non-discriminatory formula to decide which vehicles to stop, such as stopping every vehicle, or every third, fourth, or fifth one. This ensures the process is neutral and not based on arbitrary decisions.

Officers at a checkpoint can ask for your name and driver’s license. They might also ask you questions, but you are not legally obligated to answer them. The officer can only detain you for a longer period if they develop a reasonable suspicion that you are intoxicated based on their observations.

What Do I Do if the Cops Stop Me?

Always pull over in a safe location, away from traffic. If possible, turn into a parking lot or onto a side street. Otherwise, pull over to the shoulder of the road. At night, turn on your interior dome light so the officer can see you as they approach. Turn off your radio and keep your hands on the steering wheel.

You are legally required to provide the officer with your name, driver’s license, and proof of insurance.

Remember, you do not have to answer any other questions the officer may ask. You can choose to answer, and if you do, be polite and concise. You always have the right to inform the officer that you will not answer questions without your Pittsburgh DUI lawyer present.

If you feel you are being detained for too long, you can politely ask if you are free to leave. However, if the officer says no, do not attempt to drive away. Always stay in your vehicle unless you are instructed to get out.

If you are asked to exit your vehicle, you must comply. Stay calm and exit the car slowly.

If the officer suspects you are intoxicated, they may ask you to perform field sobriety tests or submit to a breath test. You have the right to refuse these tests, but doing so carries penalties, such as an automatic suspension of your driver’s license.

You always have the right to remain silent and can refuse to perform field sobriety and chemical tests. Even if you refuse, you may still be arrested if the officer believes there is probable cause that you are impaired. Refusing to answer questions can limit the evidence the prosecution has against you, making their job more difficult. After any arrest, especially if you have refused DUI testing, you should contact or call us at 412-387-6901 for hiring a Pittsburgh criminal lawyer immediately.