Pennsylvania DUI Defense Attorney, David M. Manilla, Esquire

Common Scenarios & Frequently Asked Questions

The Officer never read me my rights.

1. Officers are not required to read Miranda warnings for a legal arrest.

I could not pass the field sobriety tests sober.

1. If you say this, you just admitted you were intoxicated.
2. Many other reasons exist that could create failure other than alcohol.

My driving was fine.

1. Whose basis of comparison; yours or the officer’s?

Should I answer if asked if I was Drinking?

1. Drinking and driving is not against the law.  Being impaired and over the legal limit of 0.08% is illegal.  Therefore, you can say “yes”, but provide no further information.

The Officer did not tell me field sobriety tests were optional.

1. They are, but the officer is not required to say so.
2. It is recommended not to take these tests, decline but be polite.

I passed the field sobriety tests.

1. How do you know?  The officer did not tell you what a passing or failing score was, it is the officer’s opinion.
2. It is recommended not to say to the officer; “I can’t do these tests       sober.”  You have just admitted your guilt of intoxication.

I am afraid of needles, so I opted for a breath test.

1. This is not your choice;  it is the officer’s choice.
2. The breathe test on the street does not count.

Can I get ARD?

1. This program is not open to all persons charged with DUI/DAI in Pennsylvania.

WHAT DUI CAN AFFECT

• Privilege to Hunt
• Purchase of Firearms
• Carrying of Firearms
• Travel to Canada and Other Foreign Countries
• Car Rental
• Auto Insurance
• Privilege to Drive
• Criminal Record
• Employment
• Professional License
• ATV/Boat Operation

Q:  Can I Receive An Occupational Limited License?
A:  Only on a rare occasion are these permitted.

For a free consultation of your DUI case, contact Pennsylvania DUI / DAI defense lawyer David M. Manilla by calling 1.800.DUI.LAWS.