Will I get charged with a DUI if I was not arrested along with other questions in regards to a DUI in Pennsylvania.
Does it matter if there were 2 bars within 100-200 yards from the check point? (Entrapment?)
They stalled ~45mins before blood was taken.
I was never told whether I passed any tests or not.
Blood was not taken inside an ambulance, hospital, or medical van. I sat on a folding chair at a card table out in the open, under nothing. I did see the needles pulled from packaging. I never signed anything.
I was completely cooperative and polite to all officers through out the ordeal.
6 attorney answers
Depending on the blood analysis, yes, you could very likely receive a summons to appear to answer to a DUI charge. They stalled because your blood concentration would be higher a few hours after drinking than it would be immediately after drinking.
Polite is good, but why do people think being cooperative with the police is a good thing? You are not supposed to be cooperative. You are supposed to protect your self by invoking every right our Constitutions afford you. Like not incriminating yourself by admitting anything and not performing voluntary tests when you do not have to perform them.
We are living in a police state when you can be dragged out of your car in the middle of the night and forced to be injected by needles to draw blood to search for evidence of a crime without probable cause.
The question is, for how long are we all going to put up with this?
This answer is my personal opinion, offered for informational purposes only. It is not a legal opinion, nor is it legal advice, nor does it create an attorney-client relationship with anyone reading it.
I do not see any of the issues that you point at as significant. However, there are always many issues that pop up in DUIs when a trained eye reviews the case fully. Hire an attorney to do a full and proper review.
Michael L. Doyle
You really need to speak to an expereinced DUI attorney and go over all the details. First, DUI checkpoints are considered Constitutional only if they are done within certain guidelines. So, your DUI attorney needs to look into whether just stopping you was a violation of your rights. As far as being arrested, they are supposed to tell you when they arrest you, but that is not a fatal erro on their part. As far as being read your rights, they only have to Mirandize you if you have been arrested and if they question you. If they failed to read you your rights and questioned you, those answers can be and should be suppressed. The 45 minute delay is not a bar to using the test results, but does complicate the issue of what your blood alcohol level was at the time you were driving. Due to how long it takes to absorb alcohol and how long it takes to burn it off, your blood alcohol level could have been higher or lower at the time of driving than when you were tested depending on when you finished drinking. The issues concerning the blood draw probably do not bar the test results, but could be used to raise some doubt, if through nothing else showing the test was done sloppily. The fact there were bars nearby is useful, if you had been drinking there, because it makes it more likely you have a rising blood alcohol defense. Your home being nearby is irrelevant, but not unimportant. If you do have a valid rising blood alcohol defense, while juries usually hate acquitting based on that, if you were almost home, it makes it easier for the jury to say not guilty.
Any comments offered are not intended as legal advice. This attorney does not know the specifics of the particular case sufficiently to offer legal advice. You should hire a lawyer who can evaluate the details of your specific situation before offering advice.
It is definitely NOT entrapment to set up a checkpoint near the bars. Based on what you have said, this stop sounds completely by the book. If your BAC comes back high enough, I would expect a summons and complaint in the mail in a couple weeks.
The police do not need to put you into handcuffs, advise you of the Miranda warnings, transport you to a hospital for the blood test, and then immediately file charges. In many checkpoint cases, the police have a blood tech from the hospital at the scene and ready to withdraw blood. Police generally do not issue Miranda warnings in a DUI investigation until after the blood is drawn because they also read warnings to you immediately prior to the blood draw advising that you do NOT have the right to talk to an attorney at that time. I do not believe that you have any entrapment issue with regard to the placement of the checkpoint, but you should contact an experienced defense attorney in your area to discuss whether or not the police did comply with the requirements of lawfully setting up the checkpoint. If the checkpoint was not established in accordance with the law, then you could argue that the detention was unlawful and all evidence must be suppressed. Contact a local attorney to discuss your case in more detail.
Jason S. Dunkle, Esquire
State College, PA 16801
It is very possible that you will be charged depending upon what your BAC was. You will not know this until the blood analysis come back. This could be anywhere from a week to a few months.
With regard to sobriety check points there are specific rules that must be followed in order to determine if the check point was valid. Certain procedures must be followed. The fact that there were a couple of bars nearby does not rise to the level of entrapment.
Certain procedures must also be followed with regard to the blood draw. One of those rules is that the draw needs to occur with in 2 hours of your driving so the 45 min is probably not a big deal. You would be very wise to retain criminal defense counsel to assist and advise you with this matter. If there are challanges to be made you will need counsel to advise you. There are several AVVO posters who handle these types of matters out that way including Dean Morgan and I'm sure others you may want to look them up on Avvo and solicit their advice. Best of Luck.
This information does not create an attorney /client relationship and should not be use or relied upon to make any decision in your case. Only consultation with your own attorney can provide you with the advice you need for your case.