Legal Question in DUI Law in Pennsylvania

I recently was arrested and charged with DUI. I was not pulled over and was not in an accident. My front wheels were stuck on the side of the road, despite several people attempting to push it out. A local bus driver called for a tow to pull the car out. No damage was done at all. While waiting for the tow, the local police came to the scene, without being called. I was not in the car at this time, nor was the car running. There was a spilled drink stain on my shirt, and I was given a FST and breathalyzer. Based on the results, I was arrested and required to stay in a cell until someone could pick me up. I was very compliant and polite, and did not show any resistance. Although I was not operating a vehicle or inside a vehicle at the time the officers arrived, and I was not in an accident, am I still able to be charged with DUI?


Asked on 10/01/12, 4:30 pm

1 Answer from Attorneys
Michael Kotik Lawyer Michael Kotik | Criminal Lawyer

Response by Lawyer Michael Kotik from LegalPhilly.com

The officer might have had probable cause to suspect that you were in fact under the influence and was driving the vehicle. If he had that, he is allowed to give you the breathalyzer test. However, there are still ways to fight this type of case. If you would like more information, please feel free to email me at [email protected]

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Answered on 10/02/12, 3:08 am


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