What to do if you’re stopped for drunk driving New Year’s Eve

2021 is almost here after a tough 2020.  A drunk driving arrest, however, isn’t the way to end the year and start the new one!   An arrest and a conviction will make your life very complicated 2021 as it will result in legal fees, a drivers license suspension and possible jail. A DUI/DWI conviction will further compound your situation administratively, financially and professionally. Not only are you facing criminal charges, a DMV hearing and a license suspension but you may also be looking at thousands of dollars in fines, fees and court costs. While it is common knowledge that driving after drinking alcohol is obviously against the law in Pennsylvania and New Jersey people still do it everyday.

Below are several things you should do (and not do) if you have been pulled over for a DUI in PA or NJ on New Year’s Eve or any time:

1. Once police are behind you and flash their lights carefully pull over to side of the road using your turn signal.

2. As the police officer, or officers, approach your vehicle stay inside the vehicle with your hands on the steering wheel.

3. Be courteous, polite and cooperate with police. 

4. Once the arresting officer asks for it, produce your driver’s license, vehicle registration and proof of insurance.

5. If you choose to you may invoke the Fifth Amendment. This means that you do not have to answer any questions they ask you. If the police officer asks if you have been drinking calmly say that you are claiming or invoking your Fifth Amendment right not to incriminate yourself.

6. If and when you are asked to take a chemical test or blood alcohol test you do not have the right to refuse that test. Never refuse a chemical test!  It will not help your case!  Due to Pennsylvania’s Implied Consent Law you must take the test. Otherwise, your driver’s license will be automatically suspended for a period of 12-18 months. The period of suspension is determined by your previous DUI history.

7. Do not get out of your vehicle unless you are asked to. If you are asked to get out try very hard not to stumble or fall when getting out.

8. Refuse any and all field sobriety tests. These are not required under Pennsylvania or New Jersey law. You can fail these tests for numerous reasons even if you are completely sober such as having poor balance, poor vision and or a medical condition such as diabetes or hypoglycemia. 

9. If you are ultimately arrested for DUI in New Jersey or the Philadelphia, Pennsylvania area it behooves you to speak with an experienced DUI lawyer at once. Take the first step towards protecting your rights and driving privileges. 

Contact Philadelphia DUI Defense Attorney Alfonso Gambone for a free consultation. As your attorney Mr. Gambone will do everything in his power to get you an acquittal or have your charges dropped or dismissed. If success at trial isn’t an option, he will do everything necessary to minimize the consequences of your pending charges.

Mr. Gambone serves the Philadelphia and South Jersey areas. This includes Abington, Atlantic City, Bristol, Broomall, Cherry Hill, Doylestown, Media, Norristown, Philadelphia, Salem, Upper Darby, Upper Merion, Upper Providence and Vineland.