What is the process for a DUI arrest state police?
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What is the process for a DUI arrest state police?
The officer did not advise why I was stopped, immediately asked me to get out of the car, performed a field sobriety test, arrested me but did not advise me of what my BAC was nor did he advise me of my Miranda rights, took me to the hospital for a blood test then to the barracks. I never signed anything, received no paperwork and was given my license back before leaving (with a friend that came to pick me up). Everyone says that he should have advised why I was stopped, told me my BAC, read me my rights and had some sort of paperwork for me to sign before I left. Is this correct?
Asked on May 30, 2012 under Criminal Law, Pennsylvania
Answers:
Andrew Goldberg
Answered 12 years ago | Contributor
Within the next 3-4 weeks, by mail, you will receive a Criminal Compant charging you with DUI and a notice for your Preliminary Hearing at the District Court Level. Penssylvania is an implied consent State. When the police officer asks you to undergo a breathalyzer or a blood test, he does not have to ask for your consent or read Miranda rights to you in the DUI context. Our State requires you to aadhere to the officer's request for a breathalyzer or blood test or you wi8ll suffer a license suspension of 1 year.
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