Michael Worgul, an experienced Pittsburgh DUI attorney, represents clients who are charged with driving under the influence of drugs and alcohol in Pittsburgh and throughout Pennsylvania. We will aggressively investigate the circumstances surrounding your stop, field sobriety and chemical testing, witness testimony as well as arrest procedures and protocol. We have successfully defended people throughout Pennsylvania charged with DUI just like you. Our law firm receives many questions about DUI issues so we have provided answers to many common questions.
What signs do police look for when patroling for drunk drivers?
The National Highway Traffic Safety Administration (NHTSA) has found that drivers who are under the influence of alcohol typically exercise certain behaviors including delayed reaction times, weaving, swerving, and drifting, as well as driving without headlights at night. The police routinely look for this kind of driving practice and drivers that are driving exceedingly slow or extremely fast.
How do I respond if the officer asks me if I have been drinking?
You do not have to answer potentially incriminating questions. A polite “I would like to speak with an attorney before I answer any questions” is enough. If the officer insist on you answering his questions you should politely ask why you have been retained and if you are free to go. If you have been drinking and may be over the legal limit, it is never in your best interest to admit that fact. Despite what you might see on crime dramas on television, a person does not help their cause by admitting to drinking.
If I request an attorney does the officer have to honor my request?
The right to a Miranda warning and right to counsel is triggered by being taken into custody (i.e. arrest). However, it is sometimes unclear exactly when a brief detention becomes a custodial situation. You should always indicate that you wish to confer with an attorney before providing information beyond mere identification, license or registration. It is a good idea to be polite and courteous as an officer looking for a reason to take you into custody can usually find one.
Will the officer make me take field sobriety tests when pulling me over?
The officer will look for initial indications of intoxication, such as bloodshot eyes, slurred speech and odor of alcohol on your breath. The officer will also note any indications of confusion, lack of coordination or difficulty following instructions. These symptoms are all circumstantial subjective and open to interpretation. This means that an experienced DUI defense attorney can usually challenge the relevancy and significance of these observations. The officer will use any indications of impairment during the brief initial stop as a grounds for requesting field sobriety tests. (FSTs)
What if the officer asks me to submit to field sobriety tests?
You should politely decline. The tests are not designed to determine some sort of “objective facts” regarding whether you are intoxicated but merely to build evidence to be used against you at trial or as part of the probable cause for arrest. While the state’s implied consent law means that you must submit to formal chemical testing or risk an administrative suspension of your driver’s license, you are not required to submit to FSTs. FSTs are administered with the expectation that you will fail so generally there is no benefit in submitting to the tests.
Can I refuse to submit to chemical testing?
While you generally cannot be physically compelled to take a chemical test, the implied consent law means that there are consequences to a refusal. If you refuse to submit to a chemical test, it will result in a 12 month administrative suspension of your driver’s license.
What if I never received a Miranda warning?
An experienced criminal defense attorney may file a motion to suppress any incriminating statements, admissions or evidence that resulted from such statements or admissions. If you were not read your Miranda warning or attempted to assert your rights but your request was ignored, it is critical to share this information with your criminal defense attorney.
Why did I receive two separate DUI charges?
Driving under the influence/driving while intoxicated (DUI/DWI) is the common charge, but you will also receive a second charge which is called a “per se” offense if your blood alchol concentration is .08 percent or above. While you will be charged with both, you can only be convicted of one. DUI/DWI is typically prosecuted based on observations of the officer that the driver was impaired such as observations of erractic driving as well as officer observations after the stop including slurred speech, odor of alcohol and bloodshot, watery eyes. Field sobriety test results will also be used if the case is prosecuted this way. The “per se” offense simply involves establishing the validity of a driver’s blood alcohol concentration test at .08 percent or above.
Do I really need an attorney for a DUI offense?
A DUI charge is serious, and a conviction can result in very severe penalties including incarceration, significant fines, probation, and other consequences. A DUI conviction can also mean lost job opportunities, denial of financial aid, difficulty renting property and denials of professional licenses. Despite these serious consequences, an experienced Pennsylvania DUI attorney can often develop effective strategies which can prevent these serious penalties and other long-term consequences of a DUI conviction.
What if the officer asks me to submit to field sobriety tests?
You should politely decline. The tests are not designed to determine some sort of “objective facts” regarding whether you are intoxicated but merely to build evidence to be used against you at trial or as part of the probable cause for arrest. While the state’s implied consent law means that you must submit to formal chemical testing or risk an administrative suspension of your driver’s license, you are not required to submit to FSTs. FSTs are administered with the expectation that you will fail so generally there is no benefit to submitting to the tests.
When the officer asks me to follow the penlight flashlight with my eyes?
The test is called the horizontal gaze nystagmus test and is used to determine your ability of your eyes to follow the light but also to correct themselves when they are slightly off-course. Drivers under the influence will have a harder time following the light and making these corrections.
Can I refuse to submit to chemical testing?
While you generally cannot be physically compelled to take a chemical test, the implied consent law means that there are consequences to a refusal. If you refuse to submit to a chemical test, it will result in a 12 month administrative suspension of your driver’s license.
What if I never received a Miranda warning?
An experienced criminal defense attorney may file a motion to suppress any incriminating statements, admissions or evidence that resulted from such statements or admissions. If you were not read your Miranda warning or attempted to assert your rights but your request was ignored, it is critical to share this information with your criminal defense attorney.
Why did I receive two separate DUI charges?
Driving under the influence/driving while intoxicated (DUI/DWI) is the common charge, but you will also receive a second charge which is called a “per se” offense if your blood alchol concentration is .08 percent or above. While you will be charged with both, you can only be convicted of one. DUI/DWI is typically prosecuted based on observations of the officer that the driver was impaired such as observations of erractic driving and officer observation after the stop including slurred speech, odor of alcohol and bloodshot, watery eyes. Field sobriety test results will also be used if the case is prosecuted this way. The “per se” offense simply involves establishing the validity of a driver’s blood alcohol concentration at .08 percent or above.
Do I really need an attorney for a DUI offense?
A DUI charge is very serious and a conviction can result in very severe penalties including incarceration, significant fines, probation, and other consequences. A DUI conviction can also mean lost job opportunities, denial of financial aid, difficulty renting property and denials of professional licenses. Despite these serious consequence, an experienced Pennsylvania DUI attorney can often develop effective strategies which can avoid these serious penalties and long-term consequences of a DUI conviction.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues throughout the state of Pennsylvania.
I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
