In Pennsylvania, DUI charges often hinge on the totality of circumstances observed during a traffic stop, as well as the defendant’s compliance with requests for chemical testing. A recent Pennsylvania decision issued in a DUI case highlights the evidentiary considerations in such cases, particularly when a defendant refuses chemical testing. If you are charged with a DUI crime, it is essential to understand your rights, and you should speak to a Pennsylvania DUI defense attorney as soon as possible.
History of the Case
It is reported that the defendant was stopped by for traffic violations, including driving without headlights and failing to signal lane changes. Allegedly, upon approaching the defendant’s vehicle, the arresting officer observed a strong odor of burnt marijuana and noted that the defendant admitted to smoking a marijuana blunt shortly before the stop. The defendant also admitted to consuming alcohol approximately an hour and a half prior to the stop.
Reportedly, the officer conducted field sobriety tests, during which the defendant exhibited multiple signs of impairment, including difficulty maintaining balance and following instructions. Based on these observations, the officer arrested the defendant on suspicion of DUI and requested that he submit to a blood test. While the defendant initially agreed to the test, he later refused, thereby depriving the prosecution of potentially corroborative chemical evidence. Continue reading