What Are Common Situations in DUI Traffic Stops?
As we ring in 2026, many Pennsylvanians are celebrating the New Year with parties and public festivities. However, the transition from New Year’s Eve to New Year’s Day is historically one of the most heavily patrolled nights for Pennsylvania law enforcement. With increased DUI checkpoints and roving patrols, it is essential to understand your rights and the legal landscape of a traffic stop.
At Foltz Law, we want you to stay safe and informed. Here is a breakdown of the basic situations you might encounter during a DUI traffic stop in Pennsylvania.
Your Duty to Provide Documentation
If you are pulled over, Pennsylvania law is very clear about your obligations as a driver. Under the Pennsylvania Motor Vehicle Code, you must possess and exhibit your driver’s license, vehicle registration, and proof of insurance upon demand by a police officer.
A recent Pennsylvania Supreme Court case, Commonwealth v. Chisebwe, reaffirmed that failing to produce these documents "upon demand" is a summary offense. In that case, the driver refused to provide his ID and instead requested an attorney and his Miranda rights; the court upheld his conviction because these statutory duties as a driver in Pennsylvania must be met.
Answering Questions and Miranda Rights
One of the biggest misconceptions is when "Miranda rights" (the right to remain silent) actually apply during a traffic stop.
Routine Stops: The United States Supreme Court in Pennsylvania v. Bruder held that during an ordinary traffic stop, you are generally not considered to be in "custody." Therefore, police do not have to read you your rights before asking preliminary questions, and any statements you make can be used against you.
Investigatory Questions: If an officer's questions go beyond basic traffic infractions or start to become incriminating, you have the right to refuse to answer and ask for a lawyer.
Custodial Interrogation: If you are involuntarily detained—such as being placed in the back of a patrol car—you are in "custody." In Commonwealth v. Turner, a statement made by a driver in the back of a police car was suppressed because he was not given Miranda warnings before being questioned.
What do you do if police start asking how much you have had to drink or where you are coming from? Politely decline to answer these questions and request a lawyer.
Field Sobriety Tests (FSTs)
You are legally permitted to refuse to perform field sobriety tests (like walking in a straight line or standing on one leg). However, you should be aware of the consequences:
An officer can use your refusal as a factor when deciding if they have probable cause to arrest you for DUI.
Your refusal can be introduced as evidence against you at trial to suggest a "consciousness of guilt", according to the Pennsylvania Superior Court in Commonwealth v. Angel.
Blood and Breath Tests: The Implied Consent Law
While you can refuse the physical roadside tests, the rules change once you are asked to submit to a chemical test (blood or breath).
The Mandate: Under Pennsylvania's "Implied Consent" law, anyone driving on Pennsylvania roadways is deemed to have given consent to chemical testing if an officer has reasonable grounds to believe they are driving under the influence.
The Penalty: Refusing a chemical test results in an automatic 12-month license suspension (or 18 months if you have prior DUIs or refusals), even if you are later found not guilty of DUI.
Trial Impact: Commonwealth v. Bell holds that much like FSTs, your refusal to take a blood or breath test is admissible in court and can be considered by a judge or jury when determining your guilt.
DUI Checkpoints
On holidays like New Year's Eve, police often use checkpoints to screen for intoxicated drivers. For a checkpoint to be legal in Pennsylvania, it must follow specific guidelines reinforced in Commonwealth v. Mercado:
Stops must be brief and cannot involve a physical search.
There must be sufficient warning, such as signage or a public posting, that a checkpoint exists.
The location and time must be approved by administrative officials based on local data regarding where impaired driving is likely to occur.
Officers cannot use "unfettered discretion"; they must stop vehicles based on a pre-fixed objective standard (e.g., every third car).
If a checkpoint fails to meet these standards, any evidence gathered—including any statements made, the results of a blood test or a field sobriety test—may be suppressed in court.
If you or a loved one were stopped and charged with DUI related offenses, contact us for a free consultation.
