Greensburg, PA asked in DUI / DWI for Pennsylvania

Q: Need help DUI no paperwork put in handcuffs was told I was under arrest but never given my rights what can I do

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1 Lawyer Answer

A: You were probably arrested, and then let go after you were "processed" (i.e., fingerprinted) after you either submitted to chemical testing (usually blood or breath) or after you refused such tests. Often, you won't be formally charged until the results of chemical testing are returned to the police, esp. for blood tests. At that point, if you were over the legal limit, a Police Criminal Complaint will be filed with your local Magisterial District Court and a criminal case against you for DUI will ensue. If that happens, you'll get a summons in the mail and all relevant paperwork.

Police do not have to advise you about your "rights" until you are actually arrested. If they obtained everything they need to establish probable cause to arrest you for DUI *before* you are arrested, they don't need to interrogate you, etc. after you're arrested -- and therefore they don't need to worry about advising of your right to remain silent, have an attorney present, etc.

If you get charges in the mail, I advise you to contact (and hire) a criminal defense attorney to help you minimize or even beat the DUI charges against you. Best of luck to you.

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