What should I expect? DUI?

Q: On New Year’s Eve, I was pulled over. I had been drinking and also had a small amount of cocaine on driver’s side. I would say .5grams. The passenger had a lot more he also told the police what was on my side was his. I think they found it on the floor of driver’s side. The passenger was arrested. I was compliant and cooperate to the best of my ability with the police. They detained me, took me back to the station. I did a sobriety test there and passed, agreed to a breathalyzer and failed .135. They let me call a friend to pick me up. However, they did not tell me what I was being charged with or given any paper work. What should I expect? DUI, drug charge? Both?

A: I would guess both.  The police don’t have to tell you what they are charging you with. Sometimes there are not sure as they need to consult with the chief, a DA, or think about it after writing everything up. You can expect to be arrested by summons. A summons is a written notice for you to come to court for a preliminary arraignment, preliminary hearing, as well as a fingerprinting order. It will be sent to you both by regular mail and certified mail, return receipt. I assume you will be charged with 2 or 3 counts of DUI, possession of cocaine, and any motor vehicle summary offense that the police will use to justify stopping your car. Once you receive these papers, take them to a lawyer. The summons process is permitted under the PA Rules of Criminal Procedure to be used for most misdemeanor arrests when the police feel your contact information shows you have sufficient ties to the community, and will likely show for court. It is better for you than the traditional arrest process which would have resulted in your car impounded and you and you buddy spending the New Year’s Eve and the first day of 2017 in the jail.

Will I get arrested for DUI?


Q: If I didn’t get cited or tested for being drunk, will I still get a DUI in the mail? See details below. I drove home (stupidly) from the bar the other night. After a mile, I realized I needed to pull over. Between being tired and having a few, I really just wanted to close my eyes for a minute in a parking lot. Next thing I know security is there and calls the state cops on me. The cops came and they never got out of their car. They asked me to get out and talk to them. I remember the cop taking my information, but I never signed anything, received a paper or even got tested in any way. No breathalyzer, no sobriety test. I did admit to having been drinking because I knew he could smell it on me. I told him where I had been. He asked if I did drugs. I said never in my life, which is true. Those are basically some of the only questions he asked me. He let me call my husband to pick me up. (North Huntington, PA)

A: Not knowing exactly what the police will say that they observed as to your condition, and going on your recollection, which is a bit vague, I certainly cannot promise you will be not be arrested. The fact that the police didn’t get out of the car to give you field sobriety tests, nor take you in for testing, leads me, if I had to guess, that you will not be charged with DUI. All you can do at this point is check your mail as if you are arrested, it will likely be by summons (in the mail). Whatever you do, do not voluntarily go to the police as some people do and make a statement.