Legal Question in DUI Law in Pennsylvania

How many tests for a dui can the police give you before it counts as harrassment?


Asked on 2/22/11, 11:22 pm

1 Answer from Attorneys

Cary Hall Law Offices of Cary B. Hall, L.L.C.

There's no magic number to define such a thing. Typically, cops will give a DUI suspect three or four roadside sobriety tests to establish probable cause to arrest -- although it may be less (or none) given the conditions of the stop.

If you were given more than three or four tests (and especially if you passed any), I'd say you could make an argument that you were obviously *not* impaired, and that the cops just had it in for you and were putting you under a microscope in order to justify your arrest. So suddenly "harassment" becomes "trial argument," see?

Best of luck to you.

Cary B. Hall, Esquire

Law Offices of Cary B. Hall, L.L.C.

121 East Chestnut Street, Suite 205

Souderton, PA 18964

T: (267) 663-9995

F: (215) 525-4364

[email protected]

http://www.carybhall.com

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Answered on 2/23/11, 5:12 am


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