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Pennsylvania - First DUI - Was not taken to station for processing.

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paonce

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

Hello,

I would like to explain the entire process of my DUI - Was my first alleged DUI. I have not received a ticket in over 12 years in the state of Pennsylvania.

I was driving home and was 45 minutes into my drive with 15 minutes remaining. I really needed to use the bathroom so I made a right into a small development with the intention of using the bathroom next to a tree. I pulled my car to the side of the road, opened the door and took two steps out and noticed a car pulling into the development. I quickly got back into my car; no attempted urination had started. As i put the car in drive the car behind me turned on its police lights so I just pulled up another few feet and put the car in park.

The police offer approached my car, the following questions were asked:

Q - Where are you coming from?
A - The City

Q - Why did you get out of your car?
A - Honestly, officer I needed to use the bathroom.

Q - Did you see my car?
A - No, I noticed a police car about a mile back in the median with its lights off.

Q - That wasn't me. Did you notice you drove by my car going in the opposite direction.
A - I did not.

Q - License and Registration
A - Yes Sir.

Q - Please step outside of the car.
A - Yes Sir.

Sobriety test starts:

Q - Please take 15 steps, placing one foot in front of the other.
A - Yes, sir.

I did this test twice, with sandals on. I stopped for three times during the two iterations of the test to gain balance; very slightly.

Q - Please hold your right foot in the air with your hands at your side for 15 seconds.
A - Yes, sir.

Basically, I stopped momentarily once per iteration to gain my balance, very slightly.

Officer did not say anything during the test.

I feel I passed the test.

The officer then administered the breathalyzer; no results provided.

Q - I am placing you under arrest for DUI.
A - Ok.

At this point, within 7 minutes, I was taken to a local hospital which was about 5 miles away.

The officer informed me that my car would be impounded and I could pick it up in the morning.

We arrived at the hospital and the a nurse administered the blood test within 25 minutes.

I did not say one word during transport to the hospital or during the time in the hospital. I kept my head down the entire time and only said 'Thank You' at one point when the officer handed me my license, registration and insurance back prior to the blood test starting.

The officer asked me a few basic questions: Name, Place of birth, weight, etc.

Right before the blood test started the officer said the following:

Officer - We will just take a blood sample, I will then take you outside and you can be on your way to have someone pick you up.

The blood test was completed, the officer took me outside and removed the handcuffs. I asked where I could use the restroom and the officer mentioned I could go back in the hospital and there is a bathroom inside.

I was now released; called a family member who arrived to pick me up.

When my family member arrived we had a miscommunication as to where I was waiting at the hospital. As a result, my family member went into the hospital to inquire as per my location. The person said the following:

"DUIs arrive in handcuffs and leave in handcuffs. After the blood test they are taken to the station where they can be picked up. "
-------------
My questions:

Why wasn't I taken to the police station for processing, fingerprints, etc?

What does this mean?

Is this normal not to be processed?

________
Any help, advise or suggestions would be appreciated.
 


FlyingRon

Senior Member
You're mistaken if you think you need to be "contemporaneously" booked. Many jurisdictions in PA will just do so at your preliminary hearing and arraignment.

Everybody thinks they passed the FSTs.

Your lawyer will need to discover the BAC from the blood test.

The wheels of justice don't spin quickly on things like this in PA. It could take a couple of months for you to actually get the charges and the order to appear for the prelims.

You should however be finding a lawyer now. They will have some preemptive stuff for you to do.
 

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