One question that comes up with great frequency regarding the charge of DUI in Pennsylvania is do I have a right to an attorney? Generally speaking the right to an attorney frequently comes up and is brought up the police when they read an accused his or her Miranda rights. DUI refusal to submit to testing The Miranda rights advise an accused that he or she has a right to an attorney before deciding whether or not to answer questions that the police have. The police are only required to advise an accused of his Miranda rights when the criminal defendant has been taken into custody. Under Pennsylvania law, custody means that an accused has either been arrested or placed into handcuffs. Accordingly, the police are not required to advise a criminal defendant of his or her Miranda rights until the defendant has been arrested. What is the penalty to the police if the police do not read or advise someone of his Miranda rights? The penalty or remedy is that any statements that a criminal defendant made to the police (when the officer was asking questions to the accused) are not permitted to be heard by the judge or jury
So since we know that an accused does not have the right to a lawyer until he is arrested, does he have a right to a lawyer when he is asked to consent to the testing or drawing of his blood for DUI purposes? The answer to this question is somewhat muddled. DUI homicide He may depending upon the county that he is in. Berks county and Philadelphia County has ruled that a criminal defendant does have the right to an attorney before he decides whether or not to consent allowing the police to draw his blood. Chester County and Lancaster county have ruled that a criminal defendant does not have this right. Make sure to contact the former prosecutors and DUI lawyers at Kelly & Conte.