Spivak Law Firm | Pittsburgh, PA

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Pgh DUI Lawyer

5 DUI Tips In Pennsylvania

If you are stopped for driving under the influence (DUI) of alcohol, illegal drugs, or controlled substances, protect your legal rights by following these five tips:

  1. Treat the Officer with Courtesy and Respect: Behaving badly when you’ve been stopped can only make your case worse.
  2. Answer Questions Directly Without Volunteering Additional Information: Do not hurt your case by giving information to the officer that could later be used against you.
  3. Politely Decline Any Field Sobriety Tests: Field sobriety tests are not mandatory in Pennsylvania.
  4. Allow the Police to Administer Breathalyzer or Blood Test: If you decline to take one of these tests, your driver’s license may be suspended automatically for one year, even if you are not criminally convicted.
  5. Call a DUI Lawyer: Having an experienced lawyer on your side can help your case.

Spivak Law Firm strongly defends people arrested for DUI.  If you face DUI charges, call us at (412) 344-4900 or toll free at (800) 545-9390.

Arrested For Drunk Driving?

If you’ve been arrested for drunk driving, an experienced DUI attorney can help by:

  • Determining whether police had the right to pull you over: If police lacked sufficient evidence to pull you over, then it may be considered an illegal stop rendering evidence inadmissible in court.
  • Analyzing the chemical testing procedures: Breathalyzers, for instance, can produce inaccurate results if not properly calibrated.
  • Assessing why you exhibited traits of a drunk driver: For example, your eyes may have been bloodshot due to fatigue or allergies.

Based in Pittsburgh, Spivak Law Firm handles all areas of criminal defense, including: DUI, domestic violence charges such as assault, harassment, and terroristic threats, and all preliminary hearings and summary trials. We also help people to expunge their criminal records so they can move on with their lives.

To speak with an experienced criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

DUI: Voluntary Consent


DUI Pic5Law enforcement cannot conduct a blood draw during a DUI arrest without a warrant or voluntary consent, according to a recent opinion by the U.S. Supreme Court.

DUI offenders previously charged with the highest level of impairment for contesting a blood draw may now potentially be charged and sentenced at the lowest level of impairment.

This is a major development, particularly because of mandatory sentencing laws. For instance, in Pennsylvania if you were charged with a second DUI at the highest level of impairment, you faced 90 days incarceration at the minimum. But charged at the lowest level of impairment, you face a minimum of five days incarceration.

To speak with a Pittsburgh DUI and criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

DUI Law: Blood Tests


200274121-001The U.S. Supreme Court in Birchfield v. North Dakota recently declared warrantless blood draws made during DUI arrests unconstitutional. The Court reasoned that a blood draw poses substantial privacy concerns because a blood test reveals more about a person than simply blood alcohol levels.

However, because of the less intrusive nature of breath tests, warrantless breathalyzer tests are still permissible.

Prior to Birchfield, defendants who refused blood testing were regarded as having the highest level of impairment and faced the most severe penalties associated with a DUI offense. But now DUI offenders who previously refused blood testing may now be charged and sentenced as having the lowest level of impairment.

To speak with a Pittsburgh DUI and criminal defense lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.