Pennsylvania Drunk Driving Defense

Preliminary Hearing.

This is absolutely the most crucial hearing in your case. The preliminary hearing is not a trial. The principal function of a preliminary hearing is to protect your right against an unlawful arrest and detention. At this hearing the Commonwealth must make at least a prima facie case – that is, at least a minimal showing – that a particular crime was committed and that you are probably the one who committed it. At this stage, the Commonwealth doesn’t have to prove your guilt beyond a reasonable doubt. In order to meet its burden the Commonwealth must present some evidence regarding each of the material elements of the crime charged If the government can’t meet this burden, your case will be dismissed.

Suppression Hearing.

Assuming your case isn’t dismissed, your attorney may file pretrial motions, resulting in hearings that you may or may not have to attend. Some of these motions may argue that using certain evidence against you would violate your constitutional rights. A ruling in your favor can result in evidence being excluded from your trial, which may reduce the prosecution’s odds of winning. For example, the results of blood, breath, or field sobriety tests might be excluded, or perhaps the prosecution won’t be allowed to use a statement that you made.

The pretrial motion stage occurs anywhere from six weeks to three months after the preliminary hearing.

Trial.

Pennsylvania does not allow for jury trials on “ungraded misdemeanors.” All first, and nearly all second, DUI offenses are ungraded misdemeanors. Therefore, if your DUI is an ungraded misdemeanor, the judge, rather than a jury, will hear the evidence.
If you are arrested on a second-offense DUI with an alleged BAC of .16% or higher (or if you refuse testing), or a third-offense DUI, you will have the right to a jury trial. When determining whether you have prior offenses, the court will look back ten years.

During the trial, each side will have the opportunity to present its evidence and to challenge evidence presented by the other side. Under the fifth amendment to the U.S. Constitution, you will not be required to testify yourself. You do have the right to testify if you want to, but in most cases it’s better not to.

Sentencing.

If you are convicted at trial, or if you negotiate a plea agreement that is accepted and entered, the court will impose a sentence. A sentence for DUI may include jail time, in-home detention, public service, alcohol classes and/or fines. The maximum period of time for which a county can jail and/or supervise most offenders ranges from six months to five years. The length of sentence depends on previous convictions, any need for treatment, and the like

All repeat offenders must have their cars equipped with an ignition-interlock restriction system for at least one year. A new offense is created for driving without a required ignition-interlock system when alcohol is present in driver’s system.

Stephen J. Lagner III: When faced with a situation which places your driving privileges in danger of being lost, you owe it to yourself to take every effort to protect your license.

Exton
- Marc Lieberman: A DUI is a very serious matter! The fine alone could be $5,000. There could be lengthy jail time, and your license could be suspended for a year. Even if you qualify for a program which can reduce your sentence, you don't know everything there is to know. Each program differs from county to county. Some counties require you to have an attorney. While you might be able to get through a program without an attorney, you might not be able to take advantage of every aspect of the program. Some programs offer ways to further reduce your licence suspension and reduce or eliminate the community service requirements. A DUI can carry serious penalties. An attorney can guide you through the process and make things a lot easier for you. If there were a way to get your case thrown out, would you know what to look for? Would you know what to do?
Feasterville
- Michael Kuldiner:
  DUI
  - Whatever the case may be, your driver's license can be restricted, suspended, or even revoked, notwithstanding the fact that you could be looking at jail or prison time as well as large fines.
  - Time is of the essence. After being arrested on these charges, it is important to contact the DMV immediately to preserve your right to a hearing on your license. We will take care of that for you.
Greensburg
- Kenneth Burkley:
  In Pennsylvania, a drunk driving offense is now a DAI or Driving After Imbibing offense. The consequences for a DAI / DUI conviction in Pennsylvania include the following:
  - Driver’s License Suspension
  - Driver’s License Revocation
  - Jail Sentence Of 48 Hours To 5 Years
  - Fines For $300 To $10,000
  - Ignition Interlock Device
  - House Arrest / House Monitoring
  - Increase Of Insurance Rates
  - Probation
  - Treatment (Variety Of Types)
  An experienced DAI / DUI attorney knows that a drunk driving defense in Greensburg PA requires an intimate knowledge of the Pennsylvania’s three tier system for DAI / DUI offenses.
  - Tier One - .08 - .099 BAC
  - Tier Two - .10 - .159 BAC
  - Tier Three - .160 and above BAC
  As the severity of the BAC (Blood Alcohol Content) increases, the mandatory incarceration time and fines will increase. In addition, multiple offenses receive increasing consequences, with first time offenders having the most options available for reduced consequences. 1^st time offenders are generally offered ARD or Accelerated Rehabilitive Disposition. This avoids a DAI / DUI conviction. At the end of a probation period, the charges are dismissed and most often are expunged (erased). However, the DAI / DUI will remain on your driving record for 10 years. When a DAI / DUI lawyer in Westmoreland County or Indiana County is able to achieve an ARD for the defendant, it will result in no jail time, and a shorter license suspension (30-60 days). DAI / DUI criminal defendants may not qualify for an ARD if someone under 14 was in the car during the offense, or if someone was injured in an accident.
  
  A Tier Two conviction will result in the loss of a driver’s license for 30 days. Depending on the conviction tier, and whether or not it is a multiple offense, an ignition interlock device may be installed, and / or house arrest mandated. An ignition interlock device is a device attached to your car or truck ,that prevents the vehicle’s operation until you blow into it and your breath registers as .02 or less. Mechanisms are put in place that prevents another individual from blowing into the device to “trick” the ignition interlock. A DAI / DUI convicted person under house arrest will need to wear an ankle bracelet that restrict his or her presence to the home during all but certain hours – such as the time needed to go to work, and one or two hours of non-work time that is permitted to run errands.
Harrisburg
Hatboro
- William McElroy: State statutes specify levels of blood alcohol content at which a person is presumed to be under the influence of intoxicating liquor.
Johnstown
- Michael Filia: Your attorney should be more than somebody who just presents your case in court. Your attorney should be your advocate. He should be dedicated to protecting youyour rights, your freedom, and your assets.
Kingston
- Stephen Urbanski: Pursuant to FRE 609, evidence of a witness's prior felony convictions may be admissible to impeach the credibility of the witness, as long as the probative value of the evidence is not substantially outweighed by the danger of unfair prejudice. Similarly, evidence of a defendant's prior felony convictions may be admissible to impeach the credibility of the defendant, if the court determines that the probative value of the evidence outweighs its prejudicial effect to the accused. This is a less restrictive measure than the one required for witnesses, which means that it is easier to impeach a defendant with evidence of a prior felony conviction than it is to impeach another witness. Further, evidence that any witness (including the defendant) has been convicted of any crime of dishonesty is admissible for impeachment purposes. However, a prior conviction that is more than 10 years old will usually be inadmissible, unless the court determines that the probative value of the conviction substantially outweighs its prejudicial effect. In this case, the proponent of the evidence must give the other party "sufficient advance written notice of intent to use such evidence."
Kittanning
- Richard Ames: The first step in the lengthy legal process you are about to enter will be the scheduling of a Preliminary Hearing at the district justice level. Talk to any judge and he will tell you that the legal purpose of this hearing is to allow the district justice to make a determination as to whether the police have enough evidence to hold your case for trial. Don't hold your breath though. Courts rarely turns down a police officer's case. Often a lawyer will simply advise you to waive your preliminary hearing. Sometimes he'll use the hearing to try to find out exactly what the police know and what they don't know about your case. Talk to your attorney about it.
Lahaska
- Brian Koch: Many criminal cases can be resolved through negotiations between a seasoned criminal lawyer and a reasonable prosecutor. But not all cases can or should be resolved in that manner. Experience in pre-trial motion practice, suppression hearings and jury trials are important to the effective defense of a person charged with having committed a crime.
Lancaster
- Steven Breit: Driving while under the influence of alcohol is a criminal offense.
Langhome
- Joseph Stark: DUI cases can be tried and won - You could be found not guilty - Don't settle for a plea bargain.
Lansdale
- Rubin, Glickman and Steinberg: You can be arrested for DUI if you are in control of a motor vehicle on the highways or public parking lot. You need not actually operate the car in order to be arrested and found to be in control of a motor vehicle. If you are seated in your motor vehicle in your driveway while the motor vehicle is running you cannot be convicted of driving under the influence because although you are in control of a motor vehicle it is not on a public highway. Under the same situation, if the car is parked in front of your house, you could be arrested because the road in front of your house is a public highway.
Ligonier
- Corey Riddell: A mandatory sentence of two days in jail is required for a first conviction. A mandatory minimum sentence of 30 days in jail is required if the defendant has once been convicted or given ARD for DUI during the previous seven years.
Lower Burrell
- Dennis Shean: Perhaps you or a family member are accused of committing a serious crime, or are charged with DUI or a traffic offense.
Mahanoy City
- Jeffrey Markosky: In addition to the possible incarceration, probation, or fines, there can be other consequences attached to the conviction of a crime. For example, if you are convicted of a motor vehicle related offense, your insurance company may raise your premium to a very high rate. This rate increase will stay with you for years, particularly if you are convicted of an alcohol related driving offense, such as DUI (driving under the influence of alcohol) or DWI (driving while intoxicated).
Media
Meadville
- Rowden Law Office: If you are stopped because the officer thinks you are operating your vehicle under the influence of alcohol or drugs (D.U.I.), the officer may ask you to submit to a test of you blood to determine you blood alcohol concentration. YOU MAY ALWAYS REFUSE TO SUBMIT TO A BLOOD TEST. IF YOU DO, THE OFFICER MAY REQUEST PENNDOT SUSPEND YOUR LICENSE FOR ONE YEAR. THE PENALTY FOR REFUSAL IS MUCH LESS THAN THE PENALTIES TO D.U.I. THE OFFICER MUST HAVE PROBABLE CAUSE TO ARREST YOU FOR D.U.I. BEFORE REQUESTING THE BLOOD TEST FOR THE SUSPENSION TO HOLD UP. YOU HAVE A RIGHT TO APPEAL THAT AND ANY OTHER PENNDOT SUSPENSION TO THE COURT OF COMMON PLEAS.
Montgomeryville
- Vincent Margiotti: Fight to save your license! If you drive after losing your license, you may have to pay a minimum $1,000.00 bond to get out of jail. You also will face a minimum 90 days in jail as a sentence.
- Mittman & Liebman:
  
  DRIVING UNDER THE INFLUENCE
  
  When you are stopped or arrested for DUI you need a lawyer. Driving Under the Influence is considered a serious offense in Pennsylvania. A DUI charge is severe because you face:
  - Mandatory jail sentences
  - Mandatory driver’s license suspension
  - Payment of mandatory fines
  - Payment of court costs
  - Payment of laboratory testing fees
  - Possible mandatory alcohol or drug treatment
  - Mandatory installation of an ignition interlock device
  It is vitally important that you hire a lawyer as soon as you are stopped or charged with DUI. The earlier you consult with and hire a lawyer the better your chances are to defend the case or to work out a suitable arrangement with the police or prosecutor.
  
  YOU DO NEED A LAWYER.
  
  Friends, family or the police may tell you that you can represent yourself. Do not follow their advice. You need an attorney. Representing yourself may save the payment of an attorney fee, but you may end up paying more in fines, costs, increased insurance rates and other expenses if the case is not handled properly. You also may end up serving more time in prison.
  
  Beware of sale’s pitches and promises to “get you off”. When searching for a lawyer be careful of promises that seem to good to be true. Use caution if someone tries to hold on to your papers or tries to push you into immediately paying a fee. Think twice before paying a fee that seems outrageous. Finally, you should be suspicious of someone who is eager to tell you about or publicize his or her “credentials” or continuing education.
New Kensington
- George & Joseph: Any delay on your part in unequivocally agreeing to take the test will be considered to be a refusal and you will lose your operator's license in the State of Pennsylvania for a period of one (1) year. The general rule is that it would be in your best interest to submit to a chemical test to determine your blood alcohol content when you are asked to do so by a police officer that has stopped you for driving under the influence of alcohol. Keep in mind there are always exceptions to this general rule. Remember, you do not have the right to select what type of test you will submit to. The arresting officer is the one who decides whether the test will be a blood test, a breath test or a urine test.
Newtown
- Jerrold Kamensky: If you are charged with Driving Under the Influence, it is strongly suggested that you receive proper legal representation from a lawyer.
Norristown
- Francis Walsh: Unpaid traffic tickets can lead to a warrant being issued for your arrest. If you have an outstanding warrant and are pulled over, you will go directly to jail. Do not wait until it is too late to contact an experienced attorney.
- Henry Hilles: Being convicted of drunk driving in Pennsylvania can have serious and lasting consequences. Mandatory sentences can include jail time and the suspension of your driver's license. It is important to be fully aware of all your rights and options.
- Basil Beck: DRIVING UNDER THE INFLUENCE (DUI) - Effective February 1, 2004, Pennsylvania changed the law for Driving Under the Influence. The new law may be found at Chapter 38, Section 3801 of the Pennsylvania Motor Vehicle Code. The most important aspect of the new law is that the legal blood alcohol limit has been lowered from a .10 to .08. The State Legislature has also mandated longer license suspensions, greater fines, and increased jail time for a variety of the newly created offenses under the statute upon conviction. With the new law there has also arisen new methods that can be utilized by an attorney on behalf of his client to achieve an aquittal or downgrade on DUI charges. This new body of law is still very fluid and rapidly changing. Anyone charged with the offense of DUI should consult with an attorney that is familiar with these changes and has the requisite skill and experience to implement them to the client's benefit.
Owing Wells
- Michael A. Freedman: see Maryland
Paoli
- William McLaughlin: Criminal cases can sometimes be handled on a flat fee basis. This is especially common for driving under the influence cases, where the fee (as opposed to court costs) for a first time offender can be as low as $750 for representation at a preliminary hearing and attending the hearing to enter the client into the ARD (Accelerated rehabilitative disposition) program. Preliminary hearings are often charged on a flat fee basis that typically range from $350 to $550.
Pennsdale
- McNerney, Page, Vanderlin & Hall: Everyone charged with a crime in Pennsylvania is entitled to representation as guaranteed by the Constitution. Our firm provides experienced, aggressive counsel and assistance for vehicle violations, summary offenses, driving under the influence, white collar crime, and other felony charges in Federal, State, Trial and Appellate Courts.
Philadelphia
Pittsburgh
Pottstown
- Kurtas Law Firm: There are several established exceptions to the warrant requirement, including when police officers have probable cause to believe that the person to be arrested has committed a felony or misdemeanor in their presence. In fact, a great number of arrests have historically taken place without warrants. In order to arrest a person or otherwise take them into "custody" without a warrant, a police officer must have the same level of probable cause that is required for the issuance of an arrest warrant. Further, an officer performing a warrantless arrest must be able to base probable cause on conditions that existed prior to the stop, rather than on conditions discovered thereafter. The Probable Cause Standard Applies to All Arrests In a 2001 case, the U.S. Supreme Court considered whether the custodial arrest of an individual committing a minor traffic offense without a warrant constituted an unreasonable seizure in violation of the Fourth Amendment. Ultimately, the Court held that warrantless misdemeanor arrests are not unreasonable under the Fourth Amendment if based upon probable cause. Specifically, the defendant in Atwater v. Lago Vista was arrested without a warrant for violating a Texas law that required front-seat passengers and small children riding in the front of a car to wear a seatbelt. Upon observing that the defendant was driving with her two small children in the front seat, all without a seatbelt, the police officer in the case pulled the defendant over and arrested her. In upholding the arrest as valid under the Fourth Amendment, the Court reasoned that the arrest was reasonable because the officer had probable cause to believe that the defendant had violated the law.
Reading
- Roland & Schlegel: All motor vehicle violations are initially handled before a District Justice.
- Paul Missan: In 1996, the federal government enacted the Mandatory Victim Restitution Act (the Act), modifying the process in which federal criminal judges impose restitution orders. Broadly speaking, the Act requires criminals, convicted of federal felony charges, to provide restitution to their victims. In addition, it provides specific procedural rules regarding the manner in which defendants must make such payments, generally depending on the circumstances of the case.
- James Polyak: Impairment Begins After First Drink Blood alcohol content (bac) varies from person to person based on gender, weight, food consumption, and medications or other drugs consumed. However, it doesn’t take many drinks to reach the new bac limit. Under the new law, a 120 pound woman may be legally drunk after consuming only 2 drinks.
Robinson Township
- Hinkle & Associates: The DUI / DWI laws in the state of Pennsylvania have changed. If you are a first time offender, there are many things an attorney can do to assist you so that you do not end up with a permanent criminal record. In addition, the new laws also involve a probationary process that can be both confusing and have an impact on your future. It is especially important, now more than ever, to have expert legal representation in these cases.
State College
Stroudsburg
- Jennifer Sibum: Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DUI/DWI charges may result in fines, the revocation or suspension of your driver’s license, and possible jail time. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced criminal defense attorney can make all the difference in such a difficult case.
Springfield
- Christopher Adam Hemmel: DUI Scenarios
Upper Darby
- McCreesh, McCreesh & Canon: The state of Pennsylvania has very strict DUI laws, including observation of a per se DUI law where you do not have to appear impaired so long as your blood alcohol concentration (BAC) exceeds .08%. The penalties you face for a DUI conviction are potentially devastating. First time offenders can expect to have their license suspended or revoked in addition to the imposition of a fine. On your second offense, you will be required to attend mandatory alcohol education, treatment, and assessment in addition to suspension of your drivers license for up to 2 years as well as vehicle confiscation or the installation of an ignition interlock device on your car.
Warren
- Robert Greene: DUI / DAI (Driving After Imbibing) in Pennsylvania One of the most important decisions you face right now is choosing an experienced, aggressive trial attorney capable of achieving the best possible results for your case. Don't kid yourself, DUI is a serious crime and you need an experienced attorney to see your way through it.
Waynesboro
- Toms & Evans: Bear in mind that the police are only required to give someone their Miranda warnings if the person is 1) in custody, meaning not free to leave, and 2) the police are questioning that person. If a police officer walks up to you and starts asking you questions but does nothing to restrain your freedom to leave, the police officer does not have to give you Miranda warnings and the police officer can use whatever you say. Likewise, if a police officer handcuffs you but does not ask you any questions beyond those aimed at determining who you are, the police officer does not have to give you your Miranda warnings and, if you speak without responding to questioning, the officer can use whatever you say against you.
West Chester
- Donatoni & Krasta: The Constitution does not require, nor does it prohibit, trial courts from defining reasonable doubt. Further, it does not require courts to use any specific language when instructing a jury regarding the government's burden of proof. However, the Constitution's Due Process Clause prohibits language that would allow an accused to be convicted on less evidence than that required by the "reasonable doubt" standard. In civil trials, for instance, numerous evidentiary issues are held to a lower standard of proof that require a mere preponderance of the evidence, i.e., more likely than not.
- Timothy Trott: CHARGED WITH DRIVING UNDER THE INFLUENCE OR SOME OTHER CRIME? Accelerated Rehabilitative Disposition (ARD) is way for first time offenders to reduce your license suspension, and other penalties, avoid a criminal record and have your record wiped out. There are other programs for second time offenders which can reduce penalties and jail time.
- Cicarelli Law Offices: Choosing the Right Lawyer does make a Difference. Choosing a knowledgeable attorney who understands your legal matter and is available to represent you well does matter. You deserve just results. You expect just results.
Wexford
- Michael Sherman: You face stiff penalties including jail and license suspension.
Wilkes-Barre/Scranton
- Brad Kurlancheek: Just because a Blood or Breath Test being run and controlled by the government produces a number greater than .10 or .08, that does not mean you are necessarily guilty of DUI. Machines can and do mistakes. So can the technicians that run them. The police make mistakes. They often stop drivers without reasonable suspicion. They arrest drivers for DUI without probable cause. They make procedural mistakes which would, if the case were tried, instead of plead, render the arrested driver an Acquittal. The crime is "impairment while driving," not "drinking while driving." Do not be persuaded to plead guilty to something you didn't do, simply because your attorney lacks the technical knowledge on how to fight and win your DUI case, when it should be fought and won. I will provide you a thorough no-cost evaluation of your case. We don't believe in pleading guilty for our clients; nor do we accept ARD. We fight for you, to the very fullest extent of the law, to gain an acqu ittal of your DUI charge.
Williamsport
- Eric Linhardt: Q: I HAVE BEEN CHARGED WITH DUI, BUT I HAVE NEVER BEEN IN TROUBLE BEFORE. AM I GOING TO JAIL? A: Probably not. Pennsylvania has a special probation program set aside for people who have never been in trouble with the law before. It is called ARD, and most people placed on ARD are placed on the program for DUI. ARD supervision can last anywhere from six months to two years. For DUI it's almost always one year. If recommended for the program by the District Attorney, and accepted into the program by the Judge, you will not be required to plead guilty to the DUI, and you will not be convicted of the DUI. You will lose your license for one to six months, be required to complete a number of hours of community service, take DUI education classes, and pay court costs and administrative fees (approximately $1,200.00). So long as you successfully complete the program, at the end of your supervision, the charges will be dismissed, and your record will be expunged. You should know that if you have previously been charged with DUI, have been given ARD before, were driving without a license, or your DUI resulted in an accident involving personal injury, you will not qualify for ARD.
York
- Cardenas Law Firm: Alcohol Impairment Charts
RETURN TO DRUNK DRIVING DEFENSE

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You Got A DUI. Now What?

Attorney Offices by Municipality

1. What is DUI?

2. Does the car have to be moving for me to be guilty of DUI?

3. What do police officers look for when searching for drunk drivers on the highways?

4. If the police officer asks me if I have been drinking, what should I say?

5. Do I have the constitutional right to speak to a lawyer before I have to take a field sobriety test?

6. Should I refuse to submit to the field sobriety tests?

7. What is the officer looking for during the initial detention at the scene?

8. What happens if I do not submit to a breath, blood, or urine test?

9. Potential defenses to allegation of DUI.

10. What happens after I am charged with DUI?

Preliminary Hearing.

Suppression Hearing.

Trial.

Sentencing.