Harrisburg DWI Lawyers
- McShane & Hitchings:
- Beinhauer & Curcillo:
The basic thrust of the drunk driving laws is that they are to prevent operation of a powerful machine when a person is too intoxicated to have adequate control of the machine. The intoxication element is proven by one of two methods: (1) showing a certain level of blood alcohol or illegal drugs, or (2) showing that the person was impaired. The first method is the one most often used. It does not rely on anyone's observations of the defendant's conduct, but rather on the results of a blood or breath test. A common statutory scheme requires a person suspected of being drunk or drugged while driving to give a sample of his or her breath or blood for testing. This so-called "implied consent" comes about because the statute provides for it whenever a person gets a driver's license. Once the sample is given, it is analyzed by a machine that measures the concentration of alcohol in a person's blood. One common limit for blood-alcohol content is .10 percent, although in recent years there has been a push to lower that limit to .08 percent. Any person who tests over the limit is legally intoxicated. The only way to challenge the charge is to show that there was some failure in the test procedure, such as a malfunctioning machine, improper sampling, foreign substances in the mouth (in the case of a breath test), or improper preservation of the evidence.
- Daniel Myshine:
The use of marijuana for medicinal purposes remains controversial, and in most states, illegal.Marijuana use has been advocated as being beneficial for the treatment of patients suffering from cancer, AIDS, anorexia, epilepsy, arthritis, migraines, and glaucoma. Despitethe claimedmedical benefits, the use and possession of marijuana forsuch purposes has not yet become completelylegalon a state or federal level.
- McShane and Hitchings:
"Why would you want someone representing you who might have been against you in the past?"
- Goldberg, Katzman & Shipman:
USE OF DUI ARRESTS
IN ADMINISTRATIVE HEARING
- Killian &
Gephart:
First DUI offense: 48 hours in jail, 6 months standard license suspension if you
plead guilty; however, if you can get ARD (a program that is controlled by your
county D.A.), you don't do jail time and you lose your license for four months.
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