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Steven Kellis-Philadelphia

Were You Really Drunk When You Were Arrested?

Even though you've been arrested for DUI, you don't have to let it ruin your life. You may not realize it yet, but if you are thinking about simply going to court and pleading guilty to your DUI charge you may be cheating yourself.

You see, a qualified attorney can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, obtain expert witnesses all of which may help you to win your case at trial.

To find out what you need to know about your DUI arrest I've developed a website to give you a wealth of useful information . . . information which will show you how you may be able to save your license and your freedom . . . and possibly avoid fines, fees, and sharply increased car insurance costs of as much as $6,800.

For the most part, my easy-to-navigate site has information on it which you can't get anywhere else unless you are willing to do a great deal of legal research.

When you're on my site, you'll also learn how you can get a free, no-obligation consultation where I'll review your case and show you how I may be able to save your license and your freedom.

Pennsylvania DUI Drunk Driving Defense Information

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Philadelphia DWI Lawyers

• Douglas Stern: In all drunk driving cases, the prosecution must prove that the defendant's blood alcohol concentration at the time of the offense was at or above a statutory limit. In many states, the limit is .10 percent, but in others it is .08, and there is a national movement afoot to make that the limit in all states. In order to prove the requisite level of alcohol in the blood of someone arrested for drunk driving, it is necessary to obtain a suitable sample of the arrestee's blood, urine, or hair at the time of arrest. The use of a breath test is by far the most popular scientific method for establishing that drunk driving has occurred. Some defendants, however, have been able to successfully challenge the results of such tests in court, thereby preventing a conviction. An attorney experienced in drunk driving defense law is in the best position to advise a client on whether the "Breathalyzer" test results may be subject to challenge in his or her particular case.
• Ronald Pressley: Driving Under the Influence of Drugs or Alcohol (DUI) and Driving While Intoxicated (DWI) cases are extremely fact sensitive. What was your blood alcohol content (BAC) tested as, and was the testing equipment properly calibrated? Why were you stopped in the first place? If there was not a good cause for the stop, the search (breathalyzer test) could be suppressed under your constitutional rights. Where, how much and when did you drink?
• David Averett: If you've been charged with a crime, its important to get legal advice from an experienced criminal defense lawyer. There is a lot at stake including your money, your reputation, your freedom, even your future. If you are charged with certain crimes, you could be prevented from applying for certain jobs and be tagged forever by having an arrest record. If you are charged with drunk driving or multiple traffic citations, your insurance rates could rise exorbitantly high. DUI penalties have been toughened in Pennsylvania. As a result, most people who are convicted of drunk driving have to do jail time: from 48 to 72 hours for the first offence, up to 30 days for a second offense, and up to 90 days for a third offence, depending on blood alcohol level. If you are charged with DUI or DWI in Pennsylvania, you also face an administrative suspension of your license by the Department of Motor Vehicle (DMV). If you do not request a DMV hearing within 10 days of your arrest, your license will automatically be suspended for one year. Pennsylvania offers a program for first time offenders called ARD (Accelerated Rehabilitation Disposition). If you are offered this program by the District Attorney, you can get a 30- to 90-day suspension of your drivers license, rather that a one-year suspension. After one year, you also can receive an expungement, which erases the record of your DWI arrest. If you are not eligible for the ARD program, we can challenge the legality of your DUI / DWI arrest based on the grounds the police used to stop you over, the field sobriety test, and even the accuracy of the breathalyzer machine. In Philadelphia, you have two chances to beat your DUI / DWI case: once in municipal court and a second time at common police court.
• Giovanni Campbell: If you are accused of a crime, you need competent legal counsel.
• Steven E. Kellis: Driving while under the influence of alcohol is a criminal offense. A conviction on DUI charges may result in fines, loss of employment, the revocation or suspension of your driver's license, and possible jail time. Throughout my years of practice, I have defended countless individuals charged with DUI with tremendous success in either pleading their cases to a lesser offense or getting a not guilty finding from the jury. I can tell you if you have a legal challenge or if the police have violated your rights after I have an opportunity to investigate your case. This is where my extensive experience as a former DUI Prosecutor in this area is invaluable.
• Greenblatt, Funt & Flores: Arraignment is the first stage of courtroom proceedings to take place after the arrest and booking of a criminal defendant, during which time a criminal defendant is formally charged before a criminal court judge and asked to enter a plea to the criminal charges. During a typical arraignment, the judge will also decide whether to set or alter bail, and announces dates of future proceedings in the case (e.g., preliminary hearing and trial).
• Brennan Law Offices: Sometimes referred to as "unlawful restraint," false imprisonment is the intentional restraint of another's freedom without legal justification. Such claims can be based on both civil law and criminal law, allowing private causes of action along with criminal penalties in some circumstances.
• Randolph Goldman: The Sixth Amendment of the U.S. Constitution states that criminal defendants have a right to the assistance of counsel. Courts have interpreted this to mean that criminal defendants have a right to an attorney during all critical stages throughout the criminal process.
• John Elbert: A DUI arrest is actually two individual cases in the form of one driving under the influence charge. The first is the criminal case, and the second and less familiar, is the Department of Motor Vehicle Administrative Per Se suspension/revocation. The criminal charges are governed by criminal law while the Department of Motor Vehicles administration per se suspension/revocation are governed by administrative and civil law.
• DESSEN, MOSES & SHEINOFF: Drunk driving is considered a serious offense in all states. The DUI statute in the state where the violation occurred will determine the extent of the punishment for a first-time offender. Generally, a first-time offender convicted of the offense (which is usually considered a misdemeanor) is ordered to pay a fine and may be sentenced to a minimum term of imprisonment. A suspension of his or her driver's license will usually occur as well. There are certain "programs" available to first-time offenders, which allow the defendant's punishment to be decreased under certain circumstances. Further, there are a number of defenses to a charge of drunk driving that an experienced attorney can raise on your behalf. If you cannot afford to hire an attorney, the court will appoint an attorney for you free of charge.
• Stephen Dicht: This is an area of my practice which has grown substantially. I believe that a person is not guilty of a criminal offense simply because they have been charged. My clientele have been charged with a wide range of offenses including traffic violations, driving under the influence and other offenses. I believe those charged deserve and require a vigorous defense. One of the best compliments I have ever received came from a local prosecutor. He told me he was not accustomed to defense attorneys fighting for their clients like I had. Recently, the mother of a young client charged with shoplifting wrote me a note telling me she believed I cared about her daughter as a person not just a client. This is my approach to representing clients. I understand and recognize it is not politically correct to represent those charged with driving while intoxicated. However, I strongly believe in the Constitutional Protection that one is innocent until proven guilty. Therefore, in many cases an expert is employed to challenge the equipment used to administer the test, the experience and qualifications of the person performing the test and the propriety of the field sobriety test.
• John Elbert: A DUI arrest is actually two individual cases in the form of one driving under the influence charge. The first is the criminal case, and the second and less familiar, is the Department of Motor Vehicle Administrative Per Se suspension/revocation. The criminal charges are governed by criminal law while the Department of Motor Vehicles administration per se suspension/revocation are governed by administrative and civil law.
• Patrick Arthur:

  All of these factors may be relevant to your case. . .

  • The existance of an eyewitness to the exact time of the operation of the vehicle.
  • When you had your last drink.
  • What time you had your last meal.
  • When was the last time that you slept.
  • Your weight.
  • Your age.
  • Various medical conditions/medications.
  • What you were drinking.
  • How long you were drinking.
  • The reason that gave rise to the "probable cause" to stop you.
  • Any physical disabilities such as balance and gait problems.
• Saul Segan: Even the nicest people can find themselves in a DUI situation. The serious consequences do not discriminate among any type of individual background. This is a time when you need to have forthright guidance and receive aggressive representation. I am most aware of this need and will provide as much help and support as possible.
• Pearson Law Office: Every person charged with an offense is entitled to defend against the charges. There have been times when the testing procedures employed by police are defective. An experienced attorney will be able to investigate and determine whether all tests were properly conducted, that all equipment worked properly, tests were accurately administered and analyzed.