Driving Under the Influence “DUI”

If you have been charged with the crime of Driving Under the Influence (DUI) in Pennsylvania, you should take the matter very seriously.  A DUI conviction can result in the loss of your freedom, your license, your savings, and even your job.  Our lawyers have handled numerous clients who have been charged with DUI, and we are knowledgeable on how to navigate the sometimes confusing judicial system.

In February 2004 the Pennsylvania Legislature amended the DUI statute and increased the possible penalties and license suspensions associated with DUI offenses.  The Legislature also categorized a DUI into three tiers which is based upon your blood alcohol content or BAC.  The possible penalties for a DUI increase as your blood alcohol level increases.  Further, the penalties for each tier increase if this is your 2nd or 3rd (and subsequent) offense within the last 10 years.  As you can see below, many of the DUI offenses require a mandatory jail sentence.  If you are charged with an offense that carries a mandatory jail sentence, please contact our office to discuss the possibility of serving your jail sentence on the Home Electronic Monitor, or its more common name House Arrest. 

1st DUI Offense***

2nd DUI Offense

3rd and Subsequent DUI Offense

*** If you are charged with a first offense DUI and have no prior criminal record, it is likely that you may be eligible for the Accelerated Rehabilitative Disposition Program, or “ARD” Program.  ARD allows first-time offenders the opportunity to serve a period of probation instead of the required mandatory minimum jail sentence.  Upon successful completion of the terms and conditions of the probation, the offender may then motion the Court to have the offense expunged from his or her record.  Other benefits of ARD include significant reduction in license suspensions and a waiver of the mandatory fines associated with the DUI charge (mandatory fines are waived only for DUI charges, and criminal defendants will still be responsible to pay for court costs associated with their offenses).

Traffic Stops

One of the main issues involved in DUI cases is whether or not the officer had the right to stop your vehicle in the first place.  Our lawyers are knowledgeable in the current case law as it pertains to vehicle stops and what officers look for to determine whether someone has been drinking and driving.

Under Pennsylvania law, a police officer may initiate a traffic stop on your vehicle if he or she has reasonable suspicion that you have violated a section of the Pennsylvania Motor Vehicle Code.  A violation could be anything from speeding or having a burned out light on your vehicle, to littering or throwing a cigarette out your window.  Upon that stop, the officer will look for many factors in determining whether or not the driver is violating the DUI statute.  These factors may include the smell of alcohol on your breath, glassy and bloodshot eyes, slurred and rambling speech, fumbling of identification and registration cards, and staggered gait.  If the officer reasonably suspects that you have been drinking and driving, he or she will ask you to submit to Standard Field Sobriety tests.  Based upon your performance during these tests, the officer will then take you to have your blood drawn to determine your blood alcohol content or “BAC”.

Blood Test

Under current Pennsylvania law, it is in your best interest to submit to having your blood drawn and tested.  Prior to having your blood drawn, the officer will read to you the “O’Connell Warnings.”  These warnings set forth the fact that a refusal to allow the officer to draw your blood will result in an automatic year license suspension and stiffer penalties if you are later convicted of a DUI.  If you refuse the blood draw and are acquitted of the DUI, your license will still be suspended for the year period.  Further, the refusal suspension will begin shortly after the date you are arrested for DUI as the arresting officer submits the refusal information directly to PennDot.  Upon receipt of the refusal, PennDot will then send you a letter that notifies you of the suspension and requests you to mail your license to PennDot.  Typically, refusal suspensions are not overturned by the Courts.

Our DUI attorneys are:

• Ken Bickel
• Matt Porsch