Pennsylvania DUI Lawyer Blog

As you may already know, in Pennsylvania, the ARD program is a pre-trial diversionary program designed so that first time offenders or low level offenders that finish the program leave with no criminal record. I think the program is great. I know from experience that a criminal record will haunt a person for the rest of their life. A criminal record will inhibit the person from becoming a productive member of society and finding lawful employment. However, I see certain low level offenders being denied the program due to mainly political agendas. I think this is unjust and unfair.

I will give you an example. I represented a lady in Chester County that was charged with Furnishing Alcohol to Minors. In short, she had a Halloween party at her house and bought beer for her 16 year old son and his friends. She made sure that her son and his friends were staying the night and not driving. The party ended up getting out of hand, the boys had girls over and snuck hard alcohol into the party. My client did not know of the hard alcohol. One of the girl's parents called police and my client got busted. She had an impeccable record. She was 43 years old, had no prior criminal history, possessed a master's degree, managed a government department, and even spent weekends volunteering her time for Chester County. I explained all of this to the District Attorney's Office but she was nonetheless denied the ARD program because minors were involved in the crime. DA's are elected officials and play it extra safe with any case involving minors. Obviously, I think this can be a good thing, but not for situations like this. Everyone has a lapse in judgment from time to time and 16 year old kids are going to drink beer regardless of what parents do.

Continue reading "Big Difference between Delaware County and Chester County ARD Program" »

Many people do not understand how alcohol functions in the body once it has been consumed. Often people think that after they have become drunk they are able to effect how quickly they become sober by eating specific foods or drinking highly caffeinated drinks like coffee. The following post provides some information on how alcohol is absorbed by the body and hopefully clarifies how it is removed from the body.

When a person takes a drink of an alcoholic beverage, the alcohol is absorbed into the blood through the mouth (slowly), esophagus (slowly), stomach (rate depending on the type and amount of food present) and small intestines (very rapidly). Ordinarily, alcohol is completely absorbed in 30 to 90 minutes after consumption, with the rate of absorption varying among individuals and within the same individual under different circumstances.

The body starts to eliminate alcohol as soon as it is absorbed. The liver eliminates 90 to 95 percent of the alcohol by oxidation of the alcohol to carbon dioxide and water; the rate of oxidation varies among individuals, and the rate generally is faster in heavy drinkers. Some studies show that heavy drinkers eliminate alcohol about 25 percent faster than do light drinkers. The 5 to 10 percent of consumed alcohol that is not oxidized by the liver is eliminated about equally by the kidneys into the urine and by the lungs as exhaled breath.

Continue reading "No Magic Way to Sober Up Before Jumping Behind the Wheel in PA" »

Today, I went to District Court in Radnor, PA, Delaware County for a preliminary hearing to defend a domestic assault case at the preliminary hearing that occurred between husband and wife at the Radnor Hotel. My client had been accussed of assaulting his wife, spitting on her and pulling her hair.

This was our second court appearance. At the first listing of this case back in June, I noticed the Commonwealth did not subpeona the victim or the 3rd party witness to the alleged assault. I found this out by going to the front desk at the Radnor courthouse and speaking to court staff. Though no subpeonas were sent out, the Delaware County District Attorney's Office requested a continuance on the basis that the witness didn't show. I strongly objected to this continuance request. I argued to the Radnor judge that the Pennsylvania Rules of Criminal Procedure state that continuances should only be granted for "good cause." I didn't feel that the Radnor Police forgetting to subpeona its witnesses constituted "good cause." I explained my position ot the judge. Nonetheless, the District Judge granted the Commonwealth's continuance request. I expected this. It is normal for judges to grant a continuance at the first listing of the case, especially in domestic cases. Typically, the judge's will play it safe in these situations and give the victim an opportunity to appear at court. Judges take domestic violence seriously and want to protect victims and give them the opportunity to testify against defendants.

Continue reading "District Judge Tosses Domestic Assault Case in Radnor, PA" »

Most people who come to me facing DUI charges are good people who have experienced a lapse of judgment. People that did not think their one extra drink at the baseball game or their friends Bar-B-Que would result in their arrest and them facing DUI charges. For those people the Pennsylvania Legislature allows an alternative to being convicted and sentenced in for of the Accelerated Rehabilitative Disposition program or ARD.

The ARD program allows first time offenders to serve probation, community service and fines which, if successfully completed results in the dismissal of the charges against them. Obviously this is an enormous benefit to clients who are concerned about keeping their jobs or looking for a job in the future.

Continue reading "PA ARD Program: A Better Option Than a DUI Conviction on Your Record" »

When a police officer suspects that a driver has been operating his or her vehicle under the influence of alcohol or a controlled substance, they will often ask them to perform a field sobriety test. My office consistently advises our clients to refuse to submit to such testing. However, more often then not, drivers will do as they are asked. Submission to such a test, especially if you have been drinking is likely to result in your arrest for DUI. In Pennsylvania, field sobriety tests are not mandated by law. You have no obligation to submit to them. They are used by the police to establish probable cause in order to arrest you for DUI and WILL be used against you at trial to justify your arrest.

Field sobriety tests are designed so that a police officer will be able to pick out certain physical characteristics of intoxication. Officers will employ such tests as the standing on one leg test where police instruct the suspect to stand on one leg, with the other foot suspended about 6 inches off the ground and count aloud. The officer will then time the suspect for thirty seconds. The officer is looking for indicators of impairment such as swaying while balancing, using arms to balance, hopping to maintain balance, not counting in order and putting the suspended foot down. Attempting to perform this test sober is difficult for many people and if you have been drinking will be nearly impossible.

Continue reading "Field Sobriety Testing in Pennsylvania: Refuse, Refuse, Refuse" »

Pennsylvania's implied consent law is a civil penalty applied by the Pennsylvania Department of Transportation that requires all motorists to submit to a chemical test of your breath, blood or urine if you are arrested for DUI. It is the duty of the police officer to provide you a simple warning that your operating privilege will be suspended upon refusal to submit to chemical testing.

Chemical testing can come in the form of a breath test, urine sample or through blood testing. Refusal to submit to these tests after you have been arrested for DUI in Pennsylvania can be punished by a one-year driver's license and up to three days in prison. For this reason my office recommends to clients that they do no refuse to submit to these tests.

Continue reading "Implied Consent Law for DUI in Pennsylvania " »

Anyone who is familiar with recent advertising campaigns against drunk driving has heard the phrase, "impairment begins with the first drink." However, impairment doesn't necessarily have to involve the consumption of alcohol. Section 3802 (d)(2) of the Pennsylvania Vehicle Code deals specifically with individuals who are under the influence of a controlled substance. It states, "Individuals may not operate a vehicle if they are under the influence of a drug or combination of drugs that impairs their ability to safely drive."

Controlled substances can range from illegal drugs such as marijuana, cocaine and methamphetamine to prescribed narcotic pain medication such as Codeine, Percocet and Vicodine. The side effects of these pain medications when taken at high dosage combined with operating a vehicle can some times result in DUI charges. A recent case originating in Delaware County resulted in a DUI conviction when the defendant operated a vehicle over three hours after taking prescription Valium and Percocet with codeine. The Court said evidence that the defendant was driving erratically, had constricted pupils, was unsteady on their feet after the traffic stop and had the appearance of confusion was enough to show that the drugs impaired his ability to safely operate his vehicle.

Continue reading "PA DUI: Impairment Starts with the Prescription Drug" »

One of the many reasons people who are charged with a DUI are pulled over in the first place is because of some sort of erratic driving. This can be the casual "roll through a stop sign" or crossing over a double yellow line a few times over the course of a mile. This sort of erratic driving is one of the principal indications that police look for when making a DUI traffic stop. This sort of driving however doesn't necessarily need to be witnessed by a police officer in order for you to be arrested for DUI. In Pennsylvania a fellow driver who identifies themselves to police may report the kind of erratic driving normally associated with those who are operating a vehicle while intoxicated. Their report to police will provide sufficient probable cause for the police to make a traffic stop which may then lead to a DUI.

In a recent case out of Butler County Pennsylvania, police officers received a 911 dispatch call advising them that a named motorist had observed a driver almost hit a wall of a bridge, run a stop sign and drive onto a sidewalk. Officers received the driver's registration number and location from the motorist, caught up to the driver and while they did not observe any bad driving still had a reasonable suspicion to pull the driver over. The Pennsylvania Superior Court upheld the legality of the traffic stop, saying that the police acting on a tip from a named motorist was Constitutional.

Continue reading "Other Motorists May Be Doing the Police's Job in DUI Reports in Pennsylvania" »

A Pennsylvania DUI conviction often results in a PA license suspension. These suspensions may seriously affect your ability to get to and from your place of employment, however, if your employment involves driving regularly then the impact may be significantly more serious. Drivers who have their Commercial Drivers License or CDL face stiffer suspensions then those with regular licenses and a conviction can effectively end your driving career.

The Motor Carrier Safety Improvement Act that was implemented in 2005 by the Pennsylvania legislature has mandated more stringent penalties for CDL licensees who have been convicted of driving under the influence. Some of the most significant aspects of the legislation are the legal BAC level for CDL drivers and the length of their suspensions for one or more DUI convictions.

Continue reading "CDL Drivers Face Stiffer Penalties for DUI in Pennsylvania" »

As a DUI attorney my main goal is to be sure that my clients serve the absolute minimum sentence possible. Because of the tiered structure for DUI penalties in Pennsylvania, the sentences are based on the driver's BAC and the number of their prior offenses. It is important to have a skilled Pennsylvania DUI lawyer to make sure that you do not recieve a higher penalty than necessary.

A perfect illustration of the importance of having a skilled attorney is the difference between a "General Impairment" (BAC .08 to .099%) tier sentence and "High BAC" (BAC .10 to .159%) tier sentence. First time offenders in Pennsylvania with a BAC of .099% face 6 months of probation, a $300 fine and alcohol highway safety classes. This is compared to a BAC just .001% higher who face a 12-month license suspension, 48 hours to 6 months in jail and a maximum of a $5,000 fine. For defendants who have had one or more prior DUI's the difference between tiers becomes even more dramatic.

Continue reading "Pennsylvania DUI: Small Differences in BAC Equal Big Differences in Sentencing" »

The biggest concern for my clients facing a DUI charge is when and for how long will they lose their license. Unfortunately the license suspension is a civil penalty dictated by Penn-Dot therefore it cannot be negotiated as part of the sentence. The length of a DUI related suspension is determined by which tier the offenders BAC falls into. However, as a former DUI Prosecutor I know there are ways to minimize my clients' suspensions.

The Pennsylvania Department of Transportation allows first time offenders who receive a one-year license suspension the ability to apply for an Occupational Limited License (OLL). This allows offenders to retain their ability to commute to and from work after serving a minimum 60-day suspension.

Continue reading "Alternatives to Pennsylvania DUI related License Suspension" »

As a former Prosecutor I have first hand experience that the easiest defendants to prosecute are the ones that talk to police and provide a confession. As a criminal defense attorney my job is to make sure that my clients reveal no information to the police and the prosecution to avoid incriminating themselves for trial. However, with the increasing popularity of social networking sites such as Facebook, MySpace and Twitter, this job has been made significantly more difficult. I have seen many cases in the media and in courthouses around the Philly metro area where facebook and myspace posts have led to arrests and convictions.

Recent criminal proceedings in and around Philadelphia serve as an example of how social networking can affect even DUI defenses. Joseph Genovese Jr. recently received national attention after he ran over two St. Louis Cardinals fans outside of Citizen's Bank Ball Park in Philadelphia, killing one and seriously injuring another.

Continue reading "Social Networking Sites Create Serious Problems for DUI Defendants in Pennsylvania" »

Being pulled over under suspicion of DUI provides its own legal mine fields, however, being pulled over under the suspicion of DUI while under the age of 21 only compounds the problems. While the maximum blood Alcohol Level for those over the age of 21 in PA is .08, it is only .02 for those who are underage. A .02 can be the equivalent of having one beer over an hour prior to operating a vehicle depending on the minor's body weight and how much he or she had to eat. While the police procedure for DUI stops is the same for minors and adults, those who are under 21 will often be cited for underage drinking even if the PBT gives a reading under the legal limit for DUI, .01 for example.

The Pennsylvania Superior Court has held that the offense of underage consumption of alcohol is established when evidence of alcohol ingestion obtained from a PBT device is combined with evidence of a defendant's minority age. These elements of proof make it relatively easy for police to prove underage drinking. However, there are a few areas where defendants may have the ability to combat an underage drinking charge. Because a Portable Breath Test (PBT) is often unreliable in accurately providing the level of alcohol in one's blood stream, these test are not sufficient to prove guilt in DUI prosecutions. However, they are accurate enough to show the presence of alcohol in underage drinking cases. When the PBT does not meet the specific standards laid out by the Commonwealth of Pennsylvania the defendant may have the ability to fight the underage drinking charge.

Continue reading "Underage DUI in Pennsylvania" »

The warm days of summer are quickly approaching! This means parties and barbeques with family and friends. It means drinks by the pool and early evening visits to the deck at your local watering hole. With the upcoming holiday weekend, along with what is sure to be an exciting weekend for Philadelphia hockey fans, it also means that local police departments will be setting up DUI checkpoints throughout the area. As the weekend approaches, well before you don your swim trunks and sandals or your best orange and black Flyers shirt, be sure to check your local newspaper for public notification of the potential locations for DUI checkpoints. The Pennsylvania Department of Transportation will also publicly notify upcoming checkpoints. Rarely will either of these disclose the exact location and time, however, it is a good idea to be aware of what towns and areas in they will be located. If you decide to party this holiday weekend, my office suggests the best way to avoid a DUI prosecution is to designate a sober driver. However, if you do get caught at one of these checkpoints and have had a few too many, hiring quality legal representation is ideal--there are strict rules governing police officers that conduct these checkpoints and their mistakes may provide you with legal options.

In order to comply with Federal and state Constitutional rights against search and seizures, Pennsylvania police officers must adhere to what are commonly referred to as the "Tarbert-Blouse" guidelines (named after a series of Pennsylvania State Supreme Court cases dealing with checkpoints in the 1980's).

Continue reading "The Holiday weekend in Pennsylvania brings fun in the sun along with DUI checkpoints" »

While most people are familiar with the blood alcohol requirements of a DUI, what many don't realize is that you don't actually have to be driving a vehicle to be convicted. In Pennsylvania there are two aspects to a DUI prosecution: impairment by alcohol or control substances AND control of a motor vehicle. The Pennsylvania DUI statute says that an individual may not drive, operate or be in actual physical control of the movement of a vehicle while intoxicated.

The obvious and most common aspect of operation is what most people think of--driving down the road, in full control of steering and operating the vehicle. What some may not know is the broader concept of "operating" the vehicle. Prosecutors are able to show control of a motor vehicle even when it is stationary with only the engine running.

Continue reading "Driving, operating or actual physical control of an automobile can still equal DUI in Pennsylvania" »