Dui defense
What is a per se DUI offense in Pennsylvania?
Some people end up facing driving under the influence DUI charges because they harm others. Police officers investigating a crash may request chemical testing. They may decide to arrest anyone who fails the test after a crash. Drivers can also end up arrested for DUI charges after a one-on-one traffic...
How football season could lead to a DUI arrest
Driving under the influence (DUI) infractions occur all day, every day and all throughout the year. However, arrests for impaired driving do surge upward during certain times of the year. Near the holidays, for example, drunk driving crash rates increase. Many police departments ramp up enforcement activity immediately before and...
What should you know about field sobriety tests?
At a traffic stop, police officers may use field sobriety tests to initially determine if a person was driving under the influence (DUI). However, these tests are not always accurate. What should people facing DUI charges know? What forms of field sobriety tests might an officer ask you to perform?...
What are some examples of aggravating factors in DUI offenses?
Accusations of driving while under the influence of alcohol can be devastating, and it may only be natural to wonder about how the outcome of your situation could impact your life. Even a first DUI offense could carry severe ramifications, such as a jail sentence and significant monetary fines. While...
PAS versus a Breathalyzer, DUI defense
Pennsylvania police who patrol State College often make traffic stops on vehicles. It would not be uncommon for a police officer to instruct a driver to step out of his or her vehicle if the reason for the traffic stop is suspected intoxication. Facing DUI charges may have both immediate...
Knowing what to expect when facing DUI charges
It might come as no surprise that a conviction for driving under the influence of alcohol could have a significant impact on various aspects of your life. If you face similar allegations, you might not know what to expect from this process and what steps you can take to prepare...
Driving while under the influence of medications
Few things may be as stressful as being accused of driving while under the influence. While most drivers may associate such issues with alcohol consumption, this might not be the only thing that could trigger similar results. In some cases, even certain prescription or over-the-counter medications could prompt impairment. Driving...
How to challenge the results of a breath test
If you have been arrested and charged with DUI in Pennsylvania, it is important to know your rights. Before anything, keep in mind that you have the right to challenge the results of a breath test. A DUI conviction can have serious consequences, so it is important to understand your...
Types of field sobriety tests to check driving impairment
There are three major types of field sobriety tests that police officers use to determine a driver’s sobriety in Pennsylvania. The Standard Field Sobriety Test (SFST) is a series of three tests: the horizontal gaze nystagmus, the walk-and-turn and the one-leg stand. Horizontal gaze nystagmus test The horizontal gaze nystagmus...
Older persons and intoxicated driving risks
State law establishes a legal threshold for someone to be an intoxicated driver. That said, someone’s BAC could be lower than .08 and may still be unable to operate a vehicle safely. Even one drink could make someone a danger to other drivers on Pennsylvania roads. Ultimately, several factors, including...
Pennsylvania DUI legislation
All states take a specific approach to prosecuting driving under the influence, and Pennsylvania is no different. New legislation has actually classified levels of DUI into three categories instead of two that many states use with respect to filing aggravated charges. Penalties are enhanced at 0.10 BAC level as opposed...
Your Philadelphia DUI Case: The Basics
Driving under the influence of alcohol or drugs is a serious criminal matter in Pennsylvania. It is not necessary to have consumed alcohol shortly before driving either, as the laws in Pennsylvania have been enhanced to allow impaired driving charges for both prescription and illegal drugs. And all drivers understand...
Common defenses to a DUI charge
All states enforce drunk driving laws to keep the roads safe, and penalties vary depending on the circumstances. Even a first offense can mean some jail time or fines and license suspension. However, drivers in Pennsylvania can fight the charges and use several defenses. Breathalyzer is inaccurate An officer may...
Do you have to submit to a field sobriety test?
Motorists who get pulled over in Pennsylvania and suspected of driving under the influence are often subjected to field sobriety tests. These tests may include finger-to-nose, reverse counting or “follow my finger,” and many drivers assume that they must complete the tests at an officer’s request. Pennsylvania has implied consent...
Does reasonable suspicion support a DUI stop?
A conviction for a DUI first offense in Pennsylvania may leave the defendant with six months of probation, a fine, and court-ordered treatment. Long before a conviction in court, the accused faces an arrest. The police might notice something suspicious about a person’s behavior and investigate. An officer’s assertion of...
How does a DUI affect your financial health?
You may not yet understand all the short- and long-term consequences of your driving under the influence charge, but you know you must pay fees, fines and more. Do you know how to adjust your budget to account for the financial ramifications of your DUI? American Addiction Centers touches on...
What kind of plea bargain will I get for my PA DUI?
It is highly likely that the prosecution will offer you some sort of plea bargain if your DUI case goes to trial. Whether or not it is a good idea for you to accept a plea bargain depends upon the specifics of your case. Regardless, it is almost inevitable that...
What should I know about PA ignition interlock requirements?
The requirements surrounding ignition interlock compliance for DUI are different between states. If the Pennsylvania courts are charging you with DUI, understanding the nuances of ignition interlock requirements in this state is paramount. Ignition interlock devices are expensive to install and maintain; they may also prevent a barrier to employment...
Does your BAC level reflect how drunk you feel?
Your blood alcohol content (BAC) level is a standard unit of measurement. Law enforcement uses it to determine if you have been drinking too much to be on the road. If you blow a BAC level of over 0.08 percent, you can face serious legal consequences. But is 0.08 percent...
Are DUI checkpoints legal in Pennsylvania?
Few things can ruin an otherwise fun night on the town faster than flashing lights in your rearview mirror. If an officer suspects you may be driving under the influence of alcohol, he or she may ask you to perform a field sobriety test or submit to a breath test....
Impaired driving charges and your CDL
For many people, driving represents the means through which they earn a living. Whether as a long-haul truck driver, a school bus driver or as a courier van driver, losing the right to drive might contribute to the loss of a job. When a person with a commercial driver’s license...
A DUI conviction may make college unaffordable
With average in-state tuition surpassing $22,000 per year, Pennsylvania is a comparatively expensive place to obtain a four-year degree. Fortunately, whether you intend to seek government-backed assistance, work-study aid or private funding, you probably have some options for paying for your higher education. A conviction for driving under the influence...
Can I challenge breathalyzer results?
In many cases, the majority of a state’s claim that an individual was driving under the influence of alcohol rests on the breathalyzer results. However, just like it is possible to challenge radar gun results in speeding ticket cases, it is also possible to challenge a breathalyzer results in drunk-driving...
How do officers look for probable causes to arrest?
Pennsylvania officers often look at multiple things when determining whether to make a DUI related arrest. Some of them include tangible results from DUI tests like blood or breath tests. Others come from personal examination as they interact with you. This is how they spot probable signs to arrest. Potential...
Why are standardized field sobriety tests more common?
In Pennsylvania, drivers like you may face field sobriety tests if suspected of driving under the influence. There are several tests under this umbrella and two different categories of testing. In general, you are most likely to run into standardized field sobriety tests. But why is this the case? What...
How alcohol affects a driver’s body
In the United States, nearly 30 people die in car accidents every single day. In 2018 alone, there were over 10,000 fatalities due to drunk driving. What makes alcohol so dangerous to use while driving? The NHTSA explains that a person’s blood alcohol concentration can affect judgment, behavior, muscle control...
A DUI conviction may limit Second Amendment rights
A recent appeals court ruling may mean that some individuals convicted of driving under the influence in Pennsylvania can lose their Second Amendment right to possess a gun. The state’s Department of Transportation outlines three levels of DUI, including a “highest blood alcohol content” of .16% or higher. Penalties for...
What are PA’s ignition interlock laws?
All states in the nation have strict laws against drunk driving. However, different states have slightly different requirements, so it is important to understand what specifically applies to Pennsylvania. All states have some variety of ignition interlock laws. According to the Pennsylvania Department of Transportation, repeated DUI offenders, those who...
What are the penalties for Pennsylvania DUI?
Pennsylvania imposes severe penalties for driving under the influence through the state’s zero tolerance program. The legal consequences of DUI vary depending on the driver’s level of impairment as measured by a blood or breath test. Before facing a DUI court date in Pennsylvania, understand the potential penalties for a...
DUI penalty may create distracted driving scenarios
Residents in Pennsylvania who find themselves facing allegations of drunk driving charges may feel scared about the potential penalties they face and what impact those penalties may have on their life. One issue for many defendants is the potential loss of driving privileges. Without a valid driver’s license, many people...
How do colleges respond to students with DUIs?
Pennsylvania college students may not realize the damage of DUI convictions. Some think it ends after you pay your fine. Others do not even consider the possibility of jail time. But did you know college students face consequences beyond fines and jail time? Today we will look at how colleges...
What should you know about DUI cases?
According to the National Highway Traffic Safety Administration, over 30 people lose their lives daily in accidents involving drunk drivers. Going for a drive when your BAC is higher than 0.08%, will lead to apprehension and conviction for DWI. As you know, once alcohol gets into your bloodstream, it goes...
What to know about the field sobriety test
There is no way around it; alcohol is part of being a college student. You will invariably be around others who are drinking at one point or another on your college journey, whether or not you partake in it. While this can be a safe, enjoyable practice, it can take...
How much does a Pennsylvania DUI increase auto insurance rates?
Facing a Pennsylvania driving under the influence charge, and worried about how it might affect you if that charge winds up leading to a conviction? Ultimately, numerous factors, including whether you have ever had a DUI conviction in the past, are going to factor in when it is time for...
Are field sobriety tests really accurate?
Pennsylvania drivers stopped by law enforcement officers and eventually suspected of driving under the influence of alcohol may commonly be asked to participate in a series of tests before their blood alcohol content is measured via any chemical means. These initial activities, field sobriety tests, theoretically provide support to officers...
Can you get a DUI for sleeping it off in your car?
There are several reasons you might fall asleep in your car after a night of drinking in Pennsylvania. You may realize before you start your car that you are too impaired to drive. You may begin to drive, realize you are intoxicated, and so pull over to sleep it off....
Holidays see an increase in drunk driving
The winter months are typically packed full of holidays and special events, not to mention several weeks of time off school for college students. The chance to see family and friends, combined with free time, makes this a highly anticipated time of year. However, it also has one of the...
DUI charges can be especially hard due to one’s reputation
When people are charged with DUI, they may be especially worried about the fallout of the case. Some drivers may not be very concerned about their reputation and how these charges will affect their life currently and in the future. For others, however, the repercussions can be incredibly overwhelming. For...
What should I know about ignition interlock devices?
One of the many potential consequences of being served a DUI in the state of Pennsylvania is the requirement of an ignition interlock device. According to the Pennsylvania Department of Transportation, individuals who are repeat DUI offenders, refuse chemical testing, or those who receive a first-time DUI with very high...
Driving while hungover can be just as dangerous
Just about everyone has been there at some point: you spent the night partying at a friend’s place and decided to crash there. Now the sun is up, and you feel like you’ve been hit by a bus. You drink some water, maybe take some painkillers to dull your hangover,...
How do we know if breath testing machines are accurate?
When someone is arrested for DUI, one thing a defense attorney might look into is whether the breath test was accurate. These tests can be performed incorrectly, and the machines may be uncalibrated or calibrated improperly. Just as important, the machines are manufactured and marketed for profit, with source codes...
Government report urges reducing DUI threshold to 0.05 percent
The National Highway Traffic Safety Administration wanted to know what strategies for reducing drunk driving have been proven effective, so it commissioned a report from a panel of the National Academies of Sciences, Engineering and Medicine. That report is in. Although the panel recommended a mix of evidence-based approaches, its...
Man spends 5 months in PA prison, falsely accused of DUI
In 2014, the Pennsylvania State Police falsely accused a New York man of drunk driving. The man spent 158 days in the Lehigh County Prison, despite being completely innocent. How did this miscarriage of justice occur? First, his bail was set at a level he could not afford. Second, a...
Report: State College the ‘drunkest’ city in Pennsylvania
As a college town, it is not surprising to many people that State College, Pennsylvania, contains its fair share of people who like to party hard. However, a recent report shows just how much more State College residents like to party than the average Pennsylvanian. According to an analysis of...
Enjoy ‘Halloweekend,’ but be aware of the risks
One of Penn State’s rowdiest weekends is fast approaching. Known as “Halloweekend,” PSU students let loose for several days surrounding the holiday, packing bars and apartments for hours and hours of partying. It would be silly to think that everyone drinking cheap beer and mixed drinks over this weekend will...
Study: Hiring a DUI lawyer can literally pay for itself
If you’ve been arrested for DUI, a lot of questions may be running through your mind. It’s just a misdemeanor — is it worth defending myself? Will a lawyer really get me a better result than just pleading guilty? Can I even afford a lawyer? You should absolutely defend yourself...
The steps a field sobriety test consists of
When drivers in Pennsylvania and other states are pulled over by a police officer, it is likely they are in a slight panic mode. No motorist likes to get pulled over, and no motorist ever enjoys getting a ticket following a stop. What about stops that involve more than just...
Don’t ruin summer fun with a drunken boating arrest
Summer is officially here. Most PSU students and local kids are enjoying their summer vacations. Parents and young adults also like to take advantage of the beautiful weather and long daylight hours to soak up the sun and spend time with friends. Raystown Lake and Foster Joseph Sayers Lake are...
Image exploitation laws: something young people need to know
College-aged individuals on any campus — whether at PSU or elsewhere in Pennsylvania or another state – collectively comprise an eclectic bunch. Indeed, it is the diversity and sheer dynamic linked with that demographic that makes the university environment so filled with potential and opportunities for learning. As different as...
Minors are not adults: just sentencing should reflect that
A recent media article discussing juvenile criminal offenders makes reasonable arguments as to why herding youthful law breakers together with older inmates convicted of crimes in adult correctional facilities is seldom, if ever, a good idea on any level. First of all, there is that troubling element of recidivism to...
How do police officers spot a drunk driver?
Arrests based on drunk driving charges are one of the most common types of arrests that law enforcement officers make throughout the country, including in Pennsylvania. Every day in State College, Lock Haven and across Pennsylvania, people make the mistake of getting behind the wheel of a car after consuming...
PSU simulation logical segue to state’s DUI penalties
Students are used to simulations involving myriad subject matter. Even at the elementary school level, mock programs stressing things like orderly evacuations during emergencies, appropriate responses to bullying behavior and defensive strategies to engage potential adult predators are introduced. And thus it was likely that PSU students hearing about —...
Don’t drink and bike in Pennsylvania
Yes, you read that correctly. Here in the commonwealth of Pennsylvania, police can stop you for DUI while on a bike, and the penalties can be just as severe as if you were driving a car. Many students at Penn State, Lock Haven University and Bucknell University may think they...
Broadly relevant DUI tale: fraudulent validation of breathalyzers
Unquestionably, law enforcement agencies in Pennsylvania and nationally have a plethora of resources — coupled with obviously impressive state police powers — at their disposal when they’re literally on the prowl for drivers they might reasonably be able to pull over for allegedly driving under the influence of alcohol. The...
Keeping it Super this Sunday: some alcohol-related considerations
Given that college students and similarly aged peers comprise an energetic and alert demographic, most of them readily note the big event going on this weekend. And it’s not at the library. In fact, it’s what has come to be regarded as America’s biggest annual party (with all due respect...
What will happen if you refuse a breath test in Pennsylvania?
Law enforcement agencies throughout the country place a strong emphasis on curtailing drunk driving. It is no different in Pennsylvania. Anyone who gets behind the wheel of a vehicle after consuming alcohol is making a dangerous choice, both from the perspective of a potential arrest and from the perspective of...
Don’t ruin Thanksgiving with a DUI
Thanksgiving should always be a time for happiness and coming together with friends and family to celebrate. Unfortunately, many people party far too hard over the long weekend, leading to a spike in fatal accidents and DUI arrests. PennDOT announced this week that officers will be paying extra attention for...
Crafting a criminal defense to drunk driving charges
Drunk driving is one of the most common criminal charges in the United States. Each year hundreds of thousands of people are charged with drunk driving throughout the country. But, that doesn’t mean that every case of an arrest for drunk driving will result in a conviction. There are many...
How tailgating can put you at risk
Football season is going strong. Enjoying the festivities is a long-held tradition and almost inescapable part of the Penn State experience. Despite that, tailgating is one of the easiest ways for underage students to get into some serious trouble. Penn State takes this issue seriously, increasing police presence at games...