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Allentown DWI Lawyers

• Dennis & Frederick Charles: Q: What is "blood-alcohol concentration" or "blood-alcohol level"? A: Blood-alcohol concentration (BAC) is the level of alcohol in the bloodstream from drinking alcoholic beverages. BAC readings are used in court as evidence in drunk-driving cases. The most common method of measure is a breath test, although blood and/or urine testing is sometimes done. A result of .08 or higher may establish a presumption of intoxication. The details of the .08 BAC presumption laws vary among the states, but all 50 states have adopted .08 as their official intoxication level, in large part because of a federal threat of otherwise withholding highway funds. Q: Can I refuse a Breathalyzer¨ test? A: Every state has its own version of an implied consent law providing that a driver impliedly consents to alcohol testing just by the act of driving. In many states, a refusal to take a breath test is itself a criminal violation subject to stiff penalties. For example, refusing a breath test might result in automatic drivers-license suspension or revocation. If you are ultimately found guilty of a drunk-driving offense, there may be additional penalties because of the test refusal, such as a stiffer sentence. Your test refusal may also be used as evidence against you in a drunk-driving case.
• Jeffrey Knafo: If the police arrest you for driving while under the influence of alcohol or drugs and you refuse to take one or more chemical tests of breath, blood or urine, your driving privileges will be automatically suspended for 1 year in addition to the driving privilege suspension for a conviction or ARD for driving while under the influence. A conviction plus a refusal could result in a 2 year driving privilege suspension.
• Scheisser Law: Driving Under the Influence is a serious charge within the Commonwealth of Pennsylvania. The penalties consist of large fines, license suspension, and a mandatory jail term (even for first time offenders). Many diversionary programs (Accelerated Rehabilitative Disposition [ARD]) exist that prevent one charged with DUI with having a permanent criminal record. Several different ARD programs exist, and the main distinction between the programs is the cost and term of license suspension. Multiple convictions of DUI carry mandatory jail sentences and if a defendant is in not properly represented the defendant often receives a sentence greater that the mandatory minimum. Many related or collateral offenses to DUI (e.g., driving under suspension DUI related) also carry mandatory jail terms. One charged with DUI and/or related offenses should consult with an attorney immediately.