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Allentown DWI Lawyers

1. Moyer, Michael: DUI's Traffic Offenses License Suspension Appeals Drug Crimes Juvenile Offenses Expungements Probation and Parole White Collar Crimes Practice before Magisterial District Judges (Preliminary Hearings) PFA's, Contempts, etc. Appeals (Federal and State) All Major Felonies and Misdemeanors Summary Offense Assault Cases Forfeitures Sexual Offenses
2. Jenkins, Jason: Pennsylvania has just enacted ¤ 3802 regarding the new DUI laws. The penalties under the new statute have become more severe. The BAC has been lowered from .10% to .08. The sentencing phase of ¤3802 just took effect on February 1, 2004. The current law breaks down DUI into 3 major categories: Driving under influence of alcohol or controlled substance: a) General impairment Ð 1) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle. 2) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individualÕs blood or breath is at least .08% but less than .10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle. b) High rate of alcohol Ð An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individualÕs blood or breath is at least .10% but less than .16% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle. c) Highest rate of alcohol Ð An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individualÕs blood or breath is .16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle. d) Controlled substances Ð An individual may not drive, operate or be in actual physical control of the movement of a vehicle under any of the following circumstances: 1) There is in the individualÕs blood any amount of a: (i) Schedule I controlled substance, as defined in the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance Act; or (ii) Schedule II or Schedule III controlled substance, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, which has not been medically prescribed for the individual; or (iii) Metabolite of a substance under subparagraph (i) or (ii). 2) The individual is under the influence of a drug or combination of drugs to a degree which impairs the individualÕs ability to safely drive, operate or be in actual physical control of the movement of the vehicle. 3) The individual is under the combined influence of alcohol and a drug or combination of drugs to a degree which impairs the individualÕs ability to safely drive, operate or be in actual physical control of the movement of the vehicle. 4) The individual is under the influence of a solvent or noxious substance in violation of 18 Pa. C.S. ¤ 7303 (relating to sale or illegal use of certain solvents and noxious substances). e) Minors Ð A minor may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the minorÕs blood or breath is .02% or higher within two hours after the minor has driven, operated or been in actual physical control of the movement of the vehicle. f) Commercial or school vehicles An individual may not drive, operate or be in actual physical control of the movement of a commercial vehicle, school bus or school vehicle in any of the following circumstances: 1) After the individual has imbibed a sufficient amount of alcohol such that the individualÕs blood or breath is: (i) .04% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a commercial vehicle other than a school bus or a school vehicle. (ii) .02% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a school bus or a school vehicle. 2) After the individual has imbibed a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle. 3) While the individual is under the influence of a controlled substance or combination of controlled substances, as defined in section 1603 (relating to definitions). 4) While the individual is under the combined influence of alcohol and a controlled substances, as defined in section 1609. g) Exception to two-hour rule. Notwithstanding the provisions of subsection (a), (b), (c), (e) or (f), where alcohol or controlled substance concentration in an individualÕs blood or breath is an element of the offense, evidence of such alcohol or controlled substance concentration more than two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle is sufficient to establish that element of the offense under the following circumstances: 1) Where the Commonwealth shows good cause explaining why the chemical test could not be performed within two hours; and 2) Where the Commonwealth establishes that the individual did not imbibe any alcohol or utilize a controlled substance between the time the individual was arrested and the time the sample was obtained. Under current Pennsylvania law, anyone driving a motor vehicle on a roadway may be requested to submit to a field sobriety test, breathalyzer and/or blood test. Failure to comply will result in a mandatory one year license suspension, whether or not you are charged or convicted of DUI. If you have been arrested and/or accused of refusing any of the above, contact this office immediately. In many cases, we can assist you in avoiding certain suspensions. In short, you should never refuse a blood test unless there has been an accident involving serious or life-threatening injuries. As of February 1, 2004, Pennsylvania DUI sentencing is now graded according to your blood alcohol level (BAC). The higher the BAC, the greater the penalties. A) General Impairment Ð BAC .08% Ð .099% Incapable of safe driving. 1st Offense: 1) Ungraded misdemeanor 2) 6 months probation 3) $300 fine plus court costs 2nd Offense: 1) Ungraded misdemeanor 2) Mandatory minimum Ð 5 day imprisonment followed by probation 3) $300-$2,500 fine plus court costs 4) Twelve (12) month license suspension 5) One (1) year interlock 3rd and subsequent Offense(s): 1) Second (2nd) degree misdemeanor 2) Mandatory minimum Ð 10 days imprisonment followed by probation 3) $500-$5,000 fine 4) Up to two (2) full years in state prison B) High Rate of Alcohol Ð BAC-.10% Ð .159% Incapable of safe driving. 1st Offense: 1) Ungraded misdemeanor 2) Mandatory minimum Ð48 hours consecutive hours imprisonment 3) 12 month license suspension 4) $500-$5,000 fine plus court costs 5) Possible Occupational Limit License after imprisonment 2nd Offense: 1) Ungraded misdemeanor 2) Mandatory minimum Ð 30 days imprisonment 3) $750-$5,000 fine plus court costs 4) 1 year driverÕs license suspension followed by 1 year ignition interlock 3rd Offense: 1) 1st degree misdemeanor 2) Mandatory minimum Ð 90 days imprisonment 3) Up to 5 years state imprisonment 4) $1,500 - $10,000 fine plus court costs 5) 18 month driverÕs license suspension 6) Mandatory 1 year ignition interlock 4th and subsequent offense(s): 1) 1st degree misdemeanor 2) Mandatory minimum Ð 1-2 year(s) state imprisonment 3) $1,500 - $10,000 fine plus court costs 4) 18 month driverÕs license suspension 5) Mandatory 1 year ignition interlock C) Highest Rate of Alcohol Ð BAC Ð .16% and higher Incapable of safe driving 1st Offense: 1) Ungraded misdemeanor 2) Mandatory minimum Ð 72 hours state imprisonment 3) $1,000-$5,000 fine plus court costs 4) 12 month driverÕs license suspension 5) Possible OLL after 60 days 2nd Offense: 1) 1st degree misdemeanor 2) Mandatory minimum Ð 90 days state imprisonment 3) Up to 5 years in state prison 4) $1,500 minimum fine plus court costs 5) 18 month driverÕs license suspension followed by 1 year ignition interlock 6) Possible OLL after 12 month suspension 3rd and subsequent Offense(s): 1) 1st degree misdemeanor 2) Mandatory minimum Ð 1-2 year state imprisonment 3) $2,500 minimum fine 4) Up to 5 years in state prison 5) 18 month license suspension followed by 1 year ignition interlock What is the Ignition Interlock law? A person convicted of a second or subsequent offense of driving under the influence must have an ignition interlock system installed on each vehicle owned by the driver. This system must remain on the vehicle for one year before the driver can qualify for an unrestricted driverÕs license and restoration of driving privileges. A driver has to serve at least one year of a suspension before becoming eligible for ignition interlock. If a driver was convicted for Driving Under the Influence on or after September 30, 2000, they must comply with the ignition interlock system, regardless of the date of the offense. All DUI offenses will be counted as prior offenses regardless of the date they occurred. Accelerated rehabilitative disposition (ARD), consent decree and adjudication of delinquency dispositions counted as prior offenses. What is Ignition Interlock? It is a device that is installed on motor vehicles to prohibit individuals under the influence of alcohol from operating the vehicle. The individual must blow into the device before starting the vehicle. If the system detects alcohol, the car will not start. The individual may be prompted to blow into the device periodically while operating the vehicle. The Ignition Interlock system is leased through different providers. The individual is responsible for the cost of the system, which varies depending on the provider, but averages $1,000 per system. Failure to have the Ignition Interlock System installed results in the driver being ineligible to have their driving privileges restored for an addition one-year period. An individual will receive a suspension notice and ignition interlock information. 30 days prior to the eligibility date, the individual will receive a Restoration Requirements Letter which lists approved ignition interlock providers, as well as an application for an Ignition Interlock License. Forms Needed To Apply In addition to the Restoration Requirements letter, an individual who qualifies for an Ignition Interlock license must fill out and return the following forms: ¥ Application for an Ignition Interlock License/Return of Regular Driver License (DL-3731) ¥ Self-Certification of Vehicle(s) Owned/Operated (DL-21SC) These are also available at www.state.pa.us (click on the e-Government Services logo, click on Citizen Services, then select Driver and Vehicle Services, and click on ÔFormsÕ). The Ignition Interlock License After restoration requirements are met, forms are completed, and a vendor has installed the approved device in each vehicle owned by the individual, the vendor will inform the Court, who will then send certification to PennDOT. PennDOT will then issue an Ignition Interlock License. The Ignition Interlock License has a red banner with the words ÒLimited LicenseÓ contained within. A red map of Pennsylvania is located in the lower right corner, with ÒIgnition InterlockÓ inside the map. Fees The fee for Ignition Interlock License varies. The Restoration Requirements letter will include a list of installation service centers (ISC). There are currently seven approved ignition interlock systems to choose from. Listed below is a list of ISCÕs who carry the approved systems. ¥ Interlock Installation Services.................. ....1-800-452-1739 ¥ Consumer Safety Technology, Inc.................1-877-777-5020 ¥ National Interlock, Inc........................... ....1-866-342-4984 ¥ American Interlock Services............ ..........1-877-273-2841 ¥ Pennsylvania Interlock...............................1-866-718-8606 ¥ Draeger Interlock, Inc..................... ...........1-800-332-6858 The Ignition Interlock System can be installed on a vehicle owned by a family member, friend, or company for the defendantÕs use. An individual whose job requires them to drive a company vehicle can only do so if the ignition interlock device has been installed on that vehicle. Anyone who uses that vehicle must go through the breath test to start the vehicle. Currently, there is no ignition interlock system for motorcycles. Unless the individual has the ignition interlock device installed on another vehicle, they will be ineligible for restoration for an additional year. An individual can have the ignition interlock device installed and apply for an Ignition Interlock License at any time during their additional one-year suspension. The device must remain on the vehicle for one year regardless of when the device is installed. Thirty days before the expiration date of the Ignition Interlock License the individual will receive an Application for Ignition Interlock License/Return of Regular Driver License (DL-3731) form in the mail to apply.
3. Brunnabend, Michael: Criminal Law Drug Crimes DUIDWI
4. Scherline & Associates: If you are charged with a crime, you have the Constitutional right to be considered innocent until proven guilty! You need the right law firm on your side.
5. Holihan, Gavin: State and federal law DUI Drug charges Felony Traffic Misdemeanor Murder
6. Jenkins, Jason: 1. Question: What do police officers look for when searching for drunk drivers on the highways? Answer: The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated. The list is based upon research conducted by the National Highway Traffic Administration: Turning with a wide radius Straddling center of lane marker. "Appearing to be drunk" Almost striking object or vehicle Weaving Driving on other than designated highway Swerving Speed more than 10 mph below the speed limit Stopping without cause in traffic lane Following too closely Drifting Tires on center or lane marker Braking erratically Driving into opposing or crossing traffic Signaling inconsistent with driving actions Slow response to traffic signals Stopping inappropriately (other than in lane) Turning abruptly or illegally Accelerating or decelerating rapidly Headlights off Incidentally, speeding is not a symptom of DUI; because of quicker judgment and reflexes, it may indicate sobriety. 2. Question: When stopped by a police officer, what should I say if I am asked whether I have been drinking? Answer: You are not required to answer potentially incriminating questions. A polite "I would like to speak with an attorney before I answer any questions" is a good reply. On the other hand, saying that you had one or two beers is not incriminating: it is not sufficient to cause intoxication Ñ and it may explain the odor of alcohol on the breath. 3. Question: Do I have a right to an attorney when I'm stopped by an officer and asked to take a field sobriety test? Answer: In Pennsylvania, there is no right to speak to an attorney until after you have submitted to blood or breath testing at the station (or have refused to do so). 4. Question: What is the officer looking for during the initial detention at the scene? Answer: The traditional symptoms of intoxication taught at the police academies are: Flushed face Red, watery, glassy and/or bloodshot eyes Odor of alcohol on breath Slurred speech Fumbling with wallet trying to get license Failure to comprehend the officer's questions Staggering when exiting vehicle Swaying/instability on feet Leaning on car for support Combative, argumentative, jovial or other "inappropriate" attitude Soiled, rumpled, disorderly clothing Stumbling while walking Disorientation as to time and place Inability to follow directions 5. Question: What should I do if I'm asked to take field sobriety tests? Answer: There are a wide range of field sobriety tests (FSTs), including heel-to-toe, finger-to-nose, one-leg stand, horizontal gaze nystagmus, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand pat, etc. Most officers will use a set battery of three to five such tests. Unlike the chemical test, where refusal to submit may have serious consequences, you are not legally required to take any FSTs. The reality is that officers have usually made up their minds to arrest when they give the FSTs; the tests are simply additional evidence which the suspect inevitably "fails". Thus, in most cases a polite refusal may be appropriate. Recently, many states have begun following the federally-approved ( National Highway Traffic Safety Administration) "standardized" field sobriety tests. These consist of a battery of three tests: Heel-to-Toe (also referred to as "walk-and-turn") One-Leg Stand Horizontal Gaze Nystagmus All other field sobriety tests are disapproved. And unlike non-standardized tests, in which the officer subjectively decides whether the suspect passes or fails, the SFSTs are scored objectively Ñ that is, a numerical score is assigned according to specific errors, or "clues". 6. Question: Why did the officer make me follow a penlight with my eyes to the left and right? Answer: This is the "horizontal gaze nystagmus" test, a relatively recent development in DUI investigation. The officer attempts to estimate the angle at which the eye begins to jerk ("nystagmus" is medical jargon for a distinctive eye oscillation); if this occurs sooner than 45 degrees, it theoretically indicates a blood-alcohol concentration over .05%. The smoothness of the eye's tracking the penlight (or finger or pencil) is also a factor, as is the type of jerking when the eye is as far to the side as it can go. This field sobriety test has proven to be subject to a number of different problems, not the least of which is the non-medically trained officer's ability to recognize nystagmus and estimate the angle of onset. Because of this and the fact that the test is not accepted by the medical community, it is not admissible in many states, including Pennsylvania. 7. Question: Should I agree to take a chemical test? What happens if I don't? Answer: There are three adverse consequences to refusing to submit to a breath or blood test (or urine if neither is available or if drugs are suspected): Your driver's license will be suspended for one year rather than several months; if this is a second offense, the suspension is for two years. Unlike a suspension for having over .08% blood-alcohol, there is no possibility of obtaining a work-restricted license. A refusal, if alleged in the complaint, carries a mandatory minimum jail sentence. The fact of refusing can be introduced into evidence at trial as evidence of "consciousness of guilt". Of course, the defense is free to offer other reasons for the refusal, such as fear of needles or inability to blow into the machine hard enough. Thus, the decision is one of weighing the likelihood of an incriminating blood-alcohol result against the consequences of refusing. 8. Question: Do I have a choice of chemical tests? Which should I choose? Answer: In Pennsylvania, you are not given a choice of blood or breath testing. Urine testing can be required if neither blood nor breath is available, or if the officer reasonably suspects the presence of drugs. If a breath test is chosen, the officer is supposed to advise you that, because a breath sample will not be saved for later reanalysis by the defense, you are entitled to a second test of blood; many officers, however, fail to provide this information. Analysis of a blood sample is potentially the most accurate. Breath machines are susceptible to a number of problems rendering them often unreliable. The least accurate is urinalysis. 9. Question: The officer never gave me a Miranda warning: Can I get my case dismissed? Answer: No. The officer is supposed to give a 5th Amendment warning after he arrests you. Often, however, they do not. The only consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest. Of more consequence in most cases is the failure to advise you of the state's "implied consent" law - that is, your legal obligation to take a chemical test and the results if you refuse. This can affect the suspension of your license. 10. Question: What crimes will I be charged with? Answer: The traditional offense is "driving under the influence of alcohol" (DUI), or in some states, "operating while intoxicated" (OWI), or "driving while intoxicated" (DWI). In recent years, however, 48 states have also enacted a second, so-called "per se" offense: driving with an excessive blood-alcohol concentration (either .08% or .10%). In those states, BOTH offenses are charged. Pennsylvania is one of those states. The defendant can even be convicted of both, but can be punished for only one. If the case involves a refusal to submit to chemical testing, of course, only the traditional offense will be charged. 11. Question: Can I represent myself? What can a lawyer do for me? Answer: You can represent yourself Ñ although it is not a good idea. "Drunk Driving" is a very complex field with increasingly harsh consequences. There is a minefield of complicated procedural, evidentiary, constitutional, sentencing and administrative license issues. What can a lawyer do? Nothing (or worse) if he is not qualified in this highly specialized field Ñ no more than a family doctor could help with brain surgery. A qualified attorney, however, 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, negotiate for a lesser charge or reduced sentence, obtain expert witnesses for trial, contest the administrative license suspension, etc. 12. Question: How can I find a qualified drunk driving lawyer? Answer: The best way to find a good DUI / DWI lawyer is by reputation. There are a few attorneys who have national reputations; these, of course, are expensive. Thus, the best approach is to ask other attorneys in the jurisdiction: Who is the best in the area? If you do not know any attorneys, go to the local courthouse and ask bailiffs, clerks and public defenders: Who would THEY go to if arrested for drunk driving? Contrary to popular belief, it is not a wise idea to obtain a referral from the local Bar association or referral service. There are rarely any qualifications required for an attorney to be on a referral list; he usually only has to ask to be placed on it. When you call, you are simply given the next name on that list. An excellent indication of quality and experience is membership in the National College for DUI Defense. Completion of that organization's intensive three-day seminar presented at Harvard Law School every year is another clear sign of expertise. Board-certification by the College, however, is the highest level of recognition. When you meet with the attorney, make sure of three things: He has extensive experience in DUI / DWI litigation; He has a reputation for going to trial in appropriate cases, rather than just "copping out" his clients; The financial terms of representation are clear. CAUTION: Beware of lawyers claiming to be experts in the field who simply refer you to other "top DUI lawyers" who then split the fee. 13. Question: What will it cost to get a lawyer? Answer: This varies, of course, by the reputation and experience of the lawyer and by the geographic location. As with doctors, generally, the more skilled the attorney and the larger the city, the higher the fee. A related factor is the amount of time a lawyer devotes to his cases: the better lawyers take fewer clients, spending more hours on each. The range of fees is huge. A general practitioner in a small community may charge only $1,000-1,500; a DUI specialist with a national reputation may charge up to $15,000 or more, depending on the facts. In addition, the fee may vary by such other factors as: Is the offense a misdemeanor or felony? If prior convictions are alleged, the procedures for attacking them may add to the cost. The fee may or may not include trial or appeals. Administrative license suspension procedures may also be extra. The lawyer may charge a comprehensive fixed fee, or he may ask for a retainer in advance Ñ to be applied against hourly charges. Costs such as expert witness fees, independent blood analysis, service of subpoenas, etc., may be extra. Whatever the fee quoted, you can ask for a written agreement. And make sure you understand all the terms. 14. Question: What is the punishment for drunk driving? Answer: This varies from jurisdiction to jurisdiction and can become quite complex depending upon the facts of the individual case. Generally speaking, a first offense eligible for the ARD program with no "enhancements" (see #16) will involve a fine of about $1500, a 60-day license restriction (in addition to the DMV suspension), attendance at a DUI school or drug and alcohol evaluation and probation for one year. A short jail sentence may or may not be required; for a second offense, it almost certainly will. Additional punishment may involve community service, ignition interlock devices, AA meetings and/or impounding of the vehicle. 15. Question: What is a sentence "enhancement"? Answer: Pennsylvania law increases the punishment in drunk driving cases if certain facts exist. The most common of these is an earlier conviction for the same or a similar offense within ten years of the current offense. Other commonly encountered enhancements (which must usually be alleged in the complaint) include: A child was in the car at the time. The defendant was traveling 20 or 30 miles over the speed limit at the time. The blood-alcohol concentration ( BAC) was over .20%. The defendant refused to submit to a chemical test. There was property damage or injury. The defendant was under 21 ("zero tolerance" laws commonly require a much lower blood-alcohol level and impose longer license suspensions). The existence of any personal injury caused by drunk driving elevates the offense to a felony. A death can trigger manslaughter or even, if special circumstances exist, murder charges. 16. Question: What is a "rising BAC defense"? Answer: It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of DRIVING Ñ not at the time of being TESTED. Since it takes between 30 minutes and 3 hours for alcohol to be absorbed into the system, an individual's BAC may continue to rise for some time after he is stopped and arrested. Commonly, it is an hour or more after the stop when the blood, breath or urine test is given to the suspect. Assume that the result is .10%. If the suspect has continued to absorb alcohol since he was stopped, his BAC at the time he was driving may have been only .07%. In other words, the test result shows a blood-alcohol concentration above the legal limit Ñ but his actual BAC AT THE TIME OF DRIVING was below. 17. Question: What is "mouth alcohol"? Answer: "Mouth alcohol" refers to the existence of any alcohol in the mouth or esophagus. If this is present during a breath test, then the results will be falsely high. This is because the breath machine assumes that the breath is from the lungs; for complex physiological reasons, its internal computer multiplies the amount of alcohol by 2100. Thus, even a tiny amount of alcohol breathed directly into the machine from the mouth or throat rather than from the lungs can have a significant impact. Mouth alcohol can be caused in many ways. Belching, burping, hiccupping or vomiting within 20 minutes before taking the test can bring vapor from alcoholic beverages still in the stomach up into the mouth and throat. Taking a breath freshener can send a machine's reading way up (such products as Binaca and Listerine have alcohol in them); cough syrups and other products also contain alcohol. Dental bridges and dental caps can trap alcohol. Blood in the mouth from an injury is yet another source of inaccurate breath test results: breathed into the mouthpiece, any alcohol in the blood will be multiplied 2100 times. A chronic "reflux" condition from gastric distress or a hiatal hernia can cause elevated BAC readings. 18. Question: What defenses are there in a DUI case? Answer: Potential defenses in a given drunk driving case are almost limitless due to the complexities of the offense. Roughly speaking, however, the majority can be broken down into the following areas: Driving Intoxication is not enough: the prosecution must also prove that the defendant was driving. This may be difficult if, as in the case of some accidents, there are no witnesses to his being the driver of the vehicle. Probable cause. Evidence will be suppressed if the officer did not have legal cause to(a) stop, (b) detain and (c) arrest. Sobriety roadblocks present particularly complex issues. Miranda. Incriminating statements may be suppressed if warnings were not given at the appropriate time. Implied consent warnings. If the officer did not advise you of the consequences of refusing to take a chemical test, or gave it incorrectly, in some states (including California) this may affect admissibility of the test results Ñ as well as the license suspension imposed by the motor vehicle department. "Under the influence". The officer's observations and opinions as to intoxication can be questioned Ñ the circumstances under which the field sobriety tests were given, for example, or the subjective (and predisposed) nature of what the officer considers as "failing". Too, witnesses can testify that you appeared to be sober. Blood-alcohol concentration. There exists a wide range of potential problems with blood, breath or urine testing. "Non-specific" analysis, for example: most breath machines will register many chemical compounds found on the human breath as alcohol. And breath machines assume a 2100-to-1 ratio in converting alcohol in the breath into alcohol in the blood; in fact, this ratio varies widely from person to person (and within a person from one moment to another). Radio frequency interference can result in inaccurate readings. These and other defects in analysis can be brought out in cross-examination of the state's expert witness and/or the defense can hire its own forensic chemist. Testing during the absorptive phase. The blood, breath or urine test will be unreliable if done while you are still actively absorbing alcohol (it takes 30 minutes to three hours to complete absorption; this can be delayed if food is present in the stomach). Thus, drinking "one for the road" can cause inaccurate test results. Retrograde extrapolation. This refers to the requirement that the BAC be "related back" in time from the test to the driving (see question #17). Again, a number of complex physiological problems are involved here. Regulation of blood-alcohol testing. The prosecution must prove that the blood, breath or urine test complied with state requirements as to calibration, maintenance, etc. License suspension hearings. A number of issues can be raised in the context of an administrative hearing before the state's department of motor vehicles. 19. Question: I have some questions about my DUI case. Where can I go for answers? Answer: An experienced drunk driving lawyer is the best source, of course. Short of that: Go to a law library (at courthouses and law schools) and research DUI law and blood-alcohol analysis.
7. Laputka, Charles: Personal > Bankruptcy-Personal Personal > Landlord - Tenant Personal > Criminal Law Business > Bankruptcy-Business Personal > Real Estate-Personal Personal > DUI Defense
8. Holihan, Gavin: * Did the officer have a right to stop your vehicle? * Was the field sobriety test administered correctly? * Was the Breathalyzer test administered properly? * Was the blood alcohol test administered properly?
9. Prince Law Offices: In most DUI cases, prosecutors present their version of the facts as clear-cut, convincing and incontrovertible. Along similar lines, many DWI lawyers tout their "success rates" and boast of being able to challenge almost any drunk driving case. In reality, DUI cases can and are successfully challenged every day by lawyers who know how to argue the finer points of the law. Even so, prosecutors win just as many, if not more, cases on the whole. And in those cases, keeping you out of jail becomes the real prize to seek.
10. Goodge & Makoul: Divorce Domestic Violence Drunk Driving DUIDWI Estate Family Law Felonies Head and Spinal Injuries Homicides Juvenile Crimes License Suspensions Misdemeanors Municipal Parole and Probation Violations Plaintiffs Personal Injury
11. 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.
12. 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.
13. 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.