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Bethlehem DWI Lawyers

1. Muschlitz, David: DUI 3-TIER DUI SYSTEM Pennsylvania has a 3-tiered system for dealing with DUIs. The tiers are distinguished by blood alcohol content (BAC), as follows: 1. BAC of .08% to .099% 2. BAC of .10% to .159% 3. BAC of .16% and above The higher the blood alcohol, the greater the punishment. There are also different penalties for first, second, third offense, and subsequent DUIs. The number of the offense is measured by a ten year look-back period, which means that such offenses committed over ten years ago will not be held against an individual for purposes of punishment for a current DUI conviction. BAC Ñ .88% Ð .099% DUI Offense BAC .08-.099% Penalty 1st Offense * Probation no longer than 6 months; * $300 fine; * Attend Alcohol Highway Safety School; and * Comply with the Drug and Alcohol treatment requirements 2nd Offense * Mandatory 5 days in jail, but may be up to 60 days; * Fine between $300 and $2,500; * Attend Alcohol Highway Safety School; * Loss of License for 1 year; * Ignition Interlock system in car for 1 year; * Full Drug and Alcohol assessment 3rd Offense * Mandatory 10 days in jail, but may be up to 2 years; * Fine between $500 and $5,000; * Loss of License for 1 year; * Ignition Interlock system in car for 1 year; * Full Drug and Alcohol assessment BAC Ñ .10% Ð .159% or Injury DUI Offense Penalty BAC .1 Ð .159% 1st Offense * Mandatory 48 hours in jail, but may be up to 6 months; * Fine between $500 and $5,000; * Attend Alcohol Highway Safety School; * Loss of License for 1 year; * Full Drug and Alcohol assessment 2nd Offense * Mandatory 30 days in jail, but may be up to 6 months; * Fine between $750 and $5,000; * Attend Alcohol Highway Safety School; * Loss of License for 1 year; * Ignition Interlock system in car for 1 year; * Full Drug and Alcohol assessment 3rd Offense * Mandatory 90 days in jail, but may be up to 5 years; * Fine between $1,500 and $10,000; * Loss of License for 18 months; * Ignition Interlock system in car for 1 year; * Full Drug and Alcohol assessment 4th Offense * Mandatory 1 year in jail, but may be up to 5 years; * Fine between $1,500 and $10,000; * Loss of License for 18 months; * Ignition Interlock system in car for 1 year; * Full Drug and Alcohol assessment BAC Ñ .16% or Over Offense Penalty over .159% BAC 1st Offense * Mandatory 72 hours in jail, but may be up to 6 months; * Fine between $1,000 and $5,000; * Attend Alcohol Highway Safety School; * Loss of License for 1 year; * Full Drug and Alcohol assessment 2nd Offense * Mandatory 90 days in jail, but may be up to 5 years; * Fine between $1,500 and $10,000; * Attend Alcohol Highway Safety School; * Loss of License for 18 months; * Ignition Interlock system in car for 1 year; * Full Drug and Alcohol assessment 3rd Offense * Mandatory 1 year in jail, but may be up to 5 years; * Fine $2,500 to $10,000 * Loss of License for 18 months; * Ignition Interlock system in car for 1 year; * Full Drug and Alcohol assessment Accelerated Rehabilitative Disposition (ARD) In Pennsylvania, a DUI offender may be eligible for an alternative disposition in some circumstances. This is a pre-trial diversionary program whereby an individual may have the offense removed from his/her record dependant on cooperation with certain restrictions placed by the judge and supervised by the prospective countyÕs probation department. If you to apply for the privilege of the accelerated rehabilitative disposition (ARD) program, then you may be subject to the following penalties: * Alcohol Highway Safety School; * Probation for 6 to 12 months; * Full Drug and Alcohol assessment, if the BAC was .16% or over, or, if the Court Reporting Network (CRN) profile report indicates the need for further evaluation, Drug and Alcohol counseling or treatment; * Mandatory License suspension (listed below); * Restitution to any person who suffered financial loss; * Payment of any other fee or cost required by law including fees for AHSS, evaluation and treatment; * Other conditions the Court may establish Mandatory License Suspension for ARD may apply as follows: * No suspension if BAC is under .10%; * 30-day suspension if BAC is between .10% and .159%; * 60-day suspension if BAC is .16% or greater, BAC is unknown, the DUI involves drugs, or it involves an Implied Consent Violation; * 90-day suspension if the operator is a minor. All DUI punishments include community service up to 150 hours and a Drug and Alcohol evaluation conducted by the Court Reporting Network (CRN). If the evaluation indicates a need for counseling, the Court then orders the recommended treatment. Pennsylvania Implied Consent Violation Any person who holds a license to operate a motor vehicle within Pennsylvania, and is in control of the movement of the motor vehicle, is deemed to have given implied consent to submit to a chemical test, so long as the requesting officer has probable cause to believe the individual was operating under the influence. If the driver refuses to submit to the blood alcohol test, then he/she will have his/her license revoked for 1 year. POTENTIAL DEFENSES TO DUI CHARGE Challenge the Validity of the Initial Traffic Stop In order to pull over a motor vehicle, a police must officer must have Òreasonable suspicionÓ to believe that a traffic infraction has occurred. In other words, the driver must be speeding, swerving, operating erratically, etc. in order for law enforcement to stop the car. The police report must set out the circumstances that caused your car to be stopped. Challenge Operation of the Car In every Pennsylvania DUI case, the prosecutor must prove that the driver was actually ÒoperatingÓ the motor vehicle. The element of ÒoperationÓ requires the following Ð evidence of actual, physical control of either the machinery of the motor vehicle or the management of the vehicleÕs movement; it does not require evidence that the vehicle was in motion. A valid argument may exist if your car was already stopped when the police arrived. In other words, it may be difficult for the prosecutor to prove that you were actually driving the car if there are no witnesses (such as a police officer) that can testify to such. The District AttorneyÕs Office must still prove that you were ÒoperatingÓ or in Òactual physical controlÓ of your motor vehicle beyond a reasonable doubt. Challenge Police Procedures At a certain point during the arrest, the police must inform you of your Miranda rights. This means that the police must tell you of your right to remain silent, etc. An officerÕs failure to issue such rights usually wonÕt get a case dismissed; it may, however, keep the prosecutors from using certain admissions or other incriminating statements that you made during the arrest. Additionally, if the officer failed to advise you of your rights and consequences of refusing a breath or chemical test, the results may be excluded as the proper procedures were not followed. Challenge Prosecutor Procedures Prosecutors must also follow certain procedures. If the prosecutor in your case has failed to provide your attorney with the evidence that he/she intends to use at trial in a timely manner, then that particular evidence may be excluded. In addition, the prosecutor may not introduce evidence at trial of which you and your attorney were not aware. You have a right to inspect/view every piece of evidence that the prosecutor anticipates using. If he/she attempts to introduce such evidence a mistrial may be declared. If such an event occurs, then the case may be tried again. Challenge the Breath Test Results Many people think that if they failed the breath test, then their case canÕt be won. That is untrue. There are ways to challenge the breath-test machines, which are inherently flawed. The devices that measure an individualÕs blood alcohol content (BAC) are just as imperfect as the electronic devices that we use everyday, such as, computers, cell phones, and TV remotes. Just like those machines, breath-test instruments are not 100% reliable. These machines oftentimes issue incorrect results based on radio frequency interference, a personÕs diet, medical conditions (acid reflux), etc. Additionally, an argument can be made about the test if it occurred during the Òabsorption phaseÓ. If your BAC is measured shortly after your last drink, while your body is still absorbing alcohol, the results may be inaccurate. Challenge the Field Sobriety Tests When we beat DUI charges, it is often because we are able to aggressively challenges the field sobriety tests, which are inherently flawed. If you failed the field sobriety tests, even if you think you didnÕt, there may be various reasons why the police thought you did; many of which are unrelated to being drunk. * The police officer wants you to fail. Your performance of the Field Sobriety tests are interpreted and judged subjectively by police officer. Naturally, most people fail the field sobriety tests. * You have injuries or medical problems with your back, knees, legs or feet; thus, you may not be able to perform the walk-and-turn test, or the one-leg stand test. * You are overweight or elderly; therefore you are not considered a good candidate for agility tests. * You were wearing high heels, large boots, or other inappropriate footwear. Field Sobriety tests are inherently flawed. This is the area where youÕre most likely to have success in challenging your DUI. The experts at the National Highway Traffic Safety Administration (NHSTA) have concluded that three tests, if conducted properly, can predict whether a person may be under the influence of drugs or alcohol. These tests include: the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test. Police officers are trained to administer the field sobriety tests. The training manual of each police department illustrates the correct way in which to conduct the tests. Oftentimes, police officers do not follow the procedures properly.I will cross-examine the police officers, by using the officersÕ training manual, in an attempt to expose the errors the officer made while administering the tests. Challenge the Officers Observations Officers routinely testify that defendants smelled of alcohol, fumbled with their license and registration, and/or appeared unsteady on their feet. These observations are subjective. They come from an officer who does not know you and who may have already formed an opinion. In most cases, the observing officer will not know anything about how you walk, talk, and act. In some cases there may be witnesses who can offer unbiased opinions on your behavior. Also, videotape evidence taken from the cruiser, or at the police station, may be available. In many cases, this evidence is helpful.
2. Cacciatori, Keith: A DUI/DWI Arrest May Mean No More Driving Privileges A DUI/DWI arrest is a scary situation for anyone, whether a first-time offender or a repeat offender Ñ and for good reason. Loss of driving privileges is a severe punishment for most people in today's society. A great majority of people use their cars to get to work, go to doctors' appointments, visit family members and pursue recreational activities. A DUI/DWI Conviction May Mean a Criminal Record Besides losing your driver's license, you may acquire a criminal record that could follow you the rest of your life if you are convicted of DUI/DWI. It is well worth your while to make your best effort to resolve your DUI/DWI as quickly and as successfully as possible.
3. Daly, Joshua: Legal Services - Family Law, DUI, Real Estate
4. Carmen Marinelli: DUI is shorthand for Driving Under the Influence. A person is guilty of DUI if he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state.