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Chadds Ford DWI Lawyers

1. Antoine, Jason: DUI stands for Driving Under the Influence of Alcohol or Controlled Substances. In Pennsylvania you can be charged criminally for driving your vehicle while drinking alcohol, taking drugs or a combination of both. Reasonable Suspicion: The United States and Pennsylvania Constitutions protect you against unreasonable searches and seizures. Therefore, a police officer must have reasonable suspicion that you are committing a crime to stop your vehicle or ask you to submit to DUI testing. If the officer has no reasonable suspicion that you are driving under the influence or committing another crime, in theory, he or she must let you go. However, officers are trained to look for clues that you were driving under the influence. If you are pulled over, the following are typical clues officers look for and will use against you in court to justify their investigation: a swerving vehicle, crossing the fog line or center line, erratic driving, slow response to traffic signals, turning with a wide radius, odor of alcohol coming from the vehicle, empty beer bottles, fumbling with your wallet when trying to get license, flushed face, and glassy eyes, or slurred speech. Field Sobriety Tests: If a police officer suspects that you are driving under the influence he may ask you to step out of the vehicle to perform field sobriety tests. Field Sobriety Tests are the balancing tests we commonly see performed on the side of the road or on TV shows such as Cops. The standard tests performed are the walk and turn, the one-legged stand, the Horizontal-Nystagmus and the fingertip to nose. The purpose of these tests is for the officer to determine if you are intoxicated and whether he needs to give you a breath or blood test to determine your Blood Alcohol Content (BAC). Also, if you refuse the breath or blood test, the officer can still convict you using the results of the field sobriety tests. BAC Testing: A police officer may ask you to submit to a blood test or breath test to determine your BAC. Blood alcohol content testing measures the amount of alcohol in your body. In Pennsylvania, any BAC reading over a .08% is over the legal limit. Please remember, that you may refuse the BAC tests but you will lose your license for a year. Should I refuse to perform the tests? As a former DUI prosecutor this is the question I get asked the most. You must weigh the consequences of your refusal of the BAC test (one year license suspension) against the consequences of your likely DUI sentence. See the sentencing chart below for more guidance. However, the decision to refuse the BAC test is very case specific and can be a complicated decision. It depends upon the facts of your case. The following are some relevant questions to ask yourself: are you ARD eligible? how many DUIÕs have you had in the past ten years? what will be your sentence if convicted? are you actually over the legal limit? if you refuse the test can the police officer still prove the case against you? Was someone injured? If you do decide to refuse testing, make sure you refuse all tests including the field sobriety tests. If you have prior DUIÕs please call Jason R. Antoine, Criminal Lawyer at 610.299.0295 for guidance. ARD: ARD stands for Accelerative Rehabilitative Disposition Program. You may be eligible for this program if this is your first DUI within ten years. The program allows a defendant to have the charges brought against him dismissed after he completes the program. The program typically includes probation, a number of hours of community service, license suspension, and court costs and fines. Although you may be statutorily eligible (eligible by law), ultimate admission into the program is discretionary with your local District AttorneyÕs Office. Call Jason R. Antoine for further assistance. Eligibility for the ARD Program: You are NOT eligible for the ARD program per 75 Pa.C.S.A. ¤3807(a) if any of the following apply: you have been found guilty of DUI or placed on ARD for a DUI within ten years of the date of the current offense; an accident occurred in connection with this offense and another individual was killed or suffered serious bodily injury or there was a passenger under 14 years of age in the motor vehicle the defendant was operating. DUI Sentencing Provisions: DUI Sentencing Provisions- 75 P.a. C.S.A. ¤3804 1st 2nd 3rd 4th and subs. -.08 to .099 -Incapable of Safe Driving M No Mand. No Susp. $300 M 5 days 12 months $300 to $2500 M2 10 days 12 months $500 to $5000 Same as 3rd -.10 to .159 Crash/Injuries -Minors( >=.02) -CDL(>=.04) -and school bus(>=.02) M 48 hours 12 months $500 to $5000 M 30 days 12 months $750 to $5000 M1 90 days 18 months $1500 to $10,000 M1 1 year 18 months $1500 to $10,000 -.16 and higher -Controlled Substances -Refusals M 72 hours 12 months $1000 to $5000 M1 90 days 18 months $1500 Min. M1 1 year 18 month $2500 min. Same as 3rd For DUI table each block represents: Grading Mandatory Minimum Sentence Mandatory License Suspension Range of fines DUI ungraded Misdemeanors carry a 6 month maximum sentence. Mandatory maximum may apply Š see 75 Pa. C.S. ¤3804(d)