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Erie DWI Lawyers

1. Taylor & Taylor: * First offense DUI * Closely followed second DUI, which may be able to be heard at the same time as a first offense * Repeat DUI * Underage DUI * Field sobriety test problems * Vehicular assault or homicide charges related to drunk driving accidents * Underage drinking and driving * DUI cases for those with commercial driver's licenses (CDLs) * Boating under the influence (BUI) * Road blocks and DUI arrest * Suspended license
2. Ambrose Law Office: criminal and civil
3. Rohde & Jennings: Despite the efforts of law enforcement and an increase in public awareness about the dangers of drinking and then driving Ñ people still decide to drive after they've been drinking. In Pennsylvania, the story is no different. In fact, Pennsylvania state police charged a record number of people (more than 16,000 total) with driving under the influence of alcohol or drugs in 2008. Some of those people made a second mistake. They waited too long to contact an experienced DUI defense attorney after their arrest or they didn't hire legal counsel at all. Don't make that mistake yourself.
4. Hopkins, Damon: Consequences for drunk driving, also known as DWI and DUI are serious. If convicted, you could be confronted with incarceration, license suspension, inability to be insured, fines, and court costs. Whether you are dealing with your first offense, an underage DUI or worse, quickly contacting an experienced attorney will guarantee your rights are protected. Consequences for DUI and DWI In Pennsylvania, choosing to drive after having just a couple of drinks can result in a drunk driving charge. You made a bad decision putting yourself and others at risk which now may have grave consequences including: * Jail or prison time * Electronic monitoring * License suspension * Insurance increases or non-insurability * Court costs and fines * Driving school requirements Just because you made a bad mistake doesn't mean it has to ruin your life. Damon C. Hopkins is a fighter and a fixer with a track record of success. He will fight for your rights, seeking the best possible options available in your case. He will work with you to reduce the impact your mistake will have on your life and the lives of those around you.
5. DeJohn, Micheal: You absolutely need an attorney if you have been charged with a DUI. You can go to jail, be assessed huge fines, and lose your license. Do not make the mistake of going into court alone! There are deadlines for discovery and suppression that must be met! A skilled DUI attorney, with knowledge of the current Pennsylvania caselaw, is essential! You should never plea out a case, or take the Commonwealth's first plea offer, without first speaking to a competent DUI lawyer. CALL IMMEDIATELY if you or a loved one has been charged with a DUI. Even seemingly minor traffic offenses can have disastrous consequences with mandatory minimum jail sentences (90 days, 6 months, 2 years), mandatory fines of $1,000 or more, and the potential loss of your driver's license. Call for a free consultation of your case.
6. Johnson, Wayne: Have you been arrested for a DUI? Are you concerned about your driving privileges? Chances are your life is already changing. You may be asking: * Will I lose my license? * Do I face jail time? * How much will this cost me? * Will my insurance drop you? * Is my CDL gone? You deserve an experienced attorney to ensure your rights are represented. These are difficult questions that require knowledge, skill and personal attention.
7. Vendetti & Vendetti: Driving Under the Influence ÒDUIÓ If you have been charged with the crime of Driving Under the Influence (DUI) in Pennsylvania, you should take the matter very seriously. A DUI conviction can result in the loss of your freedom, your license, your savings, and even your job. Our lawyers have handled numerous clients who have been charged with DUI, and we are knowledgeable on how to navigate the sometimes confusing judicial system. In February 2004 the Pennsylvania Legislature amended the DUI statute and increased the possible penalties and license suspensions associated with DUI offenses. The Legislature also categorized a DUI into three tiers which is based upon your blood alcohol content or BAC. The possible penalties for a DUI increase as your blood alcohol level increases. Further, the penalties for each tier increase if this is your 2nd or 3rd (and subsequent) offense within the last 10 years. As you can see below, many of the DUI offenses require a mandatory jail sentence. If you are charged with an offense that carries a mandatory jail sentence, please contact our office to discuss the possibility of serving your jail sentence on the Home Electronic Monitor, or its more common name House Arrest. 1st DUI Offense*** Statute Description BAC Range of Sentences 3802(a) General Impairment .08 to .099 6 months probation 3802(b) High Rate of Alcohol .10 to .159 48 hours to 6 months jail 3802(c) Highest Rate of Alcohol .16 and higher 72 hours to 6 months jail 2nd DUI Offense Statute Description BAC Range of Sentences 3802(a) General Impairment .08 to .099 5 days to 6 months jail 3802(b) High Rate of Alcohol .10 to .159 30 days to 6 months jail 3802(c) Highest Rate of Alcohol .16 and higher 90 days to 5 years jail 3rd and Subsequent DUI Offense Statute Description BAC Range of Sentences 3802(a) General Impairment .08 to .099 10 days to 2 years 3802(b) High Rate of Alcohol .10 to .159 90 days to 5 years jail 3802(c) Highest Rate of Alcohol .16 and higher 1 year to 5 years jail *** If you are charged with a first offense DUI and have no prior criminal record, it is likely that you may be eligible for the Accelerated Rehabilitative Disposition Program, or ÒARDÓ Program. ARD allows first-time offenders the opportunity to serve a period of probation instead of the required mandatory minimum jail sentence. Upon successful completion of the terms and conditions of the probation, the offender may then motion the Court to have the offense expunged from his or her record. Other benefits of ARD include significant reduction in license suspensions and a waiver of the mandatory fines associated with the DUI charge (mandatory fines are waived only for DUI charges, and criminal defendants will still be responsible to pay for court costs associated with their offenses).
8. Timothy George:

   1. What is DUI?

   DUI is short for Driving Under the Influence. A person is guilty of DUI if he or she drives or physically controls a motor vehicle while under the influence of alcoholic beverage, chemical, or controlled substance. A person is “under the influence” if his or her mental faculties are impaired or his or her blood alcohol level (BAC) is above the legal limit for the state (in Pennsylvania, the legal limit is .08%).

   2. Does the car have to be moving for me to be guilty of DUI?

   No. You can be convicted for DUI by driving while over the legal BAC limit or while impaired even if you’re not actually driving the car. The key is whether you had the capability and power to dominate, direct, or regulate the vehicle. It doesn’t matter whether you were actually exercising that power at the time. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI because you are in actual physical control of the car. There are, however, exceptions to this general rule which must be considered before you decide to seek ARD or plead guilty.

   3. What do police officers look for when searching for drunk drivers on the highways?

   Most DUI arrests occur at night and on weekends. The following is a list of indicators that someone might be DUI at night. The list is based upon research conducted by the National Highway Traffic Administration (NHTSA):

   1. Turning with a wide radius
   2. Straddling the center of lane marker
   3. Almost striking an object or vehicle
   4. Weaving
   5. Driving on other than designated highway
   6. Swerving
   7. Going more than 10 mph below the speed limit
   8. Stopping for no reason in a traffic lane
   9. Following too closely
   10. Drifting
   11. Running tires on the center or lane marker
   12. Braking erratically
   13. Driving into opposing or crossing traffic
   14. Signaling in a way that doesn’t match driving actions (for example, signaling left and then turning right)
   15. Slow response to traffic signals
   16. Stopping inappropriately (other than in lane)
   17. Turning abruptly or illegally
   18. Accelerating or decelerating rapidly
   19. Driving with the headlights off

   4. If the police officer asks me if I have been drinking, what should I say?

   If the officer asks whether you have you been drinking, your answer will be a significant factor in the officer’s decision whether to arrest you. Since the question is accusatory in nature you should politely decline to answer. One good response: “I would like to speak with a lawyer before I answer any questions.”

   Please remember that the officer does have a right to ask certain routine questions. For example, you should give the officer your name, address, date of birth, etc. if asked. When the officer inquires into drinking, however, politely ask for a lawyer. The officer will then probably say you do not have a right to a lawyer and ask you to answer the question. At this point, your best course of action would be to respectfully and politely decline to answer.

   5. Do I have the constitutional right to speak to a lawyer before I have to take a field sobriety test?

   No. In Pennsylvania, your right to a lawyer or to advice of counsel does not “attach” – come into being – until you are formally arrested or placed in “custody.” Still, if at any time during the officer’s stop, you believe you need a lawyer, it is always good policy to ask for one. Please remember to be polite and courteous at all times. You must refrain from any rude, disrespectful or “know it all” behavior.

   6. Should I refuse to submit to the field sobriety tests?

   You are not legally required to take a field sobriety test in Pennsylvania, and you can respectfully and politely decline to take it. However, you are required to take chemical tests to determine your blood alcohol content (“BAC”). If you refuse to take a chemical test, there are serious consequences, such as the loss of your driver’s license for a year. Remember, always be polite and courteous to the officer.

   7. What is the officer looking for during the initial detention at the scene?

   Police officers are trained to note the following “symptoms of intoxication” on their report:

   1. Flushed face
   2. Red, watery, glassy and/or bloodshot eyes
   3. Odor of alcohol on the breath
   4. Slurred speech
   5. Fumbling when getting the driver’s license
   6. Failure to comprehend the officer’s questions
   7. Staggering when exiting the vehicle
   8. Swaying/instability
   9. Leaning on the car for support
   10. Combative, argumentative, jovial or another “inappropriate” attitude
   11. Soiled, rumpled, or disorderly clothing
   12. Stumbling while walking
   13. Disorientation as to time and place
   14. Inability to follow directions or to “divide attention.”

   8. What happens if I do not submit to a breath, blood, or urine test?

   By accepting the privilege of getting a driver’s license, the courts have determined that you have given your “implied consent” to submit to a chemical or physical test of your breath. Therefore, as a general rule, refusing such tests is not a good idea.

   In Pennsylvania, PennDOT will suspend your driver’s license for one year should you refuse to submit to a chemical test. In addition, your refusal to submit to a test upon the request of a law-enforcement officer can be used at trial as evidence of your consciousness of guilt.

   9. Potential defenses to allegation of DUI.

   There are many potential defenses in a DUI case, because of the complexity of the offense. They fall into following categories:

   Were you driving? If you were neither driving nor in “actual physical control” of the vehicle, there cannot be a DUI.

   Was there probable cause? If the officer did not have legal cause to stop, detain or arrest you, then any allegations of intoxication must be suppressed or otherwise rejected by the Court. However, sobriety roadblocks may be legal since the topic is complex.

   Did you receive your Miranda warnings? If you weren’t read your rights at the appropriate time and under the appropriate circumstances, and if you said something incriminating, your statement might not be admissible in court.

   Were you under the influence? Were you really under the influence? The observations made by the police, and their subsequent opinions about whether you were under the influence, can be called into question. The circumstances under which the field sobriety tests were administered also can cast doubt on the results of those tests.

   Was the blood-alcohol testing done correctly?. There are a lot of potential challenges to blood, breath and urine testing. For example, there are strict rules governing the way breath, blood or urine is collected and tested (and by whom).

   Were you tested during the absorption phase? If you are still actively absorbing alcohol – in other words, if you had your last drink within three hours of the arrest – the blood, breath or urine test will be unreliable if done while you are still actively absorbing alcohol. Absorption can be delayed even longer if food is present in the stomach.

   Is the retrograde extrapolation legitimate? If testing takes place some time after you were actually in control of the motor vehicle, the police will have to determine how drunk you were earlier. To do this, the test results are subject to a process called “retrograde extrapolation.” A number of complex physiological problems are involved here, any of which might be used to challenge the conclusions reached by the police.

   Was the testing machine working? The prosecution must prove that the testing complied with Pennsylvania’s requirements as to proper calibration and maintenance of the machines. Further, breathalyzers are machines and, as such, are fallible. Have you ever put correct change into a vending machine and still not received your soda? Sometimes machines just do not work correctly.

   10. What happens after I am charged with DUI?

   Preliminary Hearing.

   This is absolutely the most crucial hearing in your case. The preliminary hearing is not a trial. The principal function of a preliminary hearing is to protect your right against an unlawful arrest and detention. At this hearing the Commonwealth must make at least a prima facie case – that is, at least a minimal showing – that a particular crime was committed and that you are probably the one who committed it. At this stage, the Commonwealth doesn’t have to prove your guilt beyond a reasonable doubt. In order to meet its burden the Commonwealth must present some evidence regarding each of the material elements of the crime charged If the government can’t meet this burden, your case will be dismissed.

   Suppression Hearing.

   Assuming your case isn’t dismissed, your attorney may file pretrial motions, resulting in hearings that you may or may not have to attend. Some of these motions may argue that using certain evidence against you would violate your constitutional rights. A ruling in your favor can result in evidence being excluded from your trial, which may reduce the prosecution’s odds of winning. For example, the results of blood, breath, or field sobriety tests might be excluded, or perhaps the prosecution won’t be allowed to use a statement that you made.

   The pretrial motion stage occurs anywhere from six weeks to three months after the preliminary hearing.

   Trial.

   Pennsylvania does not allow for jury trials on “ungraded misdemeanors.” All first, and nearly all second, DUI offenses are ungraded misdemeanors. Therefore, if your DUI is an ungraded misdemeanor, the judge, rather than a jury, will hear the evidence.
   If you are arrested on a second-offense DUI with an alleged BAC of .16% or higher (or if you refuse testing), or a third-offense DUI, you will have the right to a jury trial. When determining whether you have prior offenses, the court will look back ten years.

   During the trial, each side will have the opportunity to present its evidence and to challenge evidence presented by the other side. Under the fifth amendment to the U.S. Constitution, you will not be required to testify yourself. You do have the right to testify if you want to, but in most cases it’s better not to.

   Sentencing.

   If you are convicted at trial, or if you negotiate a plea agreement that is accepted and entered, the court will impose a sentence. A sentence for DUI may include jail time, in-home detention, public service, alcohol classes and/or fines. The maximum period of time for which a county can jail and/or supervise most offenders ranges from six months to five years. The length of sentence depends on previous convictions, any need for treatment, and the like

   All repeat offenders must have their cars equipped with an ignition-interlock restriction system for at least one year. A new offense is created for driving without a required ignition-interlock system when alcohol is present in driver’s system.

9. Stephen J. Lagner III: When faced with a situation which places your driving privileges in danger of being lost, you owe it to yourself to take every effort to protect your license.