Brought to you by Colorado DUI Drunk Driving Defense

Greensburg DWI Lawyers

1. Quatrini Rafferty Galloway: In February, key changes to Pennsylvania 's DUI law went quietly into effect. The most publicized change in the new law was the lowering of the legal limit for blood alcohol level from .10% to .08%. A 200 pound male could exceed the new .08% limit by consuming four drinks in one hour. A female weighing 120 pounds now exceeds the limit by drinking 2 drinks in one hour. The lowering of the minimum blood alcohol limit is not expected to result in an increase in convictions. The Westmoreland County District Attorney's office has reported that the clear majority of first time DUI convictions exceeds a blood alcohol of .16%! The new DUI law also significantly changed the penalties imposed on offenders. There are now three classifications of offenders, based on their blood alcohol level: .08% to .09%, .10 to .15%, and .16% and above, with the penalties increasing as the blood alcohol level increases. At the lowest level, .08% to .09%, there is no mandatory jail sentence or license suspension for a first offender. At .16% and above, the law requires a minimum 72 hour imprisonment (it could be longer) and a 12 month license suspension. By the time a person has a third offense, even .08% mandates 10 days in jail and a 12 month license suspension, and in the event of a third offense at .16%, the punishment is one year in jail, $2,500 fine, 18 month license suspension, and a one year ignition interlock (a breathalyzer machine on your ignition) following the 18 month license suspension. Most of these changes are designed to Òup the anteÓ for DUI offenders, making the punishment more severe for multiple and highly intoxicated operators. The New DUI law can be confusing.
2. Kinney Law Offices: Any criminal charge is stressful.
3. Feigel, Kevin: Have you been charged with a DUI anywhere in the greater Pittsburgh area? Understanding what is needed to keep your license, what you can do to avoid having your insurance premiums increased, and how to work with the court in order to reduce the charges against you is crucial.
4. DeBernardo, et al: Q. WHAT SHOULD I DO IF I AM ARRESTED? A. If you are placed under arrest, you should cooperate with the arresting officer and go quietly with the police. If you attempt to escape or resist your arrest, this may be used at a later proceeding as evidence of guilt. You should not speak to the police or anyone other than an attorney about the crime with which you have been charged. What you say at the time of your arrest often times can mean the difference between being found guilty or not guilty of a crime. You should give the police only your name and your address, and you should immediately ask to speak to your attorney. Q. WHY SHOULD I REFRAIN FROM SPEAKING WITH THE POLICE? A. In many instances, the police may have enough evidence to obtain an arrest warrant, while at the same time, have insufficient evidence with which to obtain a conviction. If you make a statement to the police, it may give the prosecutor the extra evidence necessary to convict you. Additionally, in many instances, the police officers testimony at trial regarding what was said by you during questioning differs from your recollection. The police cannot use the fact that you refused to speak with them in the absence of an attorney as evidence of guilt. Q. WHY DO THE POLICE READ ME MY RIGHTS? A. The United States Constitution gives you the absolute right to remain silent. Anything that you say or provide to the police in the form of a written statement can be used against you at trial. You should always exercise your constitutional right to remain silent and you should not speak with the police about any alleged crime until you have been provided the opportunity to speak with an attorney. Q. IF I AM GUILTY OF WHAT IS ALLEGED, WHY SHOULD I HIRE AN ATTORNEY? WOULD IT BE CHEAPER TO JUST ADMIT GUILT AND ACCEPT PUNISHMENT? A. The Constitution requires that the prosecutor present evidence that proves your guilt beyond a reasonable doubt. There are many instances when a defendant has actually committed the alleged crime, but has, nonetheless, been found not guilty because the prosecution failed to meet its burden. If you desire to plead guilty, it should be done only after consulting with an attorney and having your options explained to you. Many times, plea bargains can be worked out with the prosecution which reduce the severity of the alleged crime and/or resulting punishment.
5. Robert Makoski: Many lawyers engage in a general practice of law, handling all types of cases...
6. Belden Law: In todayÕs zero-tolerance world, a DUI is a serious legal matter. Depending on your driving record and the specifics of your case, if convicted on a DUI charge you could face jail, expensive fines, community service, and the suspension or revocation of your driverÕs license. And, if you refused to take a breathalyzer or chemical test at the time of your arrest, your license could be suspended for a year.
7. Lou Demosky: Driving under the influence, ARD, Accelerated Rehabilitation Disposition, probable cause, illegal stops, illegal traffic stop, field sobriety tests, heel to toe test, horizontal gazeÊnastagmus test, finger to nose test, reverse alphabet test, portable breath test, breathalzer test, Miranda Warnings, O'Connell Warnings, Implied Consent, blood tests, breath tests, intoxilyzer tests, Intoxilyzer 5000, license suspension, probation, interlock system, incarceration, first offense, second offense, third offense, blood alcohol content, BAC, magistrate hearing, magisterial district judge proceeding, Warnings, Rights, and Waiver Form, Miranda Rights Waiver Form, plea bargains, arraignments, refusal, electronic monitoring, home elctronic monitoring unit, EMU, house arrest, bread and butter license, work only driving privileges, underage drinking, property damage, fines, alcohol highwayÊsafety school, license points, minors in vehicle at time of violation, chilld endangerment, and more.Ê
8. Kenneth Burkley: AÊDUI lawyerÊin Greensburg PA or elsewhere, needs to stay abreast of the law, and offer a vigorous defense, as well as assist the client in understanding the charges and potential consequences. In Pennsylvania, a drunk driving offense is now a DAI or Driving After Imbibing offense. To understand theÊpotential consequences of a DAI / DUI, any drunk driving lawyer involved in a DAI / DUI defense, should understand the intricacies of PennsylvaniaÕs three tiered system.ÊÊ For each of the three tiers, a different fine, treatment, driverÕs license suspension and jail sentence is handed out for a first offense, second offense and third or subsequent offenses. ¥ Tier One - .08 - .099 BAC ¥ Tier Two - .10 -Ê .159 BAC ¥ Tier Three - .160 and above BAC An individualÕs prior offenses, three-tier determination, and extenuating circumstances (was an auto accident involved in the arrest?), all contribute to the probability of incarceration or the possibility of acquittal. 1st time offenders are generally offered ARD or Accelerated Rehabilitive Disposition.Ê This avoids a DAI / DUI conviction. At the end of a probation period, the charges are dismissed and most often are expunged (erased). However, the DAI / DUI will remain on your driving record for 10 years.Ê AÊ DAI / DUI lawyer in Westmoreland County or Indiana County that is able to achieve an ARD for the defendant, will have the result of no jail time, and a shorter license suspension (30-60 days). DAI / DUI criminal defendants may not qualify for an ARD if someone under 14 was in the car during the offense, or if someone was injured in an accident. With two prior DAIÊ / DUI offenses in Westmoreland or Indiana county, even a skilled drunk driving attorney will be operating in a damage control mode, rather than an acquittal mode.Ê With two prior DAI /Ê DUI offense, and a Tier three arrest (.160 BAC or more) there is a mandatory jail sentence of twelve months, a license suspense for eighteen months, and an ignition interlock device for twelve months after release.Ê Keep in mind that it is not illegal to drink and drive. It is illegal to become intoxicated (above a certain BAC limit) and drive.Ê The following alcohol consumption chart provides a guideline as to how may drinks it takes for a man or a woman to become intoxicated.
9. >Kevin Feigel:

   What happens if I am convicted of drunk driving?

   Pennsylvania has initiated a three tier system for individuals convicted of drunk driving.

   In a hearing for a first offense, if your blood alcohol content (BAC) was .08 – .099, then you can be fined up to $300, receive up to 6 months probation, and be required to attend highway safety school if convicted of drunk driving.

   In a hearing, for a first offense, if your blood alcohol content (BAC) was .10 – .159, then your driver’s license can be suspended for up to 12 months (occupational limited license privileges may be possible after 60 days), you can be sentenced to prison for up to 6 months, you can be fined up to $5000, and be required to attend highway safety school if convicted of drunk driving.

   In a hearing, for a first offense, if your blood alcohol content (BAC) was .16 or higher, then your driver’s license can be suspended for up to 12 months (occupational limited license privileges may be possible after 60 days), you can be sentenced to prison for up to 6 months (minimum sentence for community service is higher), you can be fined up to $5000 (minimum fine is higher), and be required to attend highway safety school if convicted of drunk driving.

   In a hearing for a second or third offense, regardless of your BAC, there are much more stringent penalties and a mandatory one year interlock required.

   What can a DAI-DUI defense lawyer do for you?

   An experienced DAI-DUI defense lawyer can attempt to negotiate a plea. If that fails, then there are certain steps an experienced DAI-DUI defense lawyer can do to provide you with a meaningful defense and hold the prosecution to its burden. These steps taken by an experienced DAI-DUI defense lawyer include:

   1. Determining if the stop was legitimate
   2. Seeking suppression of any illegally obtained evidence
   3. Seeking suppression of any illegally obtained statements
   4. Determining the accuracy of any blood alcohol device used, including any machines and the accuracy of any data provided

   These are just some of the differences an experienced DAI-DUI defense lawyer can make in handling your DAI-DUI defense.

10. Kenneth Burkley:

    In Pennsylvania, a drunk driving offense is now a DAI or Driving After Imbibing offense. The consequences for a DAI / DUI conviction in Pennsylvania include the following:

    1. Driver’s License Suspension
    2. Driver’s License Revocation
    3. Jail Sentence Of 48 Hours To 5 Years
    4. Fines For $300 To $10,000
    5. Ignition Interlock Device
    6. House Arrest / House Monitoring
    7. Increase Of Insurance Rates
    8. Probation
    9. Treatment (Variety Of Types)

    An experienced DAI / DUI attorney knows that a drunk driving defense in Greensburg PA requires an intimate knowledge of the Pennsylvania’s >three tier system for DAI / DUI offenses.

    1. Tier One - .08 - .099 BAC
    2. Tier Two - .10 -  .159 BAC
    3. Tier Three - .160 and above BAC

    As the severity of the BAC (Blood Alcohol Content) increases, the mandatory incarceration time and fines will increase.  In addition, multiple offenses receive increasing consequences, with first time offenders having the most options available for reduced consequences.  1^st time offenders are generally offered ARD or Accelerated Rehabilitive Disposition.  This avoids a DAI / DUI conviction. At the end of a probation period, the charges are dismissed and most often are expunged (erased). However, the DAI / DUI will remain on your driving record for 10 years.  When a  DAI / DUI lawyer in Westmoreland County or Indiana County is able to achieve an ARD for the defendant, it will result in no jail time, and a shorter license suspension (30-60 days). DAI / DUI criminal defendants may not qualify for an ARD if someone under 14 was in the car during the offense, or if someone was injured in an accident.

    A Tier Two conviction will result in the loss of a driver’s license for 30 days. Depending on the conviction tier, and whether or not it is a multiple offense, an ignition interlock device may be installed, and / or house arrest mandated. An ignition interlock device is a device attached to your car or truck ,that prevents the vehicle’s operation until you blow into it and your breath registers as .02 or less.  Mechanisms are put in place that prevents another individual from blowing into the device to “trick” the ignition interlock. A DAI / DUI convicted person under house arrest will need to wear an ankle bracelet that restrict his or her presence to the home during all but certain hours – such as the time needed to go to work, and one or two hours of non-work time that is permitted to run errands.