Harrisburg DWI Lawyers
- Cunningham & Chernicoff:
Criminal Defense
Defense of criminal charges involving fraud, white collar crime, DUI, traffic charges, and others.
- Turner & O'Connell:
Criminal Defense
Have you been accused of drunk driving (DUI/DWI) or any other criminal offense?
You can take immediate action to defend your rights.
- McCarthy Weisberg Cummings:
Drunk driving and traffic violations: Many people face criminal charges simply for making a poor decision.
- Laguna Reyes Maloney:
Perhaps you are driving on Route 83, Union Deposit Road in Dauphin County, or one of the other roads designated as DUI or DWI checkpoints by the tri-county DUI task force. You often drive these roads and have gained a familiarity with the local terrain. Maybe you are on your way home from work, having stopped off for a quick drink with friends, or are returning from a dinner party at which you drank a couple glasses of wine. You feel in control, but are nevertheless stopped by a police officer and are now faced with a DUI charge.
- Caldwell & Kearnes:
If you were arrested for a crime, it is important to know your rights and to have an experienced defense lawyer on your side who will fight to protect your rights.
- Maffett Law Offices:
Individuals charged with DUI face potential consequences of jail time, fines, license suspension and escalating insurance rates. In Pennsylvania, the severity of these punishments correlates directly with the blood alcohol level found in a person's system. That is why it is essential to have an experienced criminal defense attorney who understands variables of each individual case.
- Gover, Perry & Shore:
Pennsylvania does not want people to refuse a DUI test, and the law adds punishment to those who do refuse. If you have been arrested for DUI, whether you took the test or refused the test, talk to a lawyer who can guide you through the DUI process and help you resolve the charges.
- Mancke, Wagner & Spreha:
Casualty Insurance
General Civil and Criminal Practice Driving While Intoxicated
License Suspensions and Transportation Law Negligence
Motor Vehicle Violations
Municipal Law Domestic Relations
- Ross, Alan:
DUI/DAI PDF Print
Anyone accused of DUI / DWI, driving under the influence of drugs, or any other drinking and driving offense can trust the Law Office of Alan Michael Ross to achieve the best possible outcome in court. Because the consequences of a drunk driving arrest can be so severe, it's important not to entrust DUI / DWI defense to an amateur.
In Pennsylvania a person can face mandatory incarceration and a mandatory loss of license. The law provides several ways to avoid these harsh penalties. Many individuals are eligible for programs for first time offenders which remove the mandatory's and, if successfully completed, can result in a criminal record being expunged.
Both criminal and civil penalties for drunk driving can be harsh and often include:
¥ Loss or suspension of license
¥ Large fines
¥ Substance-abuse treatment
¥ Jail or prison time
¥ Community service
¥ Restitution
¥ Criminal record
¥ Restrictive probationary license programs, including ignition interlock devices and Cinderella licenses
In addition, the social stigma and effect on your career may have lifelong negative consequences.
Drunk-driving law is complex and the guidance of a skilled and knowledgeable lawyer can make a significant difference in a defendant's experience and in the outcome of his or her case. If you have been stopped for, arrested for, or charged with drunk driving, it is in your best interest to discuss your options and rights as soon as possible with an attorney who has experience handling drunk-driving cases...
Anyone accused of DUI / DWI, driving under the influence of drugs, or any other drinking and driving offense can trust the Law Office of Alan Michael Ross to achieve the best possible outcome in court. Because the consequences of a drunk driving arrest can be so severe, it's important not to entrust DUI / DWI defense to an amateur.
In Pennsylvania a person can face mandatory incarceration and a mandatory loss of license. The law provides several ways to avoid these harsh penalties. Many individuals are eligible for programs for first time offenders which remove the mandatory's and, if successfully completed, can result in a criminal record being expunged.
Both criminal and civil penalties for drunk driving can be harsh and often include:
¥ Loss or suspension of license
¥ Large fines
¥ Substance-abuse treatment
¥ Jail or prison time
¥ Community service
¥ Restitution
¥ Criminal record
¥ Restrictive probationary license programs, including ignition interlock devices and Cinderella licenses
In addition, the social stigma and effect on your career may have lifelong negative consequences.
Drunk-driving law is complex and the guidance of a skilled and knowledgeable lawyer can make a significant difference in a defendant's experience and in the outcome of his or her case. If you have been stopped for, arrested for, or charged with drunk driving, it is in your best interest to discuss your options and rights as soon as possible with an attorney who has experience handling drunk-driving cases, like the Law Office of Alan Michael Ross in Harrisburg, Pennsylvania.
Terminology and Elements of Drunk Driving:
The offense of drunk driving goes by a variety of names among the states, including:
¥ Driving under the influence (DUI)
¥ Driving while intoxicated (DWI)
¥ Operating under the influence (OUI)
¥ Operating while intoxicated (OWI)
¥ Driving under the influence of intoxicants (DUII)
¥ Driving while under the influence (DWUI)
In the language of the Pennyslvania Statutes, a drunk-driving conviction requires driving or operating a vehicle or motor vehicle. While that sounds straightforward, a review of drunk-driving cases shows otherwise.
Driving Requirement
The requirement of driving or operating implies that the driver must have some sort of control or command of the vehicle. Guilt or innocence may hang on whether the defendant was actually "driving" in a particular circumstance. What if he or she was just sitting behind the wheel of a car but the car was turned off? What if the defendant was sleeping there? What if the keys were in the defendant's pocket and not in the ignition? What if that car was out of gas and could not be started? What if it was idling? What if it was being towed? Courts nationwide have considered these various scenarios to determine whether the necessary control over the vehicle was present and the outcomes vary by state and by the individual circumstances.
Vehicle Requirement
Cars, trucks and vans are obviously considered to be vehicles for drunk-driving law purposes. However, people have been convicted of drunk driving while operating motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, bicycles and ATVs, although the types of vehicles contemplated differ by state.
Intoxication
One way prosecutors prove driver intoxication is through scientific testing of the amount of alcohol in the body, usually by analyzing the breath or blood. These tests are usually administered by machines, such as the Breathalyzer¨. In every state, a person with a blood-alcohol concentration (BAC) over .08 is considered legally intoxicated.
Implied-consent laws create the legal presumption that if a person takes advantage of the privilege of driving, he or she automatically consents to state-administered chemical testing to determine his or her BAC. If a driver refuses to take a chemical-alcohol test, his or her driver's license may be revoked or suspended.
BAC test results over the legal limit are usually presumed to be proof of intoxication. However, defendants may challenge the conclusiveness of the results by showing irregularities in the test administration procedure or problems with the test equipment. For example, your lawyer may advise retesting of your breath sample tubes. He or she may be able to obtain exclusion of the original breath test results from the case or even dismissal of the case entirely.
Other types of evidence used by prosecuting attorneys to show intoxication include drivers' statements, witness and police observations of behavior and driving patterns and circumstantial evidence. An example of possibly relevant circumstantial evidence is that a defendant, before driving, spent the afternoon at a party where drinking games were played.
Police also gather important evidence of intoxication by administering standard field sobriety tests (FSTs) at the scenes of traffic stops. Common field sobriety tests include:
¥ Finger-to-nose test
¥ One-legged stand
¥ Walk-and-turn test
¥ Horizontal-gaze-nystagmus test
¥ Picking up coins
¥ Counting backwards
¥ Reciting the alphabet
¥ Throwing and/or catching a ball
Conclusion
Driving is the basis of the American lifestyle, permeating every activity we do. We rely on driving to get to work, to socialize, to run errands and to vacation. Licensed drivers transport children, people with disabilities and senior citizens to important appointments and activities. A drunk-driving conviction can bring a screeching halt to your life.
- Foreman, Foreman & Caraciolo:
DUI law is always changing. From new ways to challenge law enforcement's
field sobriety tests, to contesting the constitutionality of
Breathalyzer tests, to statutory changes for "driving while imbibing,"
... keep up with the latest developments in the DUI statutes and the
latest research and defense strategies in order to give our clients an
opportunity to successfully contest their charges. A Second Chance for
First-Time Offenders
Sometimes first-time DUI offenders can take advantage of a second chance
Ñ special programs, like Accelerated Rehabilitative Disposition (ARD),
to avoid having a conviction on their records.
License Suspension
Losing your driver's license after a DUI can have a serious impact on
your life, but many law firms do not address the administrative measures
necessary to save your driver's license.
Most people need their driver's license in order to earn a living, but
if you choose to drive after your license has been suspended, you could
face even harsher penalties and fines.
- Beinhaur & Curcillo:
In Pennsylvania, the penalties associated with a DWI/DUI arrest can vary based on what your blood alcohol level is and whether you are a first-time offender or a repeat offender. Our job starts with helping you understand the penalties you will face if you are convicted.
- McShane, Justin:
* Driving Under the Influence - Driving After Imbibing - the "new" DUI Law
o We specialize in challenging Breathalyzer or Blood BAC results, the Probable Cause for the Vehicle Stop, the Probable Cause to Arrest, the Standard Field Sobriety Test, Chain of Custody, O'Connell Warnings, DL-26 issues, Miranda Warnings, Roadblocks, License Suspension, and all aspects stemming from a DUI Stop.
* Alcohol Related Offenses
o Driving Under Suspension DUI Related
o Underage Drinking
o Homicide by Vehicle While DUI
o Aggravated Assault by Vehicle While DUI
o Corruption of Minors
o Misrepresentation of Age to Secure Alcohol
o Representing a Minor is of Age
o Inducement of Minors to Buy Liquor
* Traffic/Vehicle Violations
o Driving Under Suspension
o Reckless/Careless Driving
o Fleeing or Alluding Police
o Homicide by Vehicle
o Aggravated Assault by Vehicle
o Accident Involving Death or Personal Injury
o Accident to Unattended Vehicles
o Altered or Forged Title of Plates
o Prohibited Activities Related to Odometers
o Roadways Lane for Traffic
o Speeding
o Points on Licenses/License Suspension
+ Occupational Limited License
+ Probationary License
o Habitual Offenders
o All Other Vehicle Code Infractions
- Crisp, Jonathan:
Facing criminal prosecution can be an overwhelming and frightening experience. All too often persons charged with a crime give up important rights out of a sense of helplessness or simply because they do not understand the criminal justice system. It is imperative you understand what your rights are and act quickly to protect them because you risk losing key witnesses or other evidence and make the governmentÕs job that much easier. The sooner your attorney is involved in investigating the facts of your case and formulating your defense strategy, the better your defense will be at trial.
- MCSHANE LAW FIRM:
Just like you would not go to doctor who specializes in foot-related issues (podiatrist) for brain surgery, don't trust your liberty, your life and your driver's license to an attorney who takes any old case that walks in the door. You deserve not just a good attorney, but rather the very best qualified attorney to help you.
- Scaringi & Scaringi:
If you are reading this page, you may already need to speak to a lawyer. Getting arrested is a frightening experience, particularly if it is your first (and only!) brush with the Pennsylvania criminal justice system.
- J. Michael Sheldon:
Criminal conviction can result in severe punishment that can affect you for the rest of your life. However, if you have committed a minor offense, you may be eligible to enter into an Accelerated Rehabilitation Disposition (ARD) program that involves probation and rehabilitative treatment as an alternative to more severe punishments. Upon completion of the program, the charges against you will be dropped. You never plead guilty and you are never convicted.
- McShane & Hitchings:
examine and possibly challenge the probable cause for the vehicle stop,
to make sure that the Intoxilizer 5000 was properly maintained and used
and the results are properly admitted into evidence, to make sure no
4th Amendment violations occurred in the officer's or trooper's
securing of your blood sample, to make sure that PennDOT does not
suspend your license for too long and many, many other aspects
surrounding a Driving Under the Influence charge.
- Beinhauer & Curcillo:
The basic thrust of the drunk driving laws is that they are to prevent
operation of a powerful machine when a person is too intoxicated to
have adequate control of the machine. The intoxication element is
proven by one of two methods: (1) showing a certain level of blood
alcohol or illegal drugs, or (2) showing that the person was impaired.
The first method is the one most often used. It does not rely on
anyone's observations of the defendant's conduct, but rather on the
results of a blood or breath test. A common statutory scheme requires a
person suspected of being drunk or drugged while driving to give a
sample of his or her breath or blood for testing. This so-called
"implied consent" comes about because the statute provides for it
whenever a person gets a driver's license. Once the sample is given, it
is analyzed by a machine that measures the concentration of alcohol in
a person's blood. One common limit for blood-alcohol content is .10
percent, although in recent years there has been a push to lower that
limit to .08 percent. Any person who tests over the limit is legally
intoxicated. The only way to challenge the charge is to show that there
was some failure in the test procedure, such as a malfunctioning
machine, improper sampling, foreign substances in the mouth (in the
case of a breath test), or improper preservation of the evidence.
- Daniel Myshine:
The use of marijuana for medicinal purposes remains controversial, and
in most states, illegal.Marijuana use has been advocated as being
beneficial for the treatment of patients suffering from cancer, AIDS,
anorexia, epilepsy, arthritis, migraines, and glaucoma. Despitethe
claimedmedical benefits, the use and possession of marijuana forsuch
purposes has not yet become completelylegalon a state or federal level.
- McShane and Hitchings:
"Why would you want someone representing you who might have been against you in the past?"
- Goldberg, Katzman & Shipman:
USE OF DUI ARRESTS
IN ADMINISTRATIVE HEARING
- Killian &
Gephart:
First DUI offense: 48 hours in jail, 6 months standard license suspension if you
plead guilty; however, if you can get ARD (a program that is controlled by your
county D.A.), you don't do jail time and you lose your license for four months.
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