Media DWI Lawyers
- John E. Kusturiss, Jr.:
You could face fines, incarceration, probation, loss of license, and other consequences that can have a lasting impact on your life. Aside from these consequences, a criminal conviction can make it difficult to get a job and earn a living.
- >Michael DeFino:
A commonly asked question in D.U.I. cases is, "Why did I get pulled over?" A police officer may have pulled you over because of erratic driving, a traffic violation, observation of faulty equipment (i.e. burned out taillight, etc.) or the police officer has responded to an accident. If the officer has reason to suspect that you were driving while under the influence of alcohol or drugs (due to the odor of alcohol on your breath, slurred speech or other "impaired" behavior) you will be given the standard field sobriety test. If you fail the field sobriety test you could be arrested for D.U.I.
If you are arrested for D.U.I., you wll be asked to take a chemical test, involving blood, breath or urine, or a combination of these. If your chemical test reveal a blodd/alcohol concentration of .10 or higher (if you are 21 year or older) or .02 or higher (for those under the age of 21) you are legally intoxicated under Pennsylvania law. (.10 is soon to be lowered to .08.)
An accused drinking driver, like any other criminal Defendant, is entitled to a constitutionally protected fair trial, due process, equal protection and effectiveness of counsel.
- Dave Cherry:
- What happens if I refuse DUI chemical testing?
If a Pennsylvania vehicle operator is stopped for suspicion of DUI and refuses a chemical test, the operator may be surprised to hear that the Commonwealth can still charge them for DUI, will suspend their operator privileges for 1 year and offer the refusal into evidence at the DUI trial. Additionally, if convicted of the underlying DUI, the license suspension will run consecutive to the DUI license suspension.
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Why should I talk with an attorney if I am arrested? It is possible that the police may have violated your rights or committed some error that could result in the charges against you being reduced or even dismissed. Therefore, it is very important that you speak with a quality attorney as soon as possible after your arrest.
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Why should you even hire an attorney if I am arrested? Defending yourself in the criminal justice system will be a difficult challenge. Criminal defense is a complex field of law. The politics and the odds are stacked against you. The penalties for driving under the influence of alcohol and or drugs can be very severe. The penalties may include the following: a jail sentence; a substantial fine; attendance in alcohol abuse classes; suspension, revocation or restriction of your driver's license; and/or other penalties. Further, pleading guilty to a DUI may result in your insurance premiums skyrocketing over the next several years. Some legal commentators call drunk driving the guilty until proven innocent exception to the Constitution. Often the fines are not as financially draining as the rise in insurance costs.
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Can I be convicted of DUI if Iım not driving the vehicle? It is not necessary to be driving a vehicle to be considered "in actual physical control" for purposes of Pennsylvania's DUI Statute. Oftentimes intoxicated persons believe that it is legal and responsible to sleep-off an intoxication while inside a vehicle. Unfortunately, the same persons find themselves arrested for DUI because they were considered "in actual physical control" of the vehicle. These very same persons often are charged with DUI because they are proven to be in actual physical control of the vehicle while intoxicated.
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Can I be DUI even though I did not feel intoxicated when arrested? It is not necessary that the accused actually be intoxicated to be convicted of DUI. To the contrary, a person can be convicted DUI if his/her blood alcohol concentration exceeds .08% or if the police officer believes, in his/her opinion that the accused was not capable of safely operating the motor vehicle.
- Ferrara Law Offices:
Unfortunately, most persons arrested for DUI are unaware of their rights, the available diversionary options, available defenses to the charges, the methods of challenging the toxicology results, the methods of challenging the legality of the traffic stop and/or check point and, consequently, the entire arrest.
- Charles G. Nistico:
You should never assume you are guilty unless you
seek the advice of an attorney who is very familiar with
the DUI law
- Bonner & Associates
Under the law, you are not required to perform any field test or
blow into any device or submit to any test for which there is no
administrative penalty. That is to say, that you are not required
unless the officer places you under arrest for driving under the
influence and then advises you that he wishes to take blood,
breath or urine to determine your blood alcohol content, and that
in refusing any of the tests would result in suspension of your
driving privileges for a period of 1 year.
- Lawrence Diangelus:
We provide complete representation for this criminal charge, which will
result in fines, possible imprisonment and a one year suspension of your
operating privileges in Pennsylvania. If you are an out-of-state driver
convicted in Pennsylvania you will lose your operating privileges in your
home state too. Under certain conditions some of these penalties can be
avoided. You also need to be aware of your rights if an officer stops
your vehicle. Did he have authority to do so? If not, there is a
possibility that all of the evidence of intoxication can be excluded from your trial.
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