Philadelphia DWI Lawyers
- Quinn, Brian:
Being stopped for drunk driving and subsequently arrested can have long-term effects on your personal and professional life.
- Sere, George:
The State's Burden of Proof
If this is your first offense, you are understandably frightened and perhaps ashamed. Whether or not you were drinking before you operated a motor vehicle in Pennsylvania, remember that the state has the burden of proof as to your level of intoxication. Prosecutors must demonstrate beyond a shadow of a doubt that your blood alcohol level was high enough to justify conviction for driving under the influence.
Improper Traffic Stop?
In some cases, Attorney Sere and his clients have fought law enforcement's allegations by showing that police stopped suspects without sufficient probable cause. Through motions to suppress evidence that was obtained in an unlawful matter, Mr. Sere has obtained dismissals in many cases.
First-Time Offenders
In other situations where a traffic stop was justified, Attorney Sere has helped protect first-time offenders from potential criminal records by negotiating alternative penalties. These include participation in an Accelerated Rehabilitative Disposition (ARD) program. By fulfilling the requirements of the ARD for an entire year, alleged DUI offenders avoid a criminal record.
Occupational Driver's License
Repeat offenses are more problematic, but these situations are not hopeless when highly motivated individuals join forces with an experienced DUI/DWI defense lawyer. Even in a tough state like Pennsylvania, there are options such as an occupational driver's license and a rehabilitation program which show prosecutors and judges that someone who was driving under the influence of alcohol is making a sincere effort to resolve chemical abuse problems and to prevent further infractions.
Prevent Jail Time and Damage to Your Career
Make no mistake - a DUI arrest is a serious matter. You could face jail time if you are convicted. Your job (such as being a truck driver) or professional license (such as your license to practice law) may be at risk.
- Neff, Mark:
Drunk Driving
Driving under the influence in Pennsylvania is a serious matter, as it is in every state, and carries minimum penalties, if convicted. The mandatory minimum is based on elements of the conviction, with increases in the mandatory minimum based on any previous conviction for DUI or comparable offense within the past ten years. Penalties can range from 6-months probation to up to one year in prison; along with other fines and penalties.
- Black and Older:
Challenging DUI Charges
Despite what many people might think, breathalyzers are not always accurate. Like any other machine, they must be regularly maintained and serviced. Our DUI defense attorneys request a copy of the police video of your arrest, police report, and maintenance records on the breathalyzer used in your arrest. Our breathalyzer experts can determine if the machine in question was improperly calibrated, if it has a history of maintenance problems, and whether the arresting office administered the test correctly.
While each case is different, the preliminary hearing provides an opportunity to introduce evidence calling into question the reliability of breathalyzer results and police conduct.
- Greg Prosmushkin:
In Pennsylvania, getting stopped for driving under the influence (DUI) or driving after imbibing (DAI) is a serious matter.
- Sitoski & Associates:
The stakes are high in criminal trials - mistakes can cost you.
From fines to prison sentences, or the mere existence of a criminal record, the consequences of a misstep resulting in a criminal conviction are serious and can affect you for the rest of your life.
- Gembala, Joseph:
In Pennsylvania, the severity of a DUI or DWI arrest can vary a great deal according to such factors as whether the charge is a first or repeat offense, the driver's blood alcohol level, whether the driver was involved in an accident, whether the driver refused a breath test, and whether the driver is an adult or a minor.
The penalties for most drunk driving charges in Pennsylvania are sensitive to the facts of the given case, which gives defense counsel an opportunity to negotiate with the district attorney, especially on first-time offenses. We make every effort in appropriate cases to refer our clients to Accelerated Rehabilitative Disposition (ARD) as an alternative to formal prosecution, which can ultimately result in the dismissal of the charges and expungement of the record of the arrest.
Repeat offenses for DUI in Pennsylvania call for mandatory jail time, and the lookback period for prior convictions was recently extended from seven years to ten years. An effective defense to DUI might well depend upon our ability to challenge the evidence or the circumstances of the arrest on constitutional grounds. If a blood-alcohol reading can be suppressed on the basis of technical defects or insufficient probable cause for stopping your car, then the case against you will probably be dismissed for lack of admissible evidence.
- Shuttleworth Law:
Coming into contact with the Criminal Justice System can be an intimidating experience for anyone. Having an attorney experience in defending against summary, misdemeanor and felony charges can make the world of difference when your life and liberty are at stake. The government has hundreds of attorneys prosecuting criminal charges, so most individuals would want their own private attorney go into court for them, regardless of the charges.
If you have been charged with a crime, you have the right to have an attorney provide a vigorous defense throughout the criminal proceedings.
- Perry de Marco:
Unfortunately many people are deprived of their liberty and valuable property rights because they donÕt have proper representation.
- Pierre LaTour:
Pennsylvania changed its DUI law in 2004 and increased the penalties, especially for second and subsequent offenders. If you were arrested with a BAC (blood alcohol content) of .10 to .159, you are looking at mandatory minimum jail time of 48 hours for a first offense or 72 hours if you refuse the breath test. If this is your second offense, you will be sentenced to a minimum of 60 days in jail. Whether this is your first or second offense, you also face a 12-month suspension of your driver's license and up to $5,000 in fines.
A DUI / DWI conviction can have a devastating effect on your life. That's why I offer a free initial consultation to explain your options in simple, easy-to-understand language.
There are many ways to defend a DUI charge:
¥ The stop can be challenged. In Philadelphia, people are get pulled over for a variety of reasons, some of them legitimate, some of them not. If police made an illegal stop in your case, the DWI charge may be dismissed.
¥ If you made any statements to police at the time of your arrest, I can seek to suppress those statements. One of the first questions the police ask people after pulling them over on suspicion of drunk driving is "Have you been drinking?" You don't have to answer this question. However, most people make the mistake of answering, "One or two drinks." While that answer doesn't prove anything, it's always good evidence for the prosecution when you have admitted you were drinking.
¥ Breathalyzer evidence can be challenged in court. A DUI attorney can check the calibration of the breathalyzer machine as well as the timing of when you were given the test to determine if the results are accurate.
There are two parts to any DUI / DWI charge. The State has to prove not only that you were drunk, but also that you were drunk to the extent that it prevented you from safely operating a motor vehicle. Just because you blew a certain BAC on a breathalyzer machine doesn't mean you were incapable of driving. The State will try to introduce evidence from the field sobriety test to show that you could not safely operate a motor vehicle. However, the field sobriety test is a joke. Most field sobriety tests are so difficult that no one could pass them stone cold sober. I have defended clients who were asked to recite the alphabet backwards, starting from the letter M.
The reality is that a police officer's job is to arrest people. However, just because you were arrested doesn't mean the State can prove their case.
- Mark Hauser:
At all stages of the criminal process, including arrest, police officers
must protect citizens' constitutional rights, such as the right to
remain silent and the right to be free from unreasonable searches. If
these rights are violated, a court may later deem the arrest unlawful,
and certain evidence may be thrown out of the case. Click here to learn
more about a defendant's legal rights at the arrest stage. While a
criminal suspect may question the lawfulness of an arrest when it is
happening, including the basis for the arrest and the actions of the
police officers, that battle is better fought in court than on the
street.
DUI - Arrest
After a traffic stop and any field sobriety tests, the first stage of the criminal process in a DUI case begins when a police officer places the suspect under arrest. An "arrest" occurs when a person has been taken into police custody and is no longer free to leave or move about. The use of physical restraint or handcuffs is not necessary. An arrest can be complete when a police officer simply tells a crime suspect that he or she is "under arrest", and the suspect submits without the officer's use of any physical force. The key to an arrest is the exercise of police authority over a person, and that person's voluntary or involuntary submission.
A police officer may usually arrest a person in the following circumstances:
The Police Officer Personally Observed a Crime
If a police officer personally sees a person commit a crime, the officer may lawfully arrest that person. For example:
A police officer pulls over a vehicle that is being driven erratically, and after administering a Breathalyzer test, sees that the driver's alcohol intoxication level is more than twice the state's legal limit for safe operation of a vehicle. The police officer can legally arrest the driver for DUI.
The Police Officer Has "Probable Cause" To Arrest
When a police officer has a reasonable belief, based on facts and circumstances, that a person has committed (or is about to commit) a crime, the officer may arrest that person. This belief, known as "Probable Cause", may legally justify a DUI arrest in certain situations where strong indications of DUI are present, but administration of a chemical test is refused or is otherwise not possible. For example:
A police officer pulls over a vehicle that is being driven erratically. The officer notices empty beer bottles in the back seat and the strong odor of alcohol on the driver's breath. Though the driver refuses to submit to a Breathalyzer test, the officer may lawfully arrest him or her based on a probable cause belief that a DUI has been committed.
An Arrest Warrant Has Been Issued
When a police officer has obtained a valid warrant to arrest a person, the arrest is lawful. An arrest warrant is a legal document issued by a judge or magistrate, usually after a police officer has submitted a sworn statement that sets out the basis for the arrest. When issued, an arrest warrant typically:
* Identifies the crime(s) committed;
* Identifies the individual suspected of committing the crime;
* Specifies the location(s) where the individual may be found; and
* Gives a police officer permission to arrest the person(s) identified in the warrant.
Challenging An Unlawful Arrest
At all stages of the criminal process, including arrest, police officers must protect citizens' constitutional rights, such as the right to remain silent and the right to be free from unreasonable searches. If these rights are violated, a court may later deem the arrest unlawful, and certain evidence may be thrown out of the case. Click here to learn more about a defendant's legal rights at the arrest stage.
While a criminal suspect may question the lawfulness of an arrest when it is happening, including the basis for the arrest and the actions of the police officers, that battle is better fought in court than on the street.
- Henry Law Firm:
DUI and DWI are both names for the crime of operating a vehicle while impaired. Alcohol is the most common source of impairment though other substances can be the basis for a DUI charge. We assist clients in challenging breathalyzer tests, challenging blood tests, verifying the certification of the police officers who administered those tests, as well as challenging the initial probable cause for the stop.
- Joseph Mitchel:
Q. Are You Arrested? A. First, it is often important for a citizen
accused of committing an alleged crime to determine whether or not he
or she is under arrest. The easiest way to do this is to ask the police
officer the question "Am I under arrest?" Use some judgment here, and
ask the question politely. The police officer may answer, "You weren't
until now," but it is better to know whether you are under arrest than
it is not to know. Unless you find out whether you are under arrest,
you cannot determine whether you can come and go as you please, or
whether you have to abide by the instructions of the police officer.
Determining whether you are under arrest is also important in
determining whether you have the right to remain silent following such
arrest. Q. Right To Remain Silent A. The second thing that is important
to remember when you are arrested is to keep quiet. Not only is it a
good idea, it is your constitutional right. The Fifth Amendment to the
United States Constitution provides that "no person shall be compelled
in a criminal case to be a witness against himself." You can't be a
witness against yourself if you keep your mouth shut. If you have
already been arrested, it is not the time to explain yourself or your
actions, or to plead your case. Save anything you want to say for your
lawyer, or for the courtroom. Often, talking to the police officer
after you have been arrested will only make matters worse for you. The
government's job of proving that you committed an alleged crime will
usually be much easier if you have made certain statements -- however
innocent -- regarding your actions to Officer Friendly. Rather than
testify against yourself and making the government's case easier, it is
better to remain silent. If the police officer continues to ask you
questions related to the crime for which you were arrested, politely
tell the police officer that you would be happy to answer any questions
the police officer might have after you have had the opportunity to
talk to your lawyer.
- Gay, Chacker & Mittin:
If you have been arrested or accused of a crime, it is crucial to have
an experienced and skilled attorney who is ready to negotiate a deal or
try your case, if necessary.
- Hark & Hark:
Whatever it is called, drunk driving has severe consequences - even for
a first-time offender. Your driving privileges can be suspended or
revoked, your freedom can be in question, fines and insurance rates can
be substantial, and your livelihood can be in jeopardy. In
Pennsylvania, your eligibility for ARD or pre-trial probation is
determined immediately upon your arrest and at your initial court
appearance. Having an attorney to advocate for your rights at that
first appearance is crucial to legal representation for DUI.
- Douglas Earl:
Have you been arrested for DUI?
Did you blow a .08?
- Stern, Douglas: In all
drunk driving cases, the prosecution must prove that the defendant's
blood alcohol concentration at the time of the offense was at or above
a statutory limit. In many states, the limit is .10 percent, but in
others it is .08, and there is a national movement afoot to make that
the limit in all states. In order to prove the requisite level of
alcohol in the blood of someone arrested for drunk driving, it is
necessary to obtain a suitable sample of the arrestee's blood, urine,
or hair at the time of arrest. The use of a breath test is by far the
most popular scientific method for establishing that drunk driving has
occurred. Some defendants, however, have been able to successfully
challenge the results of such tests in court, thereby preventing a
conviction. An attorney experienced in drunk driving defense law is in
the best position to advise a client on whether the "Breathalyzer" test
results may be subject to challenge in his or her particular case.
- Ronald Pressley: Driving Under the Influence of Drugs or
Alcohol (DUI) and Driving While Intoxicated (DWI) cases are extremely
fact sensitive. What was your blood alcohol content (BAC) tested as,
and was the testing equipment properly calibrated? Why were you stopped
in the first place? If there was not a good cause for the stop, the
search (breathalyzer test) could be suppressed under your
constitutional rights. Where, how much and when did you drink?
- David Averett:
If you've been charged with a crime, its important to get legal advice
from an experienced criminal defense lawyer. There is a lot at stake
including your money, your reputation, your freedom, even your future.
If you are charged with certain crimes, you could be prevented from
applying for certain jobs and be tagged forever by having an arrest
record. If you are charged with drunk driving or multiple traffic
citations, your insurance rates could rise exorbitantly high.
DUI penalties have been toughened in Pennsylvania. As a result, most
people who are convicted of drunk driving have to do jail time: from 48
to 72 hours for the first offence, up to 30 days for a second offense,
and up to 90 days for a third offence, depending on blood alcohol
level.
If you are charged with DUI or DWI in Pennsylvania, you also face an
administrative suspension of your license by the Department of Motor
Vehicle (DMV). If you do not request a DMV hearing within 10 days of
your arrest, your license will automatically be suspended for one year.
Pennsylvania offers a program for first time offenders called ARD
(Accelerated Rehabilitation Disposition). If you are offered this
program by the District Attorney, you can get a 30- to 90-day
suspension of your drivers license, rather that a one-year suspension.
After one year, you also can receive an expungement, which erases the
record of your DWI arrest.
If you are not eligible for the ARD program, we can challenge the
legality of your DUI / DWI arrest based on the grounds the police used
to stop you over, the field sobriety test, and even the accuracy of the
breathalyzer machine. In Philadelphia, you have two chances to beat
your DUI / DWI case: once in municipal court and a second time at
common police court.
- Giovanni Campbell:
If you are accused of a crime, you need competent legal counsel.
- Steven E. Kellis: Driving while under the influence of alcohol is a criminal offense. A
conviction on DUI charges may result in fines, loss of employment, the
revocation or suspension of your driver's license, and possible jail
time. Throughout my years of practice, I have defended countless
individuals charged with DUI with tremendous success in either pleading
their cases to a lesser offense or getting a not guilty finding from
the jury. I can tell you if you have a legal challenge or if the police
have violated your rights after I have an opportunity to investigate
your case. This is where my extensive experience as a former DUI
Prosecutor in this area is invaluable.
- Greenblatt, Funt & Flores:
Arraignment is the first stage of courtroom proceedings to take place
after the arrest and booking of a criminal defendant, during which time
a criminal defendant is formally charged before a criminal court judge
and asked to enter a plea to the criminal charges. During a typical
arraignment, the judge will also decide whether to set or alter bail,
and announces dates of future proceedings in the case (e.g.,
preliminary hearing and trial).
- Brennan Law Offices:
Sometimes referred to as "unlawful restraint," false imprisonment is
the intentional restraint of another's freedom without legal
justification. Such claims can be based on both civil law and criminal
law, allowing private causes of action along with criminal penalties in
some circumstances.
- Randolph Goldman:
The Sixth Amendment of the U.S. Constitution states that criminal
defendants have a right to the assistance of counsel. Courts have
interpreted this to mean that criminal defendants have a right to an
attorney during all critical stages throughout the criminal process.
* Did the police make an illegal traffic stop?
* Were you properly informed of your rights and implied consent law if you refused the breathalyzer?
* If your BAC was shown as over the legal limit, was the breathalyzer test properly administered?
* Were there technical problems with the blood, breath, or urine test?
* If you are charged with a level of offense that may mean jail, can he, as your lawyer, negotiate a plea bargain for community service, home monitoring, or probation?
* Do you qualify for a work permit to drive until your driverÕs license reinstatement?
- John Elbert:
A DUI arrest is actually two individual cases in the form of one
driving under the influence charge. The first is the criminal case, and
the second and less familiar, is the Department of Motor Vehicle
Administrative Per Se suspension/revocation. The criminal charges are
governed by criminal law while the Department of Motor Vehicles
administration per se suspension/revocation are governed by
administrative and civil law.
In Pennsylvania an arrest for drunk driving is called DWI, and in New
Jersey itÕs called DUI. In both states, a DUI or DWI arrest is actually
two individual cases in the form of one drunk driving charge. The first
is the criminal case. The second and less familiar case is the
Department of Motor Vehicle (DMV) administrative suspension / revocation
of your driverÕs license. The criminal charges are governed by criminal
law while the DMV driverÕs license suspension / revocation is governed
by administrative and civil law. DUI and DWI Criminal Defense
First, with respect to the criminal charges, there are serious
constitutional implications that are present in every DUI or DWI case.
For example, the stop of your vehicle may have been illegal or perhaps
the officer failed to read your Miranda Rights during questioning. In
some instances, an officer may illegally deny you the right to take an
alcohol test of your choice. Understanding the subtle nuances of a
police report and analyzing the weakness from a Fourth or Fifth
Amendment perspective becomes one of the most critical factors that must
be addressed during your defense. This is where Pennsylvania Criminal
Defense, P.C. believes its greatest strength lies, in dissecting the
details of the officerÕs report.
Second, the Department of Motor Vehicles (DMV) will automatically
suspend your license following your arrest. You have 10 days from the
day of your arrest to request a Department of Motor Vehicles hearing to
challenge the suspension of your license. If this narrow window closes
before requesting a hearing, the right to test the revocation has been
waived.
1. Skilled Investigators 2. Successful Pre-Trial Motions 3. Trial
Experience
These three vital components form the fabric a successful defense for
you. DUI/DWI charges are serious allegations and we take them seriously.
- DESSEN, MOSES & SHEINOFF:
Drunk driving is considered a serious offense in all states. The DUI
statute in the state where the violation occurred will determine the
extent of the punishment for a first-time offender. Generally, a
first-time offender convicted of the offense (which is usually
considered a misdemeanor) is ordered to pay a fine and may be sentenced
to a minimum term of imprisonment. A suspension of his or her driver's
license will usually occur as well. There are certain "programs"
available to first-time offenders, which allow the defendant's
punishment to be decreased under certain circumstances. Further, there
are a number of defenses to a charge of drunk driving that an
experienced attorney can raise on your behalf. If you cannot afford to
hire an attorney, the court will appoint an attorney for you free of
charge.
- Stephen Dicht: This is an area of my
practice which has grown substantially. I believe that a person is not
guilty of a criminal offense simply because they have been charged. My
clientele have been charged with a wide range of offenses including
traffic violations, driving under the influence and other offenses. I
believe those charged deserve and require a vigorous defense. One of
the best compliments I have ever received came from a local prosecutor.
He told me he was not accustomed to defense attorneys fighting for
their clients like I had. Recently, the mother of a young client
charged with shoplifting wrote me a note telling me she believed I
cared about her daughter as a person not just a client. This is my
approach to representing clients. I understand and recognize it is not
politically correct to represent those charged with driving while
intoxicated. However, I strongly believe in the Constitutional
Protection that one is innocent until proven guilty. Therefore, in many
cases an expert is employed to challenge the equipment used to
administer the test, the experience and qualifications of the person
performing the test and the propriety of the field sobriety test.
- John Elbert:
A DUI arrest is actually two individual cases in the form of one
driving under the influence charge. The first is the criminal case, and
the second and less familiar, is the Department of Motor Vehicle
Administrative Per Se suspension/revocation. The criminal charges
are governed by criminal law while the Department of Motor Vehicles
administration per se suspension/revocation are governed by
administrative and civil law.
- Patrick Arthur:
All of these factors may be relevant to your case. . .
- The
existance of an eyewitness to the exact time of the operation of the
vehicle.
- When you had your last drink.
- What time you had your last meal.
- When
was the last time that you slept.
- Your weight.
- Your age.
- Various
medical conditions/medications.
- What you were drinking.
- How long you were drinking.
- The
reason that gave rise to the "probable cause" to stop you.
- Any
physical disabilities such as balance and gait problems.
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