Pittsburgh DWI Lawyers
- Spanovitch & Patel:
Portable Breath Tests
(Breath tests given at the scene of the stop, not the breath tests typically given at the police station)
Portable Breath Tests (PBTÕs) are used by police officers to determine whether any alcohol is present on the breath of a suspect. These tests are wildly inaccurate. In fact, they are so inaccurate that the results are inadmissible in court.
Unlike the chemical tests given at a hospital or at the police station, Portable Breath Tests are voluntary. Refusing to take the PBT will not have an effect on your driving priveleges.
Field Sobriety Tests
Field Sobriety Tests are completely voluntary. If you perform them, you may be arrested anyway. It may be better not to give the cop evidence that will be used against you in court. You can politely refuse to do the Field Sobriety Exercises.
In addition, officers are supposed to inquire as to whether you have any conditions which may make it difficult for you to perform the field sobriety tests. If they do not ask this of you, we can later dispute the results of the field sobriety tests.
Finally, field sobriety tests are to be performed on smooth level ground in a well lit area. If this was not done, we may have grounds to dispute the results.
Mr. Spanovich has done extensive research into field sobriety testing. Together we can review the tests that were given and determine if any defenses exist.
Miranda Warnings
When you are pulled over and questioned for DUI before arrest, you are not in custody for the purposes of Miranda warnings. At this point, you should politely decline to answer any questions which the officer asks of you concerning the DUI investigation. This will limit what can be used against you in court.
Chemical Test Refusals
Please see our page on Chemical Tests
Female DUI Issues
GENDER/TEST BIAS
Studies have shown that women tend to score higher on breath testing machines. This is because these machines are calabrated for an average male's lung capacity. This is inherently unfair to women and should be addressed by your lawyer. The average womanÕs body has a higher fat to muscle ratio than does a man. This affects the absorption of alcohol because the average maleÕs body is 68% water while the average femaleÕs body is only 55% water. Water and alcohol mix and quickly distribute throughout the body; thus a male tends to dilute alcohol more quickly than does a female.
Alcohol also affects women differently than men due to the fact that women metabolize alcohol more slowly. Women have less of the ADH enzyme. This causes a larger proportion of the ingested alcohol to reach the blood system prior to being converted to acetate. Women experience fluctuations in hormone levels during their menstrual cycle that may affect the rate of alcohol metabolism. This makes a woman more susceptible to elevated blood alcohol concentrations at different points in the cycle. They will experience their highest BAC during their premenstrual stage. Since body temperature is also elevated at this time, and during menopause, a women's true blood alcohol level may be overstated. In addition, there is also some evidence that a woman taking birth control pills will produce higher BAC levels.
Thus a woman of the same size and drinking the same amount as a man will often show a higher BAC reading. Men and womenÕs bodies are not the same but the machine used by the police assumes they are.
- Greenfield & Kraut:
If you are convicted of DUI in Pennsylvania, your life will be adversely affected in many ways. You will have to pay a large fine. Your insurance rates will skyrocket. You will lose your driver's license and you may even go to jail.
Whether this is your first DUI arrest or your fourth, you need strong and effective representation.
- Karsh & Associates:
If you've been arrested for drinking and driving, you may find yourself charged with driving under the influence (DUI), a serious crime that can result in a suspended license and a long-term criminal record if you are convicted.
- Deluca & Ricciuti:
Any DUI/DWI charge is serious, but for clients facing multiple offenses, the penalties can be much more serious.
Multiple DUI offenses in Pennsylvania can lead to:
* Permanent License Revocation
* Felony Charges
* Expensive Fines and Penalties
* Mandatory Sentences
* Jail Time
* Prison Time in a State Penitentiary
- DeRiso & DeRiso:
A DUI/DWI conviction carries with it serious penalties. Even if you have no criminal record or a history of stops, and depending on the seriousness of the offense, you could be facing:
* Suspended License or Revocation
* Expensive Fines
* Probation
* Jail Time
Putting a strong attorney on your side, someone who understands your concerns may help you reduce or avoid many of the most serious consequences of a DUI stop.
- Fried & Davis:
You Need A Lawyer.
Do not do this alone. You may not always want to
take ARD because, generally speaking, you can
receive ARD once. A lawyer can advise whether
you should seek admisssion to the ARD program.
Not every defendant is ARD eligible, however. In
close cases, a lawyer can help you
- McGough, Ward:
White Collar Crime, Commercial Fraud & Business Litigation, Corporate Compliance, Criminal Defense
- Cindrich & Associates:
criminal cases, including minor infractions and misdemeanors such as traffic violations and the most serious felony offenses, such as, DUI/DWI, drug possession, narcotics sales, theft and grand larceny, white collar crime and fraud, embezzlement, sex offenses, arson, and conspiracy.
- Meyer Darragh:
Your Pennsylvania DUI charge can bring you fines, a driverÕs license suspension, and even jail time, so you need a lawyer experienced in fighting driving after imbibing charges.
- Elliott, Todd:
You will show the district attorney
you are serious by having an experienced
lawyer at your side. You want the prosecutor
(and arresting officer) to know you are willing
fight your case even if, privately, you would
accept a reasonable plea offer.
- Seewald, Mielnicki & Petro:
The new DUI law is quite difficult to understand. It took criminal defense attorneys a while to fully understand it. Nearly every aspect of the new DUI law has been challenged as unconstitutional.
- Parker, Sumner:
WHEN CONSIDERING WHOM THE DEFENDANT WILL HIRE AS HIS ATTORNEY,ÊPLEASE KNOW THAT AN ATTORNEY CAN NOT AND SHOULD NOT ETHICALLY OR LEGALLY PROMISE ANY RESULT IN TERMS OF HAVING CHARGES DISMISSED OR REDUCED OR SAYING THATÊHE CAN GUARANTEE MAKING A DEAL WITH THE POLICE, PROSECUTOR, OR JUDGE.Ê DOING SO IS A VIOLATION OF BAR ASSOCIATION ETHICS.
- Rob Goerhring:
A conviction for D.U.I. can have serious consequences and therefore it is advisable to contact an attorney prior to appearing in court.Ê The new Pennsylvania D.U.I. laws, among other things, lowered the legal limit to .08. These new D.U.I. laws established separate categories of D.U.I., general impairment, high rate, highest rate and controlled substances.Ê The potential penalties vary depending on what category you fall into and whether or not you have had a prior D.U.I.Ê
However, for the first time D.U.I offender, there is frequently an alternative to jail.Ê This program is called the Accelerated Rehabilitative Disposition program.Ê The real benefit to the A.R.D. program is the fact that upon completion of a probationary program, one's record is automatically expunged.
- John Gibson:
Why Hire a DUI Defense Attorney?
There are several reasons to retain a DUI defense attorney if you are arrested for drunk driving, including if you are a minor arrested for DUI or a CDL holder arrested for DUI. Those reasons include the following:
Understanding the Consequences; the Possibility of Winning
The consequences of a DUI conviction can include going to jail, high fines, suspended driver's license, high insurance rates, and a criminal record.
Because the consequences can be dire, and vary depending on your particular circumstances, an experienced DUI lawyer can help you understand the laws and potential consequences as they apply to you. Experienced representation can also ensure that all the factors surrounding your arrest are fully investigated, such as the possibility that the police lacked probable cause when detaining you at the initial stop.
Experience With DUI Charges
An experienced DUI attorney understands the importance of your BAC at the time of a DUI arrest, and can properly challenge these tests, which can have a significant impact on the outcome of your case.
- Joyce & Bittner:
The current Pennsylvania law concerning Driving Under the Influence of Alcohol or Controlled Substance in many ways is the harshest the legislature has yet enacted. Although a possibility exists for first time offenders to get a pretrial diversion known as ARD, and thus avoid a conviction on their record, penalties for conviction can be tough. If you are convicted, penalties and mandatory sentences are based primarily on two key factors:
1. Blood alcohol content. This is based upon a test of the blood orÊbreath (or the accusedÕs refusal of the test).
2. The number of prior DUI convictions ( in Pennsylvania or any other state ) in the mandatory 10 year look back period
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