Know the consequences of DUI arrest in Pennsylvania
Charging Process, Preliminary Hearing, Arraignment, Pretrial Conference, Trial, Sentencing ..
How DUI in Pennsylvania affects You?
Do not be fooled: Law Enforcement Officers, Prosecutors and Judges are not looking out for your best interests when you are charged with Driving Under the Influence (DUI).
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Looking For Pennsylvania DUI Lawyer Online-- A Few Tips To Get You Started
Pennsylvania DUI Law :
The state of Pennsylvania has a set of rules for DUI cases, which may be referred to as drunk driving, driving under the influence (DUI), driving while impaired (DWI) or the new driving after imbibing (DAI). A DUI / DAI arrest will trigger two cases: the court case, with a variety of potential consequences including jail, fines, mandatory alcohol education programs, loss of driving privileges, and more; and the driver's license case, where the Pennsylvania Department of Transportation (PennDot) will seek to take away the driver's license in a separate action.
There are also laws related to driving under the influence of drugs. This means that if arrestees have any measurable amount of a specified drug in their system, they will be punished. The law has a three-tiered system, where the punishments are decided based on the alcohol or drug level in the blood. The higher the level, the harsher the punishment.
According to Pennsylvania law, any person driving a car has given implied consent to one or more chemical tests of the breath, blood, or urine, if an officer has reasonable grounds to believe the person had been driving while impaired. If the driver refuses, then they will have their license suspended for 12 months, and 3 days of compulsory imprisonment. If the person is convicted of DUI or DAI charges, then the suspension will be in addition to the abatement of DUI or DAI statement. And the person is not entitled to have an attorney present for this particular test.
The DUI Process Manual - has helped thousands save considerable amounts of money on everything from legal fees to auto insurance and court costs as well as enabling people to clear their DUI records and successfully pass pre-employment background checks. It is a must have resource if you have a DUI or even an old DUI conviction record .
First Pennsylvania DUI Offense:
Pennsylvania Criminal Status: BAC Per Se: Ungraded Misdemeanor; High BAC: Ungraded Misdemeanor; Highest BAC: Ungraded Misdemeanor.
Jail: BAC Per Se: 6-month maximum sentence; High BAC: 48 consecutive hours jail time, 6-month maximum sentence; Highest BAC: 72 consecutive hours jail time, 6-month maximum sentence.
Pennsylvania DUI Fines/Costs:
BAC Per Se: $300; High BAC: $500-$5,000;Highest BAC: $1,000-$5,000
Pennsylvania License Suspension:
BAC Per Se: 2 month suspension; High BAC: 12 month suspension*; Highest BAC: 12 month suspension* *Note: An occupational limited license may be available after serving a 2 month suspension.
Violation of Zero Tolerance Law: If you are arrested for DUI, the police will ask you to take a breath, blood, or urine test. If your BAC is 0.02% or higher, and you are convicted of DUI, you can expect:
* Up to one-year driver's license suspension; * Drug and alcohol evaluation Fines (up to $500 for a first offense), court costs and restitution; * To complete a state-approved Alcohol Highway Safety Program, if ordered by the court
If you're under 18, you may also have a juvenile complaint filed against you within 5 days, and may be adjudicated delinquent. Your parents will be notified of your arrest.
If you're 18-20, you may be ordered to Accelerated Rehabilitative Disposition Program if you qualify. If you don't qualify, you will be sentenced to 48 hours in jail.
If you refuse to take a test, your driving privilege will be suspended for one year.
Pennsylvania Conditional License:?
Occupational limited licenses are permitted for all first convictions, provided the offender first serves a 60-day license suspension. Driving is allowed for work and rehabilitation, and the number of driving hours a day is limited. In addition, a probationary license may be available that allows driving during certain hours of the day. However, there are strict qualification guidelines. Vehicle Impound: none
TOP TEN Informational Factors to Consider for DUI Defense
1. "Jail Mail" Distasteful correspondence forwarded to a person after an arrest. This practice preys on the vulnerable and unsuspecting, which this office believes to be callous and discourteous. One must question how your name and address were acquired and why a return phone call would be warranted. If an attorney is diligently completing work on existing cases, one should question how this attorney would have the time to send this such soliticice correspondent.
2. Abrasive tactics Unnecessary harshness and claims of an "aggressive defense" are more often than not an indication of a lack of knowledge, rather than work ethic. Armed with training and knowledge, a defense attorney is more likely able to achieve respect and attention of a prosecutor and judge. Abrasiveness creates enemies and only proves to agitate a potential for a concession by the prosecution.
3. All DUIs are not created equal. Comparing your arrest to another's is always unproductive. Although the veneer may seem similar, DUI arrests and chemical tests are rarely identical to one another. Your expectations should not be based on another person's claims and fact pattern.
4. "Jack of all trades attorney" A person seeking a DUI defense attorney should focus on an attorney who concentrates on this particular field of law. One should request the potential attorney's experience, additional training and supplemental education as they relate to DUI defense, both criminal and civil. While legal fees are more often than not higher than the "jack of all trades attorney," you get what you pay for . . . Please keep in mind, you have only one opportunity to offer a defense; you have the rest of your life to make money.
5. Conflict of interest Accepting legal advice from the arresting officer is not advised. One should guard against the well-meaning officer who tenders legal advice or advises against seeking an attorney. An officer's training is in the arrest, not defense of an arrest. One should recall that this is the same person that stopped, arrested, handcuffed and charged you with a crime. "The art of being wise is the art of knowing what to overlook." (William James)
6. "Silence is golden." Conversation with others and statements to insurance companies should be avoided. If an accident is involved, insurance companies require a statement from their insured, pursuant to contractual obligations. Note, these statements can be subpoenaed and used in court against the accused. Please be advised that your constitutional rights against self-incrimination preempt contractual obligations while the outcome of your case is pending. Retelling the night in question to the general public while seeking untrained advice is confusing and upsetting and should be avoided.
7. "Cut me a break" Never contact the police without first speaking to an attorney. As you may be aware, anything you say can and will be used against you. The police are neither in a position to grant leniency nor provide advice.
8. Assistance Being a part of your own defense is necessary. You've hired the professional-your involvement is mandatory, yet unnecessary annoyances will hinder your representation.
9. "Unlawful arrest" Miranda rights are not necessary for a legal arrest, despite viewer's interpretation of the wide variety of police television programs. However, if your Miranda rights have been read, one should politely decline to answer all questions.
10. Politeness Always be polite to law enforcement; there is no reason not to be. Attitude toward law enforcement officers does not relieve you of accountability. The arresting officer is only doing his/her job, even if they appear to be receiving much delight while doing so. Unfortunately handcuffs are not fashion statements and are meant to be fastened tightly.