The National Trial Lawyers | Top 100 Trial Lawyers AVVO Rating 10.0 Superb | Top Attorney Criminal Defense 10 Best 2014-2016 | 3 Years | Client Satisfaction | American Institute of Criminal Law Attorneys WHO'S WHO | Top Professional | Certified 2017 top 100 lawyer ASLA 10 best 2016 client satisfaction| American Institute of personal injury Attorneys Top 10 Attorneys American Jurist Institute 2017 American Jurist Institute Top 10 Attorneys
The Kelly Law Firm Law Offices of Kelly & Conte
Call Anytime - Day or Night
610-314-7066 610-314-7066
Visa | Mastercard | American Express | Discover Network
The National Trial Lawyers | Top 100 Trial Lawyers
AVVO Rating 10.0 Superb | Top Attorney Criminal Defense
Nation's Premier | NACDA | Top Ten Ranking 2014
10 Best 2014 | Client Satisfaction Award | American Institute of Criminal Law Attorneys
2016 top 100 lawyer ASLA
10 best 2016 client satisfaction| American Institute of personal injury Attorneys
American Jurist Institute Top 10 Attorneys
Top 10 Attorneys American Jurist Institute 2017

DUI Archives

Probable Cause in DUI Cases

One of the primary issues that comes up in Defending against DUI charges and cases is assessing whether or not the police had probable cause to stop a vehicle to begin with. Under Pennsylvania DUI law, a criminal defendant may only be convicted of the crime of DUI if the police possessed probable cause to stop the defendant while he was driving his car. Defending Dui Cases In order for the police to perform a traffic stop, they must possess probable cause that the defendant was committing a criminal or vehicle code violation. In a DUI case, the Judge will dismiss the DUI charges if the government cannot prove that the officer possessed probable cause that the defendant was committing a traffic violation when he stopped the vehicle and discovered that the driver was driving under the influence.

DUI what is a closed roadway

Pennsylvania DUI law applies "upon highways and trafficways throughout this Commonwealth." Accordingly, a criminal defendant may only be convicted of a DUI if he is driving on a roadway or trafficway in Pennsylvania. A highway is defined as "the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. DUI basics The term includes a roadway open to the use of the public for vehicular travel on grounds of a college or university or public or private school or public or historical park." A trafficway is defined as "the entire width between property lines or other boundary lines of every way or place of which any part is open to the public for purposes of vehicular travel as a matter of right or custom." Thus, when considering the issue of a DUI, a criminal defendant may only be convicted of this crime if he is driving within the boundary lines of a roadway.

Dui warrantless blood draw

The law in the Commonwealth of Pennsylvania regarding warrantless blood draws where an accused is suspected of DUI is currently in flux. The state of the law regarding DUI and warrantless blood draws was illustrated in a three-judge panel in Commonwealth v. Ennels. On March 12, 2016, in Reading, Pennsylvania, a man named John Amonte Ennels was in a motor vehicle accident. Police were contacted because he was trying to leave the scene. When officers conducted a traffic stop of Ennels, there was an overwhelming smell of marijuana and a partially smoked blunt in the vehicle. DUI checkpoint Ennels was charged with DUI and was transported to St. Joseph's Hospital for a blood test. Ennels was read the "DL-26" form and gave his blood 'voluntarily'. However, the DUI form that the officers read to Ennels said that he would face a minimum of 72 hours in jail and a $1,000.00 fine and a maximum of five years in jail and a $10,000 fine if he refused to consent to the blood draw. The court therefore ruled that Ennels's blood sample consent was involuntary.

DUI 2 hour rule

Dui is a serious crime in the Commonwealth of Pennsylvania. Under PA law, the government must obtain an accused's blood or breath within 2 hours of the accused operating a motor vehicle. Pursuant to 75 PA.C.S. 3802(A), the DUI statute in Pennsylvania, an individual may not drive, operate or be in actual physical control of the movement of a vehicle after drinking or consuming a sufficient amount of alcohol where the alcohol concentration in the accused's blood or breath is at least 0.08% within two hours after the individual has driven or operated the vehicle.  DUI chemical testing If the government does not obtain a defendant's breath or blood within 2 hours of his operating a vehicle on a roadway, then the results of the breath or blood are not admissible in court. It is important that an individual facing dui charges should consult with an experienced Chester County Criminal lawyer if you have been charged with or is being investigated for the crime of DUI.

DUI chemical testing

One of the primary ways for the government to prove beyond a reasonable doubt that an accused is guilty of DUI is through the use of chemical testing. Chemical testing composes of two different types of tests. First, the testing of an accused's blood, which is typically drawn at a hospital, and second, the testing of an accused's breath. Defending DUI cases An accused does have the right to refuse chemical testing when he or she is being investigated for a dui, however, refusing to consent to chemical testing will have an adverse effect on an accused's right to possess a driver's license. In Pennsylvania, any criminal defendant who refuses to consent to the chemical testing of his blood when he has been lawfully arrested for the charge of dui will receive at least a one year license suspension of his driver's license.

DUI fourth offense

In Pennsylvania, driving under the influence is a crime that is not taken lightly. For each subsequent DUI offense you are convicted of your penalties will grow harsher and harsher. DUI marijuana If you are being charged with a fourth offense DUI, it is likely that you will be facing a state prison sentence and should have some sort of understanding of the proceedings of the case. The severity of your punishment from a fouth offense DUI relies on which of the three tiers of fourth offense DUIs your case falls under. Out of the three tiers, tier one is the lowest.

DUI third offense

Driving under the influence is a crime that is never taken lightly. If you find yourself facing DUI charges and it is not your first offense, you will face much harsher penalties. Third offense DUI's are the most serious of driving under the influence offences. DUI basics Third offense DUI's are broken down into three tiers. These tiers are known as general impairment, high impairment, and highest impairment. There are several different factors that determine which tier your DUI is classified under.

DUI second offense

In Pennsylvania, driving under the influence is a crime that is taken very seriously. If you are arrested for a DUI for a second time, you will face harsher penalties than if it was your first. In order for a DUI to be considered your second offense, it must be the second DUI you have been convicted of in the last ten years. After ten years, a DUI is no longer considered for the purpose of grading a following offense. vehicular homicide dui Pennsylvania uses three different tiers to categorize second offense DUI offenders. These tiers are known as general impairment, high impairment, and highest impairment.

First time DUI

In Pennsylvania, it is a serious crime to drive a motor vehicle under the influence of alcohol or a controlled substance. If you are found driving under the influence of drugs or alcohol, you have the potential of being charged with DUI. Your charges depend mainly on whether you are a first-time DUI offender or not. If you are a first-time offender, there are several different elements that will impact the severity of your sentence. The main element that determines what tier your DUI is considered is the ratio of your Blood Alcohol Concentration (BAC). DUI as a minor The severity of your penalty depends on how high your BAC was at the time of the offense. Pennsylvania uses three different tiers to define the level of your impairment based on your BAC.

DUI as a minor

In Pennsylvania, it is a serious offense to drive under the influence of alcohol or a controlled substance. This offense is known as DUI, driving under the influence. If you are a minor (under the age of 21) and you are caught driving under the influence, your penalties will be severe. According to Title 75 section 3802(e) of the PA crimes code, a minor may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol DUI first offense concentration in the minor's blood or breath is 0.02% or higher within two hours after the minor has driven, operated or been in actual physical control of the movement of the vehicle. Factors such as your Blood Alcohol Concentration (BAC) and whether it is your first offense or not do not matter when it comes the severity of your DUI if you are a minor.

Why We Succeed

Preparation.

We prepare every case as if it is going to trial. Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel.

See what our clients are saying...

Experience.

For more than 15 years, people throughout Chester County and the surrounding area have turned to Law Offices of Kelly & Conte for sound legal advice and aggressive representation.

Learn more about our team...

Commitment.

We will not accept a deal simply for the sake of closing your case. We care about your future, and we pursue every available option in an effort to secure the best possible outcome.

View our case results...
Schedule YourFree Consultation

Schedule a Free Case Evaluation

Bold labels are required.

Please note that First AND/OR Last Name, and Email AND/OR Phone are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

West Chester Office
213 W Miner Street #3
West Chester, PA 19382

Phone: 610-314-7066
Fax: 610-436-0628
Map & Directions

Pottstown Office
934 E High St #2
Pottstown, PA 19464

Phone: 610-314-7066
Fax: 610-436-0628
Map & Directions