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DUI Archives

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.

DUI and the admissibilty of the PBT test

One issue that comes up in DUI cases concerns the admissibilty of PBT tests.  Generally speaking, in DUI cases the results of a PBT test are not admissible.  However, sometimes the PBT test might help the defense.  In those instances, is the PBT addmissible under Pennsylvania law?  Defending DUI casesThe portion of the Vehicle Code dealing with chemical testing to determine the alcoholic content of blood provides in pertinent part:

DUI: Implied Consent law after Birchfield

There has been a drastic change under Pennsylvania DUI law as a result of the Birchfield ruling and the implications on implied consent.  This blog will address DUI implied consent law after Birchfield.  Recently, the United States Supreme Court decided a Fourth Amendment case concerning refusal of blood testing after being pulled over for DUI. Birchfield v. North Dakota, 579 U.S. ____ (2016), DUI what's at stake?  holds the government may not criminalize a driver's refusal to submit to a blood test without a warrant. The government still can criminalize a driver's refusal to provide a breath sample without a warrant if the officer has reasonable suspicion to believe a driver is under the influence.

DUI: 2 hour rule

Under Pennsylvania law, blood must be taken from a DUI defendant within two hours of his being in physical control of a motor vehicle. Specifically, under 75 Pa C.S. § 3801 § (c), in order for an accused to be found guilty of dui, the defendant's blood alcohol content must be measured as over .08% within two hours of his having driven on a roadway. read about implied consent here  If the blood is drawn more than two hours after an accused was operating a vehicle, then it is per se inadmissible in a court of law. The Pennsylvania Superior Court made this holding in the case of the Commonwealth vs. Segiday (holding that the Commonwealth's evidence was insufficient to support either of Segida's convictions - under 3802 §§ (a)(1) or (c));

Defending DUI cases

A DUI conviction can be absolutely debilitating to a person and even their family. A conviction for a DUI can mean much more than just a license suspicion for a year or a year and a half. DUI basics  A conviction for a DUI can mean a state conviction depending upon the specific circumstances of the dui and the number of previous dui convictions that an accused has. Rather than exploring the actual crime of DUI and the possible penalties that an accused can face, in this blog we will explore the various defenses that an individual may have.

DUI/DWI: Implied Consent

Pennsylvania operates under the implied consent rule for individuals charged with either a DUI or DWI. What is probable cause for a DUI  The general rule is that any person who drives, operates or is in actual physical control of his car shall be deemed to have given consent to one or more chemical tests of breath, blood or urine for the purpose of measuring the amount of alcohol or narcotics in his blood.

DUI: probable Cause

Driving Under the Influence (DUI) charges in Pennsylvania can be very serious crimes. If your blood alcohol content is over a .016% or you have illegal narcotics in your blood stream you are considered to be in the highest tier for sentencing purposes.  Read about DUI Tiers here If you are convicted with your third DUI in the past ten years and your BAC is over a .016% or you have illegal narcotics in your system, then you will be facing a mandatory 1 year in Pennsylvania state prison. Because of the serious nature of DUI charges, in particularly for individuals driving with either illegal drugs in their system or with a blood alcohol content of a .016% or higher, you should strongly consider hiring an experienced Chester County DUI lawyer.

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