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DUI Archives

DUI Chester County Intermediate Punishment Program (IPP)

Facing a DUI in Chester County, Pennsylvania can be a very scary proposition. This is in particularly true if it is not your first DUI. The applicable punishment for DUI's in not only very serious in Chester county, but they are also very serious throughout the state of Pennsylvania. DUI homicide These punishments are determined by minimum mandatories. And these Minimum mandatories are the reason that the Intermediate Punishment Program in Chester County is so highly sought after by many criminal defendants. Minimum mandatories are required punishments that have been mandated by the Pennsylvania legislature and governor. They require that a criminal defendant serve a mandated period of time in prison as a result of being convicted of a DUI. The minimum mandatory penalties for the DUI are based on the number offense that an individual has been convicted of in 10 years and the amount of alcohol or narcotics in the defendant's blood at the time of driving.

DUI Homicide

One of the saddest and most tragic types of cases that seems to occur around New Years Day is the charge of DUI Homicide. DUI Homicide is a particularly tragic crime because it almost always involves negligent conduct by the defendant (drinking too much) that lead to unintended consequences in the form of a vehicle accident and the killing of a completely innocent victim.  aggravated assault while DUIDUI Homicide is a very serious crime and the consequences can be quite severe. Specifically, there is a three-year minimum mandatory for this charge which means that a criminal defendant convicted of this crime has to serve at least the minimum of three years is prison. A judge can also sentence the criminal defendant to significantly more time as a result of the seriousness of the charge. Changes to this statute also appear to be imminent. Various papers have reported that the Pennsylvania legislature is considering legislation that will heighten the penalties for individuals convicted of this crime who have also been convicted for a prior DUI.

DUI and right to a lawyer

One question that comes up with great frequency regarding the charge of DUI in Pennsylvania is do I have a right to an attorney? Generally speaking the right to an attorney frequently comes up and is brought up the police when they read an accused his or her Miranda rights. DUI refusal to submit to testing The Miranda rights advise an accused that he or she has a right to an attorney before deciding whether or not to answer questions that the police have. The police are only required to advise an accused of his Miranda rights when the criminal defendant has been taken into custody. Under Pennsylvania law, custody means that an accused has either been arrested or placed into handcuffs. Accordingly, the police are not required to advise a criminal defendant of his or her Miranda rights until the defendant has been arrested. What is the penalty to the police if the police do not read or advise someone of his Miranda rights? The penalty or remedy is that any statements that a criminal defendant made to the police (when the officer was asking questions to the accused) are not permitted to be heard by the judge or jury

DUI Refusal to submit to testing

One of the big questions that arises in DUI cases is assessing whether or not the accused refused to consent to the testing of his blood or breath after he was arrested for DUI. defending DUI cases The law regarding this issue of whether or not a criminal defendant refused to consent to the testing of his blood is governed by the Implied Consent Law. The Implied Consent Law requires and calls for the suspension of an accused's driver's license for a one year period if the Department of Transportation can prove that the defendant refused to submit to chemical testing. In order for a police officer to be authorized to request that a driver consent to chemical testing the officer must have reasonable grounds to believe that the motorist was operating a motor vehicle and was under the influence of alcohol or drugs. If the Officer has that believe, then he is required to read the Implied Consent Warnings to the Defendant. Those warnings essentially inform a person that they have been arrested under suspicion of DUI and can either consent to a chemical testing of their blood or breath or they may refuse and suffer a one year license suspension.

DUI ignition interlock employment exemption

Ignition Interlock is not permissible as a result of DUI convictions. Sometimes an individual will be required, for employment purposes, to drive a vehicle for which it is not feasible to install an Ignition interlock device. Defending DUI § 1556(k) provides for an employment exemption that allows for the individual to drive employment vehicles "in the course and scope of employment without installation of an ignition interlock system." In order to do so, the employer must sign a PennDOT provided affidavit (DL-3805), which also must be notarized, stating that the employer is aware that the employee's license is restricted. The employee must carry this notarized form at all times while driving the employment vehicle. The employment exemption does NOT apply when the employee is able to use the employer vehicle for personal use. An individual using any vehicle for personal use must be driving a vehicle with the Interlock device. The employment exemption also does not apply when the employer vehicle is owned by the employee, or an entity that is wholly or partially-owned by the employee. (In other words, a small business owner cannot use the employment exemption to avoid the II requirement in his small business vehicle). Lastly, the employment exemption does not apply to school buses, school vehicles, or vehicles designed to transport more than 15 people. There are costs associated with ignition interlocks as a result of DUI convictions. According to PennDOT, the average cost of leasing an Ignition Interlock device to comply with the requirement is $900 to $1300 per year. The devices are installed by private vendors, which must be on the approved list at Some, if not all, of the vendors allow for payment plans to cover the costs. Costs include installation fees, removal fees, monthly lease fees, and calibration fees.

dui applying for ignition intelock a

To petition for applying for an Ignition Interlock for a DUI first the individual must have received an official notice of suspension or revocation from PennDOT. This notice must then be presented to an approved Ignition Interlock vendor. The approved vendors are listed at the Pennsylvania DUI Association website at The vendor will then install the Interlock in all vehicles to be operated by the individual looking to have the device installed. Under the new law, the device must be installed on all vehicles to be operated by the individual. This differs from the previous law surrounding Interlock devices, which required the device to be installed on all vehicles owned or registered to the individual. driving crimes If no vehicles are owned or will be operated by the individual, they must certify this to PennDOT using the appropriate forms. A vendor can charge a fee, at its discretion, for the service of certifying that no vehicles are owned by an individual. PennDOT will not issue an Interlock device until it receives the DL-1908SC form, which is a self-certification that the device has been installed on all vehicles to be operated by the individual. This form also must be signed by an authorized employee of the vendor who installed the device. The application fee is currently $65 and non-refundable.

DUI Igntion Interlock new rules

Act 33 of 2016 dealing with ignition interlock was passed on May 25, 2016 and went into effect 15 months later - August 25, 2017. Act 33 created a new section to set out the terms of the new Ignition Interlock law. It requires those with suspended licenses due to DUI or chemical testing refusals to install an Ignition Interlock device on all vehicles they will be operating. An individual with an Ignition Interlock still is considered to have a suspended license. DUI first offense Act 33 applies the Interlock requirement to even first-time offenders if they had a BAC of .10 or higher or are convicted of a controlled substance DUI. It does not apply to first-time offenders convicted under § 3802(a)(1) - general impairment, or §3802(a)(2) - BAC .08 to <.10. It also does not apply to those accepted into the ARD program - as of now, those individuals do not need to install the Interlock device and must serve the entirety of their (shortened) license suspension of 30, 60, or 90 days. (However, Act 30 of 2017 changed this, and effective October 20, 2018, individuals placed on ARD may, but are not required to, install the II in order to drive immediately).

DUI Ignition Interlock

Ignition Interlock laws in PA are undergoing huge changes. Pennsylvania Act 33 of 2016 amended Title 75 (Vehicle Code) to create a new "Ignition Interlock Limited License". In Pennsylvania, an Ignition Interlock device prevents a vehicle from being started unless the operator provides a breath sample indicating a BAC of less than .025%. These devices have been around for decades, but they are being increasingly used around the world to combat drunk driving. At this time, the devices used in Pennsylvania cannot detect drugs besides alcohol. DUI marijuana The new law creating the Ignition Interlock Limited License requires more individuals convicted of DUI (for both alcohol and drugs) to install the Ignition Interlock, but it also allows those drivers to get back on the road much sooner. Specifically, suspension times can be cut in half so long as the ignition interlock device is installed on a defendant's vehicle.

DUI 2 hour law

The general rule in DUI cases, is that the level of alcohol or other substances in an individual accused of DUI's blood is inadmissible in court if it is not drawn within 2 hours of the Defendant's driving his motor vehicle. Specifically under Title 75 Pa.C.S. § 3802(c), DUI marijuana A criminal defendant 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 concentration in the individual's blood or breath is 0.16% or higher within two hours after the individual has driven. Accordingly, under this statute, the government generally is required to prove that they took a defendant's blood within 2 hours of his driving or operating a motor vehicle.

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.

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