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DUI Archives

DUI Refusing a chemical test

A major issue in DUI cases occurs when criminal defendants are refusing to submit to a chemical test in a DUI case.  DUI rehab When talking about a chemical test, it is a common test to give after someone is arrested for the suspicion of DUI to see if there was any alcohol or drugs in a person's system. This could either be done threw a blood or breathalyzer test. When engaging in a blood test you are read your rights, which include; implied consent law, no right to attorney, and if you refuse the blood test your license will be suspended for at least 12 months, and 18 months if you have a prior DUI or refusal. Breathalyzer tests are given after the person has been arrested and transported to the police station. A certified operator must conduct these tests, the machine has to be properly calibrated, and machine is works correctly prior to blowing into the machine for the results of the breathalyzer to be admissible. A breathalyzer test should not be confused with the preliminary breath test (PBT), which is given before you are arrested to detect evidence of intoxication.

DUI should I go to rehab?

One issue that arises for defendants who are charged with a DUI is should I go to rehab? Specifically, is it in my legal interest to enter rehab if I have been charged with a DUI? drugged driving This blog will address that very question, however it is important to note that we are only accessing the legal benefits of rehab, not the obvious personal benefits which can come from attending a rehab facility. Rehab can be a life changing event physically, mentally and spiritually. It is highly recommended that any individual that believes that they might have a problem with either alcohol or drugs should attend rehab. An issue that Pennsylvania courts have been struggling with is when should a defendant get credit for prison time when he is not in prison. The statute dealing with this question (section 9760) states that a defendant should be given credit for time spent in custody prior to sentencing for a particular offense. The issue that arises in courts is can a defendant be in custody even if he is not in prison? Courts have interpreted the word 'custody, to mean time spent in an institutional setting such as an inpatient or rehabilitation treatment facility.

DUI Crimes Driving while operating privilege is suspended

DUI Crimes such as Driving a motor vehicle while your operating privilege is suspended or revoked can have very serious consequences on your freedom.  DUI marijuanaSpecifically, driving with a suspended license can be found in the Pennsylvania Vehicle Code under Title 75 section 1543. There are two separate portions of section 1543 of the Vehicle Code. The first crime deals with driving on a suspended license that is not DUI related. The second crime and the one that is significantly more serious appears under section 1543b of the vehicle code and deals with driving with a suspended license as a result of a DUI conviction. Specifically, in order to be convicted for these crimes, the government must prove the following criminal elements beyond a reasonable doubt: First, that the accused was driving a motor vehicle on any highway or trafficway in the Commonwealth of Pennsylvania. Second, that the accused's driver's license was suspended at the time of his driving. And finally, that the accused had notice of the suspension of his driver's license either in court or from Pendot.

Dui Defense Probable Cause

One defense used in DUI cases is that the police did not have or had a lack of probable cause to arrest the defendant for DUI. DUI marijuana In order for the police to charge or arrest a defendant with the crime of DUI, they must have probable cause to believe that the Defendant committed a DUI. This typically happens under the following scenario. The police officer is on routine patrol and he sees the defendant driving a motor vehicle on a roadway. He then sees the defendant commit a driving infraction. AT this point in time the officer has probable cause to stop the defendant for a vehicle violation. The officer then meets the defendant. The defendant has blood shot eyes, alcohol on his breath and admits to drinking two beers. At this point the officer now has reasonable suspicion that the defendant is driving drunk and can ask him to submit to field sobriety tests. The officer then gives the defendant field sobriety tests and the defendant fails. At this point the officer clearly has probable cause to arrest the defendant for DUI and to ask him to submit to a blood test.

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 padui.org. 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 padui.org. 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.

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