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DUI Archives

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.

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.

DUI what is a closed roadway

Pennsylvania DUI law applies "upon highways and traffic ways throughout this Commonwealth." Accordingly, a criminal defendant may only be convicted of a DUI if he is driving on a roadway or traffic way 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 traffic way 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 warrant less 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.

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