DUI

Hiring a DUI attorney is never an easy decision.  You’ve probably seen numerous advertisements from attorneys today alone or at least throughout the week. If you’re reading this blog, you’re on the Internet, where you can find countless attorneys that practice in the same areas. Once you’ve narrowed your search down, you’re probably wondering “Can this attorney help me and how?”

Thus, we’ve made a list of the top 4 questions you should ask an attorney you’re looking to hire for DUI charges and added some bonus ones at the bottom.

1. How many DUI-related trials have you had in the last year?

This is a pretty easy one. If your lawyer is not actively trying cases, they are not going to get the best deal for you or be able to handle a complex trial as well as attorneys who are actively trying DUI charges. It’s only when the prosecution realizes they are going up against a trained adversary with a winning record, that the good deals get thrown on the table.

If you lawyer is not able to negotiate for you from a position of strength, then don’t expect any reductions, plea deals or even dismissals.

2. How many similar cases have you handled?

Just because an attorney had not had a case exactly like yours before, it doesn’t mean they aren’t qualified to handle your specific situation.  A good attorney has mastered everything they need to know to get great results, regardless of the circumstances.

Your attorney should be familiar with the type of case with which you are charged. If you’ve been charged with a DUI and blood was drawn, your attorney must know all about Gas Chromatography and the science used to test your blood.

This means that your attorney should be certified in the fundamentals of Gas Chromatography, Enzymatic Blood Testing, Standardized Field Sobriety Testing, Pharmacology, and Human Performance. They must have also attended training in a lab and be able to handle the complexities of these cases.

So be sure that your attorney has experience in the general type of case and make sure that he or she has the training necessary to deal with any science related to it before hiring them. You especially want an attorney who has actually used the machines that your blood is tested on, as they are intimately familiar with their faults.

3. What additional certifications do you have?

Is your prospective attorney trained in Standardized Field Sobriety Tests? Does he or she have certification in Chromatography? Do they attend training at local, state, and even national seminars? Have they actually taught at any seminars? Do they have a history of being a national speaker?

While checking with an attorney for additional certifications (a Jurist Doctorate isn’t always enough!), also be sure to check their ratings on trustworthy sites such as www.avvo.com. Avvo rates attorneys on a variety of factors, including their years of experience, engagement in the law community, and quality of client testomonials. Click here for Brian Manchester’s Avvo profile, where he is given a 5/5 rating.

4. What national, prestigious organizations do you belong to?

Does your attorney belong to any national organizations? Are any of the organizations by invitation-only? Does he or she teach at any of these organizations?

Attorneys who attend national organizations are the most likely to keep track of new developments in DUI defense. While the law is always changing, so to are defense practices. Attorneys who attend invitation-only events and even are asked to teach at events, are those who are recognized by their peers for their exceptional knowledge and history of trying cases.

Other Questions to Ask Your Attorney

1. Do you regularly take cases to trial across the state?

2. Have you ever operated the testing equipment used by the state and private labs?

3. Do you have the practitioner’s certification in Standardized Field Sobriety Testing?

4. Are you recognized locally and nationally?

5. Do other attorneys refer DUI cases to you?

6. Does you belong to any non-defense related scientific organizations?

7. Have you ever gotten any court decisions with a state-wide impact?

8. Does you have documentation (proof) of any of this?

 

 

Classified in PA as a Felony 3, punishable by up to 7 years in jail and a maximum fine of $15,000.00. An additional 2 years of jail time can be requested by the District Attorney if the offense occurred in an active workzone; 2 additional years of jail time can also be added if you are also convicted of driving without a license, driving while license is suspended, texting while driving, duties for emergency vehicles, or duties in emergency response areas.

In order for you to be convicted of aggravated assault by vehicle, the District Attorney’s office must prove beyond a reasonable doubt that you acted recklessly or with gross negligence while operating a vehicle; that their operation of the vehicle caused serious bodily injury to another person; and that you also violated any vehicle code offense relating to the operation or use of a vehicle. ‘Serious bodily injury’ is defined as “bodily injury which creates a substantial risk of death or cause serious permanent disfigurement or long lasting loss or impairment of the function of any bodily part or organ”. The offense committed cannot be the offense of Driving Under the Influence (DUI) as there is a separate offense for DUI situations called Aggravated Assault While DUI.

Classifed by PA as a felony 2, punishable by up to 10 years in jail and a maximum fine of $25,000. An additional two years jail time can be requested by the District Attorney for texting while driving, failure to yield to an emergency vehicle, failure to move for emergency vehicles, or if the offense is committed in an active work zone. The District Attorney can also ask for an additional two years of incarceration if you are not properly licensed at the time of the offense.

To prove this offense the Commonwealth must show that you acted recklessly or with gross negligence, and caused Serious Bodily Injury (SBI) to another person as a result of you operating a vehicle while committing the offense of Driving Under the Influence (DUI). ‘Serious bodily injury’ is defined as “bodily injury which creates a substantial risk of death or cause serious permanent disfigurement or long lasting loss or impairment of the function of any bodily part or organ”.

A DUI based on alcohol is the most common DUI in Pennsylvania. There are two ways a person can be charged with DUI based on Alcohol. A lot of my clients ask why they are charged with two types of DUI? That is because the prosecutors try as many ways to convict you as they can. The two standard Pennsylvania alcohol DUI charges are General Impairment and your Blood Alcohol Level. Here they are in more detail:

General Impairment DUI:

1. This is also called driving while impaired. The Commonwealth must prove that you consumed enough alcohol that it made you incapable of driving safely and that you then, drove, operated, or were in actual physical control of a vehicle. There is no specific blood alcohol concentration (BAC) needed for this offense. How much alcohol is needed to make you incapable of driving safely differs for every person. This means you can still be charged with this offense even if your BAC (Blood Alcohol Concentration) level is below the legal limit.

Blood Alcohol Limit:

2. This is also called the per se charges. Measurement of BAC (Blood Alcohol Content): The government must prove your BAC level to be equal to or greater than .08% within two hours of driving, operating, or being in actual physical control of a vehicle. The Commonwealth does not have to prove an offender was incapable of driving safely, only that the BAC was above .08% within two hours of last driving or being in actual physical control of the movement of a vehicle. In Pennsylvania BAC is determined by either blood or breath testing – no other testing method is approved.

This DUI offense has increased penalties depending upon the amount of alcohol in your blood. If the BAC is .08-.10, or if a blood test is refused,, it is a tier 1 offense. If the BAC is between .10-.159 or you there is an associated road traffic accident that causes property damage, it’s a tier 2 offense. If BAC is .16 or higher or you refused a breath test or a search warrant for your blood, that’s a tier 3 offense. The higher the tier, the more severe the punishment can be if convicted. Please refer to the PA DUI Sentencing Chart. (hyperlink this to the DUI sentencing chart in the criminal resources section)

On the criminal complaint Driving While Impaired is often shortened to General Imp. in places on the criminal complaint. Often when I speak to new clients on the phone, they ask me what does General Imp. mean? Well, it is shorthand for General Impairment. That charge is what I call the old-fashioned drunk driving charge.

Above we spoke about general impairment in legal terms. Now, what does that mean in English? It means a person is guilty if they drank enough alcohol that a fact finder, Judge, or Jury, believes they can’t drive safely. What it does not mean is a person has to be drunk. It means a person cannot have consumed enough alcohol so that they can’t safely drive. Safely driving is a subjective call. That is where the defense comes in. It also does not mean a person cannot stand on one foot and be stiff as a board. It does not mean a person who cannot walk a straight line in a way no normal person walks. What the police do not tell you is that the field sobriety tests that they administer are only gauges of a person’s blood alcohol content. They even say that in the Field Sobriety testing manuals. One of the scientists who worked to standardize these tests, Dr. Marceline Burns, even testified to that. This is why knowing what the tests are about gives you an edge in defending DUI cases.

Then there are the Blood Alcohol Content DUI charges. You are guilty of a Pennsylvania DUI IF the government can prove your blood alcohol content over one of the levels mentioned above. Please note that I said IF they can prove the blood alcohol levels. There are many issues related to blood testing that can be found by a lawyer trained in what to look for. They are not always there but they are there quite frequently. Please refer to my blog How to Expose Bad Blood Tests in Pennsylvania Alcohol DUI Cases.

What Does ARD Mean?

ARD stands for “Accelerated Rehabilitative Disposition”. If you have been charged with a first offense Pennsylvania DUI, you may be eligible for Pennsylvania’s ARD program. If so, and you complete the program, you will have resolved your first offense DUI without a criminal record.

ARD was adopted to emphasize rehabilitation as opposed to incarceration. Although each county may differ on certain eligibility rules, the general rules are you cannot partake in ARD if

• You have been convicted of a DUI in Pennsylvania in the last ten years.
• If you were involved in a crash that caused serious injury or death.
• Or if you had a child under the age of 14 in your car at the time of your arrest.

A Small Price To Pay To Dismiss a DUI Charge

If you’re accepted for ARD in a Pennsylvania DUI case, you’ll be under the court’s supervision for up to 12 months. You also may be required to pay restitution, court fines, and fees.

Depending on the specifics of your case, you may be subject to license suspension in Pennsylvania for 30 to 90 days. However, it is possible to avoid suspension altogether in some Pennsylvania DUI cases.

You will also be required to complete an alcohol highway safety class, and the court may recommend that you undergo alcohol and/or drug treatment. Luckily, your insurance may cover treatment, but if not, you’ll be responsible for the cost. Although this may seem like a tiring process, it is a small price to pay to dismiss your Pennsylvania DUI charge.

ARD Completion

If you complete all of the requirements for the ARD program, your Pennsylvania DUI charge will be dismissed and you won’t have a criminal record from your first offense Pennsylvania DUI. You may then also be able to expunge the DUI arrest from your criminal record.

Failure To Meet Requirements While In The Program

However, if you fail to meet the requirements after being accepted into the ARD program, the charges against you will be reinstated and you’ll be prosecuted for driving under the influence. The ARD will stay on your driving record for at least ten years. If ever asked on an employment application or by anyone if you have been convicted of a crime you can say no as ARD is not considered a conviction. However, if asked if you are arrested you should say yes as the ARD will show up on your driving record.

More Options

The ARD program can bring a satisfactory outcome to your first offense Pennsylvania DUI case, but it’s not your only option. It may be possible to reach a favorable plea bargain or successfully fight the DUI charge in court. It also may be possible to avoid license suspension altogether.We do not automatically assume or always suggest that ARD is the way to go.

How We Can Help You

Brian Manchester has been a criminal defense attorney for 18 years and he and his law firm law firm has helped well over one thousand people just like you be placed into the ARD program.

He has extensive training in DUI defense and is even a member of the National College for DUI Defense, the American Chemical Society, and the Society of Forensic Toxicologists. Brian Manchester also regularly attends seminars that specifically focus on DUI defenses, and he was also the Educational Chairman for the Pennsylvania Association of Drunk Driving Defense Attorneys.

Free Consultation

For a free consultation, we can be contacted at 1-800-243-4878 or you may visit our Contact Us page and we will get in touch with you as soon as possible.

If you refuse a blood test in Pennsylvania and you are later charged with DUI, the DUI charges will be under Tier I, the lowest tier possible for an alcohol-related DUI. If there was also an accident involved in your case where someone was injured or there was some damage to property, the DUI charges will be under Tier II, the next highest tier possible for an alcohol-related DUI. If you are charged with DUI for being under the influence of a controlled substance or some other drug, the DUI charges will be under Tier III, the highest tier. The police can apply for a search warrant to get your blood to conduct testing. If you refuse a blood test after a search warrant is issued for your blood, the DUI charges will be under Tier III, the highest tier possible for an alcohol-related DUI. See our resource section for more information on the possible sentences for each of the Tiers. resources page

If you refuse a breath test in Pennsylvania and are charged with DUI, the charges will be under Tier III, the highest tier possible for an alcohol-related DUI. A conviction for a Tier III DUI has a mandatory minimum sentence that ranges from as little as three days in jail to as much as one year in state prison. What mandatory minimum applies to a Tier III conviction depends on how many DUI convictions you have had in the past 10 years. See our resource section for more information on the possible sentences for Tier III offenses. resources page