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No. Pennsylvania law specifically says a person cannot be forced to take a chemical test. However, you can still be charged with a DUI even if you refused the blood test. The charges can be filed as either Tier I, II, or III depending on the specific circumstances of your case. For a DUI with no special circumstances, you will be charged under a Tier I. If there was an accident the charges will be under Tier II. If your…
No. Pennsylvania law specifically says a person cannot be forced to take a chemical test. However, if you refuse a breath test and are then charged for DUI those charges will be Tier III charges. This tier has the highest possible punishment for sentencing purposes if you are convicted. Breath tests do not have the same constitutional protections as blood tests do. If you refuse a breath test, you will face a license suspension because you refused the breath test.…
Careless Driving and other summary traffic offense such as Reckless Driving are often also charged when someone is charged with DUI. These charges are usually the probable cause the Officer or Trooper relies on to stop your vehicle. Some of these charges could also be Speeding, Stop Sign violations, or disregarding traffic lanes, to name a few in addition to Careless Driving. Most of the traffic offenses do not require jail time if convicted but the fines can be between…
A DUI in Pennsylvania can be a felony in certain circumstances. If it is your third DUI offense within ten years and your BAC greater than .16, or drugs or other controlled substances are involved, or if you refused of a breath test, or if you refused a blood test after a search warrant was obtained, then the DUI will be graded as a felony of the third-degree. If this is your fourth or greater DUI offense within 10 years,…
You are legally allowed to represent yourself at any stage in the criminal justice system. Although you can represent yourself it is usually not a good idea. Unless you know the law and how the system works representing yourself can be extremely detrimental to the final resolution of your case. For instance, in DUI cases you need to know not only the law regarding DUI offenses and defenses, but you should also know how to challenge field sobriety tests and…
Yes. There are sections of the DUI statute that could be charged if you take prescription drugs and they affect your ability to drive safely, or if you take prescription drugs that either aren’t prescribed to you or not taken as prescribed. When it comes to prescription medication and DUIs in Pennsylvania the prosecutors may have a hard time proving these charges beyond a reasonable doubt if you present the correct defenses. Just because you are taking a prescription medication…
Yes. The DUI law in Pennsylvania makes it a crime to drive while there is marijuana in your blood. The DUI statute does not differentiate “medical marijuana” from “marijuana. Recently, there have been several cases decided by our Superior Court that show there might be defenses to these charges if you were using medical marijuana and followed all of the medical marijuana regulations. However, currently, it is still illegal to operate a motor vehicle with marijuana in your system whether…
Yes. In Pennsylvania, the term “DUI” is a shorthand for the offense of Driving Under the Influence of Alcohol or Controlled Substance. Other states might refer to DUIs as “DWI”s which can stand for Driving While Intoxicated, Driving While Impaired, or Driving While Imbibing. If you are convicted of a DWI or DUI in another state, that conviction will be considered a prior offense in the event you are later charged for a DUI in Pennsylvania.
The cost of a DUI conviction in Pennsylvania is more than just money. There are a lot of collateral consequences and costs associated with a DUI conviction. Fines alone range from $300.00 to $15,000.00. It is extremely rare for a Court to impose a maximum fine for a DUI, but it is possible. In most counties, judges give the statutory minimum fines. The minimum fines range from $300.00 to $2,500.00. The costs assessed by the court system add up to…
In Pennsylvania, most of the time when a person under the age of 18 is charged with a crime the charges will be handled in juvenile court. Juvenile court is designed to rehabilitate minors and not to punish them. Unlike an adult who is charged with a DUI, a juvenile who is charged with a DUI does not face mandatory jail sentences if they are convicted of a DUI. Once a juvenile is under the jurisdiction of the juvenile court,…
