Legal Blog

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…

A DUI conviction from another state will not show up on a standard Pennsylvania Criminal History check. However, that conviction will show up on a nationwide criminal history check. When the Police search your criminal history, they can access criminal records from other states by using your name, birth date, social security number, and other identifying information which might be associated with your criminal history. The Police can, and most often do, search for driving records in other states. A…

In Pennsylvania, if you are convicted of a DUI, just as with any other conviction, it will stay on your criminal record forever. However, just because you have a DUI conviction on your record does not mean that everyone will be able to see it forever. There is the possibility of having certain convictions on your record sealed from public view after ten years through the Clean Slate Act. Most DUI convictions are eligible to be sealed under this Act…

The first thing people need to understand is that you are not legally obligated to do a whole lot at a traffic stop. You should be cordial and respectful with the officer and you want to comply with their commands. If they ask you to turn the car off or get out of the vehicle then comply and do that. However, your only legal duty in the state of Pennsylvania is to provide your license, registration, and proof of insurance.…

For individuals who do not have a Pennsylvania driver’s license, you need to be very careful when you receive a DUI in the state of Pennsylvania. If you are convicted of a DUI in Pennsylvania, Pennsylvania cannot suspend your out of state license but what they will do is suspend your driving privileges in the state of Pennsylvania. The Pennsylvania Department of Transportation will send you your suspension information telling you to turn PA your driver license into them. Since…

A BAC test is one of two chemical test allowed under Pennsylvania law for DUI offenses. If suspected of a DUI the police may ask you to submit to either a Blood Test or a Breath test. Both of these can be used to determine Blood Alcohol Content (BAC) level. The police can only ask for one of these tests if they have probable cause to believe you are under the influence of alcohol and are incapable of driving safely.…

Pennsylvania’s Driving Under the Influence statute allows for police officers to make arrest for DUI if some has actual physical control of the movement of a vehicle, even if they are not actively driving the vehicle. The Courts have interpreted this to mean that, if an individual is either in or around a vehicle with the keys in their possession allowing them to operate the vehicle they are in actual physical control of the vehicle. This means that if you are leaving an establishment and…

ARD stands for Accelerated Rehabilitative Disposition. It is a pre-trial diversionary program. This particular diversionary program is usually offered only to first time offenders of non-serious offenses, typically misdemeanors where no one was hurt. If accepted into the ARD Program you will be placed on supervision prior to any conviction or guilty plea. The length of supervision can last up to 24 months. If you are being placed into this program because of a DUI you will also have to…

First and foremost, if you believe you may have an issue with substance abuse; either controlled substances and/or alcohol, you should get a drug and alcohol evaluation from a licensed treatment provider. Pennsylvania law does make allowances for people who get treatment before they are sentenced. It always makes a good impression with the Judge and prosecuting attorney if a Defendant voluntarily seeks treatment without being ordered to by the Court. Additionally if you successfully complete treatment, the court may…

Yes. The number and kinds of programs available to you for your case will depend on your particular circumstances and which county is prosecuting your case. The most widely available programs are: Accelerated Rehabilitative Disposition (ARD) Restrictive Punishment (RP) (formally known as County Intermediate Punishment (CIP or IP) Treatment Court (DUI Court or Drug Court) State Drug Treatment Program (SDTP) (formally known as State Intermediate Punishment (SIP)) Accelerated Rehabilitative Disposition (ARD) is designed for first time offenders. There are instances where…