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 $25 and $300. Some of these violations even though they are only summary offenses can carry a jail sentence of up to 90 days, additional driver license suspensions, or result in points being added to your driving record which can result in a license suspension and need to be taken seriously just like the DUI charge.
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Is a DUI a Felony in Pennsylvania?
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, it will be a felony of the third-degree. If you have been convicted of Homicide by Vehicle While DUI at any time in your past, then the current DUI charge that you are facing (even if this is your first offense within the past ten years), will be graded as a third-degree felony.
Can I represent myself at a preliminary hearing for a DUI?
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 the chemical tests. In addition to this, you need to understand all of the possible alternative sentencing options you may qualify for so you can negotiate the best possible plea deal if you decide to plead guilty.
Hiring a competent and experienced legal team is worth the expense as it is the best way to protect yourself and make sure you get the best possible outcome for your circumstances.
Can I be convicted of a DUI if I am taking prescription drugs?
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 does not mean that you are incapable of driving safely. However, some medications specifically state that you should not operate a motor vehicle or heavy equipment when using the medication and you should be extra careful when driving after taking these medications.
Can I be convicted of a DUI with my use of medical Marijuana?
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 or not it is medically prescribed.
Is a DWI the same as a DUI?
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.
How much will a DUI cost me?
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 usually more than the fines imposed. There are many statutorily imposed costs. They average around $2,500.00. Court costs include the costs of the testing, Court Reporting Network Evaluation, Drug and Alcohol assessment, supervision fees, and other statutorily mandated costs. There is also the cost of prosecution. This cost is determined by the District Attorney office and includes all their expenses incurred in prosecuting your case. This cost can range from zero to thousands of dollars. This might include the prosecutor getting an expert opinion on whether the drugs found in your blood caused you to be impaired. If you are convicted, you will be required to pay the Court system back for the cost of the District Attorney office to hire the expert. If your case goes to trial and the expert must come to court to testify the costs can go into the thousands of dollars.
There are also indirect financial costs of being convicted of a DUI. Some of these could be the cost of losing a job and having to find new employment. The cost of getting rides to and from work. The cost to your reputation. The inability to work in certain professions. The costs of counseling. The loss of your driver’s license. The loss of your gun rights. The loss of your voting rights if the conviction is a felony. The possible immigration issues, or even travel issues with visiting other counties. These are just a few of the potential collateral consequences of being convicted of a DUI.
My son or daughter is a juvenile and has been charged with a DUI. What Can happen to them?
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, the court has authority until the juvenile turns 21. This means a Judge could place a juvenile in either a detention center or treatment facility until they are 21. However, long periods of detention or treatment are rare and are usually only for violent crimes.