DUI and DWI Legal Questions

The Preliminary Hearing has the lowest burden of proof that the Commonwealth has to face in a criminal proceeding.  Its important to note that this burden is so low because its not a guilt finding phase its merely a factual hearing to determine whether significant evidence exists to establish that a crime may have been committed and that you may have been the one who has committed it.  As such, it is rare to have a case dismissed outright at the preliminary hearing.  This does not mean its impossible, but because it is not a guilt finding phase the Commonwealth can refile the charges against you even if the charges are dismissed.  OFten times the best use of a preliminary hearing is to examine the officer to determine whether suppression defenses may exist.   It sounds like you have representation at the preliminary hearing.  This is wise.  A good DUI attorney can learn alot about a case at a preliminary hearing and can help you prepare for a trial.  ... Read Answer

It is very typical to not receive your blood results prior to your preliminary hearing.  It generally takes a few weeks for the Commonwealth to get them done.  They are not done by the hospital where they are taken usually, they are generally sent to a state lab that is certified to do lab reports for DUI.  It is highly unlikely that they will be sent to your house, rather, they will be handed over at the preliminary hearing.  In general they need those results to establish per se DUI's.  General Impairment requires only an officers testimony.  In some cases the Commonweath will proceed without the results on a general impairment charge and then amend the charges at the Common Pleas court level.  They are allowed to do this because DUIs are considered cognate offenses.    The up and down of all this is that DUI is a highly technical defense.  Often times people undertake their own defense thinking its a simple charge and therefore easy to "beat".  There is no substitute for competent attorney representation.  You may be missing out defenses that would be successful in targetting defenses that the internet advises you will work (but dont).  ... Read Answer

Of course they do not need a test to go to trial on a DUI/DWAI case. You can object to "destruction of evidence" but it is pretty technical argument and you really need a lawyer. If you qualify - have the public defender represent you. if you don't, find a knowledgeabel DUI lawyer to take on that issue for you. It will be worth the money you spend, I suspect. Having a med card won't help with the DUI, nor open container.... Read Answer

If your driving privileges were revoked for 1 year because of two drunk driving convictions within a seven year time period, you have to be approved to drive through the Secretary of State, which involves a fun little process that includes a substance use evaluation, drug screen, letters confirming sobriety, and a formal hearing, etc.... Read Answer

I am glad to hear that you are the expert in substance abuse counseling. When the court orders an evaluation and follow-up counseling, they expect to get a copy of the evaluation and updates on how any recommended treatment is going. Otherwise, they would have no way of knowing what you are supposed to do, and if you are actually doing it.Yes, the substance abuse counselor can require you to take random tests as part of your treatment. That is fairly routine for a client who has a drug abuse problem. From what you have said, absolutely nothing is out of the norm, and the fact that you are objecting so much to what is required may be showing the counselor that your drug problem is worse than you think.... Read Answer

Unfortunately even if you blew under the legal limit, they can still charge you with VC 23152(a), which is probably what is listed on your ticket. However, you have a great case for a dismissal, provided you have proper representation. Contact a DUI specialist soon to protect yourself both from court and the DMV.... Read Answer

From my experience, many people believe that they passed their sobriety test when in reality they do not know what the officer is looking for when they have a person performing the test. It depends on many factors and you will have to hire an experienced criminal defense attorney to evaluate your case. Additionally, there is an obvious difference of opinion between you and the officer on whether you passed the test or else you would not have been charged. Consult a criminal defense attorney, most offer free consultations.... Read Answer