Pennsylvania DUI and DWI Legal Questions

Unless you go through the VERY lengthy and expensive process of a constitutional challenge he is likely to be convicted as Pennsylvania tolerates almost no signs of marihuana in blood.  For a second offense he is likely to face 90 days in jail, an 18 month license suspension, and other penalties if convicted.  Learn about DUI defenses and the other penalties here: http://fairlielaw.net/practice-areas/dui/... Read Answer

In PA you are eligible for ARD if you have no criminal record, or, you do have a prior criminal record, but it is a DUI and it is over 10 years old. A local attorney in your county can give you more specifics on how the county DA runs the program. Every county follows state law but have different requirements.... Read Answer

By underage delivery do you mean that he sold controlled substances while a juvenile? If so, then they answer is yes with conditions: under 204 Pa.Code 303.6(a)(1) if the juvenile incident occurred after his 14th birthday and he was under the age of 28 pertaining to the current charge then they prior juvenile adjudication can be used against him. Please call me if I can help. Remember he only has 10 days to file for a reconsideration of sentence.   ... Read Answer

They need to establish you were operating a motor vehicle. Civilian witnesses can be used to testify against you and convict you. Also, if the cops have you standing next to a wrecked vehicle that you own, you appear to be intoxicated and nobody else was seen fleeing the scene, you may be convicted on this type of circumstantial evidence.... Read Answer

Until you actually fill out the PennDOT Restoration form, send it in to PennDOT with a check for the fee, AND, get your license back, you should not drive. In fact, in my county, until the DA sends a form into Harrisburg which shows proof that you completed all of your D&A classes, PennDOT will not restore. There is a provision for an Occupational Limited License in PA but it does not apply to DUI and DUI related offenses.... Read Answer

Normally in PA, they don't give both. If you are talking about the breath test they give you at the scene of arrest, that is not a breathalyzer test. What you probably had was a preliminary breath test (PBT). These results are not even admissible in court because they are so unreliable. IF that is the case, you did not have the right to refuse the real chemical testing, which was a blood test, and consequently will receive a 1 or a 1.5 year license suspension, depending on your test results... Read Answer

Without knowing more, yes. If they have evidence to arrest you on DUI, they may have let you go that night and decided to arrest you by summons via mail, which they are allowed to do. There is a rule of criminal procedure that allows this when the arrested is charged with a misdemeanor and is not a risk to flee. Check your mail, you may be getting a Notice of Preliminary Hearing in the mail. Then, call a lawyer for your Preliminary Hearing.... Read Answer

It really depends on what stage of your case that you missed. But, generally, if you hire an attorney in that county, he can handle it for you or handle it with you by you coming in to the courthouse with him,. You should therefore not go to jail on the warrant. The other thing you can do is call the court administration office and tell them your situation and see if it is something you can handle by coming in to the courthouse and being arraigned on your own. Every county is different and like I said it depends what kind of hearing you missed.... Read Answer

I believe an officer needs to have a reasonable suspicion of a motor vehicle code offense to stop your car. At that point if what he observes-hears, sees, smells gives him probable cause to arrest you, he can. I think it is strange the stop was in july and you haven't heard anything. Your instincts could be right about the bartender. However, don't think the local police don't notice whose cars are in the bar parking lot all night.... Read Answer

The answer is yes, you can be charged if the officer has a reasonable belief that you were under the influence of alcohol to the extent that you were incapable of safe driving, based on your demeanor, the odor of alcohol, and other indicia that you had been drinking. You may get a summons in the mail. What concerns me is that you never submitted to a blood or breath test. Were you asked? The officer is required to ask you to submit to testing and give you certain warnings-you can refuse to submit to testing but if you submit your driver's license will be suspended by PennDOT, you have no right to a lawyer regarding testing. The officer has no duty to beg you to take the test and what constitutes a "refusal" under the law is just about any reluctance on the part of the driver to take the test. If the police gave you these warnings, or they may have but you don't really remember, you could very well be facing a 1 year suspension from PennDOT. The good thing is, if you are arrested, you set yourself up for somewhat of a defense-the police have no blood or breath test results, they have no field sobriety tests, etc. It's your word and the word of your witness/witnesses that you hadn't been drinking against the word of the officer. Get a certified weather report for that day. Even if you beat the DUI with a jury or a fair judge, PennDOT may still pursue the refusal and one year suspension. If you have no record, you may want to consider ARD, ride a bicycle for a year, and put this behind you. Bikes are great exercise and I ride all the time and haven't even had a DUI. Get a good lawyer for the preliminary hearing to ask the officer all the important questions. Once the attorney reviews the discovery material (police reports), talk to him about your chances at trial. You might beat the case, but as I said, you still may have to litigate the "refusal".... Read Answer

The drinking after the accident defense is sometimes raised by clients but rarely used by an attorney at trial. The problem with the defense, is that nobody believes it. Why would someone get drunk after an accident knowing they will be interacting with the police? A beer and a couple of shots may not put you over the limit, but you will be arrested if you are over .08. If you want to use the drinking after the accident defense, you better have your parents be prepared to testify in order to corroborate your story. If this is your first DUI, you may be eligible for ARD which is a first time offender's program. With ARD, there is no admission of guilt and you are not convicted. If you complete the program your record is wiped clean (expunged). It's a hard deal for someone to pass up even when they have a somewhat decent defense. It is even harder to pass up if you have a lousy defense.... Read Answer

If what you say actually happened, the lesson for you to learn is that sometimes the police in a community are not much older nor more mature than the kids they arrest or stop. Sounds like they had no probable cause to stop you. If you or your friend had been arrested, your attorney could file a suppression motion in which the police encounter with you would be challenged. If you were not arrested or cited, consider yourself lucky and chalk it up to experience. Had the beer been located in a common area, you could have been cited for underage purchase, consumption or transportation, which not only carries a fine but a driver's license suspension as well. As far as you having any right to sue the officer in civil court, I don't think it's a good case but you may want to check with a civil rights or federal law attorney.... Read Answer

A turn signal violation provides the police with legal cause to stop, but the police still need to develop probable cause that you are DUI which requires more than a turn signal violation.  Get a good Pennsylvania DUI lawyer to analyze your case for free to find out if you have any defenses and/or go to the Pennsylvania DUI lawyer webpage by clicking this link for lots of helpful information.  You can also type it into your browser if you don't like to click links: http://fairlielaw.net/practice-areas/dui/  ... Read Answer