UNDER THE INFLUENCE (DUI)
You just had a few drinks with friends
and are on your way home when, suddenly, police lights are flashing in your rear-view
mirror. A million thoughts run threw your head
will I go to jail?...will
I lose my license?...will I lose my job?...what punishment will I get?...DO
I NEED AN ATTORNEY?
If you have been arrested in the Pittsburgh area
for a DUI, you need an experienced attorney to help you. Remember, the Police
Department and the District Attorney's Office will use all of their personnel,
resources, and training to prove you are guilty. Do you
really want to go it alone?
Even a 1st offense is a very serious
matter in Pennsylvania. No longer is drunk driving treated as a "glorified"
traffic ticket. You are facing stiff fines, court-ordered license suspension,
and even jail time.
While there are several sections to the Pennsylvania
DUI laws, 75 Pa.C.S.A. §3802(a) states, General Impairment - (1) A person
may not operate a motor vehicle after she or he has consumed a sufficient amount
of alcohol that she or he is not capable of safely driving; (2) A person may be
charged with this type of DUI if she or he has consumed a sufficient amount of
alcohol that his or her BAC is between .08% and .10% within two (2) hours of operating
a motor vehicle.
Under Pennsylvania law, your punishment depends on you
Blood Alcohol Level (BAC). Compared to other states where you are either over
the limit or not, Pennsylvania has a somewhat confusing 3 Tier system for DUI.
The 3 Tiers for BAC are:
2) .10% - .159%
.16% and higher
Refusal to submit to a chemical test will automatically
require punishment at the .16% and higher level - even if
this is your 1st offense and you are not intoxicated!
Based on the
3 Tiers above, punishment for a 1st Pennsylvania DUI Offense is:
1) BAC .08
- Jail - no jail: 6 Months Probation
- Fine - $300
Suspension - None
- Alcohol Highway Safety School Required
BAC .10 -- .159
- Jail - 2 days to 6 months
- Fine -- $300 to
- License Suspension - 1 year
- Alcohol Highway Safety School
3) BAC .16 and higher (or REFUSAL to submit to Chemical testing)
- 3 days to 6 months
- Fine -- $1,000 to $5,000
- License Suspension
- 1 year (with Limited Occupational License Possible After 60 Days)
Interlock Device may be required
- Alcohol Highway Safety School Required
and Alcohol (D&A) assessment and treatment.
only means you have been accused of doing something wrong. It does not mean you
are guilty. We will help you fight your case. Remember,
in the United States, the BURDEN OF PROOF is on the prosecution to prove you are
guilty beyond and to the exclusion of every reasonable doubt.
we must fight the traffic stop. Did the police have REASONABLE SUSPICION that
you committed a violation of the Motor Vehicle Code? What evidence do the police
After the police stopped you, did they properly administer the Standardized
Field Sobriety Tests? Were the chemical tests administered properly? Was the equipment
The police routinely say the driver had the indicia
of impairment: glassy, bloodshot eyes, slurred speech, fumbled with their wallet,
or had an odor of alcohol. Many of these seemingly damning signs can be explained
away with medical or other reasons which we need to investigate. For example,
many conditions, such as allergies, can make your eyes glassy and bloodshot. And,
most people would naturally be nervous when pulled over by the police, and fumble
with their wallet.
You will not go it alone. We will help you through this
painful and confusing process. We will sit with you and review your case and the
evidence against you. We will advise you of your rights. We will advise you as
to the best course of action. We will tell you when and where you must appear
for court. Of course, when we tell you the day and time for court, please be at
least 45 minutes early and dress appropriately. Call now for a free consultation
and some piece of mind.
For more information
or to schedule a private case evaluation with the Schwendeman Law Firm, call 855.674.9898
or Email at email@example.com