Wednesday, November 21, 2007

PA DUI Charges - Is there wiggle room?

In 2003 Pennsylvania tightened the reins on its DUI laws, lowering the legal blood alcohol percentage needed to show intoxication from .10 percent to .08 percent. Along with that shift, a new set of penalties went into place (with increased penalties for multiple offenders), showing the people that Pennsylvania took a strong position on driving under the influence. However, there is still some wiggle room to fight a DUI charge.

Basically, Pennsylvania will take to actions, one administrative (revoking of your licence and criminal (DUI charges). If you refuse a breathalyzer test, your licence is automatically revoked for a year. Driving is considered a privilege in every state.

The second action they will take is a DUI charge, and they will go about this in two ways. First they will use any blood alcohol test results. Secondly, they will establish that the driver appeared intoxicated. Usually the arresting officer will testify about your performance on road side sobriety tests.

In order to contest a DUI charge it is best if the driver does not provide a blood alcohol test (BAC), it simply gives the state of Pennsylvania more evidence. This action will cause the state to automatically revoke the drivers licence for one year. The second part of the states case can more easily be contested. It can be claimed that the arresting officer made an incorrect judgement call, as long as they don't have the driver stumbling on tape!

No matter what, get an attorney! Without a lawyer you don't have a chance, a good experienced attorney is the next best thing to not driving drunk at all! Although, not being in the situation in the first place is by FAR the best option. We recommend the following DUI lawyer for central pa. - Central PA DUI Lawyer

Thursday, November 15, 2007

Daddy, What's an Ignition Interlock?

You don't want to know. Ignition interlock is a device that is installed on motor vehicles to prohibit individuals under the influence of alcohol from operation the vehicle. Individuals are required to blow into the device before starting the vehicle. If the device detects alcohol, it will prevent the vehicle from starting. In addition, at periodic times during the operation of the vehicle, the driver will be prompted to blow into the device to ensure they are not under the influence.

If you have your kid blow into it like some losers then you will suffer the worse penalties listed below plus be charged with child endangerment.

Pennsylvania DUI / DWI Penalties

Due to high public support of DUI enforcement, penalties for repeat defenders can be harsh. Deaths caused by drunk driving accidents hit unacceptable levels during the late 1970’s and public support for a crackdown has been steady. Call a cab; it’s a lot cheaper in the long run. Penalties for repeat offenders very, depending on prior convictions, amount of alcohol in the offender’s blood, and the experience of the defending attorney, among other things. However, here is a list of what can be expected.

Repeat Offender Penalties:
Fines up to $5,000 or more
Up to five years or more in jail
Up to 5 years or more of probation
Driver's license suspension of up to 4 years or more
Restricted driver's license
Alcohol Awareness Classes (at your expence)
Alcohol or drug related evaluation and treatment program (at your expense)
Alcohol and drug testing (at your expense)
Community service (Free!)
Ignition interlock

For an accurate list of penalties by offence (1st, 2nd, 3rd, ect..) see Pennsylvania DUI Penalties

Trust me, it's cheaper to call a cab.. even in rural Pennsylvania. Your not getting out of a first offence for less the $10,000 (when all the fee's are added up), a restricted licence and a HUGE head ache from dealing with the crap that comes with it.. it's a terrible web you don't want to get tangled in. Getting an experienced attorney can help a lot though, they can save you a heck load in time, trouble and money.

Friday, November 9, 2007

THEE.. Pennsylvania DUI Blog has arrived!

This is the spot to post any information concerning the State of Pennslvanias laws, lawyers and penalties. I'm specificaly looking for anyone with information concerning these areas. I'll be posting lists of judges and lawyers as well so we can share information on them too. It is not the idea of this post to judge DUI and DWI offenders, but rather to provide information about what it happening in the legal system of Pennsylvania.