DUI Frequently Asked Questions
October 3rd, 2011
After being arrested am I going to go to Jail?
Punishment in typically up to the sentencing judge’s discretion and is dependent on two things: the severity of the crime and prior criminal record. Sentences can range from a fine and/or probation for simple misdemeanors to state prison time for serious felonies. Some charges carry mandatory sentences in which a judge has no discretion and is be required to impose incarceration that is set by the law. Intermediate punishment such as Work Release or House Arrest is determined by the sentencing judge.
I have never been arrested before – what is going to happen to me?
If this is a first offense, and the crime is a non-violent misdemeanor, an individual may be eligible for the Accelerated Rehabilitative Disposition program, known as ARD. If ARD is approved by the District Attorney, the individual does not have to plead guilty, is not convicted of a crime, and the charges are eventually dismissed after payment of fines and successful completion of a probationary period. Admission into the ARD program is determined solely by the District Attorney and if approved, your arrest record can be expunged once the program is completed.
I was not read my rights (Miranda warnings)
Contrary to popular belief, Miranda warnings are not required when someone is arrested. Miranda warnings are needed when an individual is in custody (not free to leave) and is asked a question by police, to which the answer could incriminate the individual. If you answered incriminating questions and Miranda warnings were not given, you could file a Motion to Suppress Evidence to have your statements thrown out of court. The case will not be dismissed for lack of Miranda warnings, but any incriminating statements could be suppressed.
The police did not have a reason to stop me/search me
If the police did not have probable cause to stop and/or search you, a Motion to Suppress Evidence should be filed in the Court of Common Pleas. At this hearing, the police must prove to a Judge that the stop or search was valid. If the judge rules that the stop or search was unconstitutional, then all of the evidence of the case is suppressed and the case is dismissed.
If I am convicted, can my record be expunged?
In Pennsylvania, the law states that a conviction cannot be expunged by a Judge until the individual turns 70 years of age. The only way to remove a criminal record is to receive either a governor’s or presidential pardon.
It is important to retain an experienced criminal defense attorney as soon as possible after an arrest.
Arrested for a DUI in Pennsylvania
September 30th, 2011
DUI in Pennsylvania If you have recently been arrested for DUI you are now facing a very important decision – - which attorney you will hire to represent you. If you are found guilty of Driving Under the Influence, you will be faced with mandatory jail time, fines, and at least a one (1) year suspension of your driver’s license. If you have not yet received the Criminal Complaint, you should be receiving it shortly in the mail, along with a summons to appear in District Court for your Preliminary Hearing. The next step in the process is to hire an experienced criminal defense attorney to represent you in court and fight for your rights. Jail time is mandatory if your Blood Alcohol level (BAC) exceeds .10%. Jail sentences range from 2-3 days minimum for a first offense, 30 – 90 days in jail for a second offense and up to one year in jail for a third or subsequent offense. If you are a first time offender, you may be eligible for the ARD program in which the charges are eventually dismissed after completion of classes and payment of fines. In order to be found guilty, the State must prove that you drove, operated or were in actual physical control of the vehicle while your blood level was over .08%. The police do not have to observe driving; they just need to prove that you were in control of the vehicle’s movement. Pennsylvania courts have consistently ruled that more is needed that a driver found behind the wheel of a vehicle. At a minimum, the vehicle must be on and there must be additional evidence that the vehicle was driven to that location. My firm has obtained not guilty verdicts in cases like these, especially cases where the vehicle was found in a parking lot of a bar or restaurant and no driving was observed. License suspension, like jail time, is also mandatory, ranging from no suspension for the lowest level, to 18 months for a multiple offender in the highest level (over .16%). There are limited situations where a driver may get an Occupational Limited License, aka a “Bread and Butter” license to drive to and from employment. If you were stopped for DUI it is extremely important that you obtain legal representation as quickly as possible to begin investigating any potential defenses you may have available to you.
