In Pennsylvania, there are many arrests made daily for intoxicated driving. Those arrested are often people who made a mistake, were targeted, or were completely fine to drive. However, Law Enforcement and Prosecutors consider DUI to mean one thing: intoxicated driving. Intoxication may be the result of alcohol or another chemical substance (e.g., marijuana), or both. Unfortunately, a DUI arrest and conviction can have devastating consequences. To make matters worse, a DUI can be a difficult charge to successfully challenge and often times, people think they have no option but to plead guilty, especially when a blood or breath test has been obtained. However, with the help of an experienced and aggressive DUI defense attorney, there are usually a variety of options to attack a DUI charge.
At the Law Office of Melanie Wiesman, I review the facts of each case to determine how best to proceed. Whether it's fighting to throw the entire case out due to a bad stop, challenging the legality of the breath or blood test, or seeking an outright dismissal through the Accelerated Rehabilitation Disposition (ARD) program, I promise to pursue every option to get you the justice you deserve. In order to effectively protect your criminal record, driving privileges, and freedom, it is important to have a DUI lawyer that has exceptional experience and is not afraid to litigate. Contact me at 717-430-0042 to learn more about how I will aggressively defend your DUI charge. In the meantime, here are some of the most commonly asked questions I get from clients when I first meet with them about their intoxicated driving charge:
What is “Blood Alcohol Content (BAC)” level?
Blood alcohol content (BAC) is a measurement of the amount of alcohol found in the blood expressed as a percentage. A BAC of 0.08 means there is 0.08% alcohol by volume. Measuring BAC is a way for law enforcement to calculate the amount of alcohol someone has had and their ability to drive a motor vehicle.
What are my rights during DUI traffic stops?
If you are pulled over due to suspicion of drunk driving or pulled over for a traffic stop and then the police officer suspects intoxicated driving, you should remember you have certain rights:
- You have the right to remain silent (except you must show the police your driver's license, registration, and proof of insurance upon request)
- You can refuse field sobriety testing
- You can refuse a portable breath test
You may refuse to tell the officer how much you've had to drink, where you've been, and where you were heading. There is nothing wrong with this. Police officers are trained to gather this information and use it against you - they want you to talk so they can observe signs of slurred speech, detect the odor of alcohol on your breath, etc. Trust me, the officer is not looking out for your best interests and until you've secured an experienced DUI defense attorney, only you can look out for yourself. Don't think you will hurt the officer's feelings and don't think you can talk your way out of a DUI. You have the right to remain silent - USE IT! After you've been accused of DUI, try to write down everything you remember, including the police officer's agency, demeanor, and details surrounding the traffic stop and your arrest.
What are Standardized Field Sobriety Tests (SFSTs)?
Standardized field sobriety tests (SFSTs) are tests approved by the National Highway Traffic Safety Administration (NHTSA). These tests are allegedly designed to help police determine whether a driver is intoxicated or not.
There are three standardized SFSTs:
- Horizontal Gaze Nystagmus Test (HGN test)
- One-Leg Stand Test (OLS test)
- Walk-and-Turn Test (WAT test)
The results of these tests may be used as evidence against you in your DUI case. Non-standardized tests, on the other hand, are not validated by NHTSA and are typically not admissible as evidence.
Non-standardized SFSTs include:
- finger to nose test
- the finger count test
- the hand pat test
- the alphabet test
- the reverse counting test
What are the different levels and consequences of DUI Offenses in PA?
In Pennsylvania, DUIs are classified into three different levels:
1. General Impairment (.08 to .099% BAC)
2. High BAC (.10 to .159% BAC)
3. Highest BAC (.16% and higher)
The standard penalties for a DUI conviction depend on the level and number of prior DUI offenses:
General Impairment Penalties (Undetermined BAC, .08 to .099% BAC)
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No Prior DUI Offenses |
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1 Prior DUI Offense |
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2+ Prior DUI Offenses |
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High BAC penalties (.10 to .159% BAC)
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No Prior DUI Offenses |
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1 Prior DUI Offense |
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2 Prior DUI Offenses |
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3+ Prior DUI Offenses |
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Highest BAC penalties (.16% and higher) or Controlled Substance
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No Prior DUI Offenses |
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1 Prior DUI Offense |
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2 or More Prior DUI Offenses |
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Can I just plead guilty to drunk driving?
An arraignment is a hearing where the accused can plead guilty, no contest, or not guilty. You can plead guilty, but the real question is whether you should or not. It would be a mistake to plead guilty at this time, especially without the counsel of a drunk driving lawyer in York County, and there are multiple reasons for this.
- If you plead guilty immediately, you lose any opportunity to fight the DUI charge.
- If you plead guilty immediately, you also lose any opportunity for a plea deal, if that is what would be best in your unique circumstance. Admittedly, a plea deal means you would plead guilty, but the process can render a better outcome than an immediate plea of guilty. In some instances, you may be able to plead down to a lesser offense.
- The sentencing is often harsher when given in response to a plea of guilty during the arraignment, as opposed to what a plea deal would entail or a sentencing after a conviction would impose. The reason is simple: you have time to mitigate and negotiate.
If it's your first drunk driving charge, it can be tempting to plead guilty right away so that you can get the case over faster and get on with your life. But if you do not fight to get the charge dismissed or to get yourself acquitted, it will be your first drunk driving charge. With the latter on your record, you want to keep in mind that subsequent DUI convictions will assuredly lead to harsher penalties.
Do I need a drunk driving lawyer in Pennsylvania to win my DUI case?
If you have been accused of DUI, it is in your best interest to have an attorney represent you. The law can be complex. The evidence can be highly technical and scientific. Police and state expert testimony can be damaging. All these things can lead to a conviction that comes with mandatory penalties, unless you have the necessary skills and knowledge to successfully counter them. Most alleged DUI offenders do not have that kind of knowledge or skill.
At Law Office of Melanie Wiesman, I know the law and the technical, scientific make-up of field sobriety tests, blood tests, and breath tests. I also know how to identify and proactively address any constitutional rights violations to benefit your case. Contact me today at 717-430-0042 to schedule a Free Consultation and get honest advice on your best legal options.
