DRIVING UNDER THE INFLUENCE (DUI)

Know your rights! The DUI penalties in Pennsylvania were substantially increased in February of 2004. Now more than ever, it is important to obtain qualified, experienced representation to insure your rights are not violated. Your personal freedom and liberty can be compromised by not obtaining an experienced, knowledgeable attorney to handle your case. Driving under the influence requires mandatory jail time and mandatory license suspension. For these reasons, now more that ever, it is important to obtain an attorney who will insure your rights are defended.

The police are required to act and abide by the rules set forth in both the Pennsylvania and United States Constitutions. It is important to make sure your rights were not violated by improper police conduct. The police need reasonable suspicion and/or probable cause to believe criminal activity is taking place in order to stop a vehicle. Too often they act upon hunches that do not meet these requirements of the Constitution. Make sure your rights have not been violated by hiring an experienced attorney.

In February of 2004 Pennsylvania’s Legislature handed down new tougher DUI laws that broadened and enhanced the definition of driving under the influence and increased the penalties. Pennsylvania’s Legislature enhanced the definition of driving under the influence by lowering the legal limit of alcohol in the blood from .10% to .08%. Additionally, the penalties for driving under the influence were dramatically increased for those whose blood alcohol level exceeded .16% or for those who have controlled substances in their system. Other requirements, such as ignition interlock devices, have been added to the list of penalties imposed on DUI violators. License suspension periods have also been increased. Finally the laws of driving under a suspended license D.U.I. related have been dramatically changed, leaving some defendants facing a mandatory two years incarceration in state prison if convicted.

The charts to the right outlines the various penalties depending on your prior record for driving under the influence and your blood alcohol level of intoxication along with the penalties for driving under a DUI suspended license.

It’s not all bad news. First time offenders with no prior record are afforded the opportunity to participate in an Accelerated Rehabilitative Disposition program known as ARD. This program allows a first time offender who meets the criteria of the ARD program to avoid mandatory jail sentences and lower their license suspension from a year to as little as one or two months or no suspension at all. Additionally, as stated above, police cannot stop an automobile without a minimum of reasonable suspicion. Police cannot stop vehicles to satisfy their curiosity or on a hunch either. Both the Constitutions of Pennsylvania and the United States require an officer to be able to point to specific and articulable facts giving rise to reasonable suspicion and or probable cause to believe criminal activity is occurring. As Pennsylvania’s Legislature has made the penalties and definition of driving under the influence more severe in recent years, the Supreme Court and Superior Courts of Pennsylvania, in such cases as Commonwealth v. Gleason and Commonwealth v. Whitmeyer, have put a limit on why a police officer can stop a vehicle for suspicious or erratic driving. It is important to have an attorney who knows the law fighting for your rights.

CALL TODAY
AFFORDABLE RATES!

610-279-5700

Frank C. Flick, Esq.
536 Swede Street
P.O. Box 1140
Norristown, PA 19404

If 3+ convictions w/in 5 yrs., then prohibit firearms

DUS/DUI

Section 3808: Illegally Operating Motor Vehicle Not Equipped With Ignition Interlock:
If no alcohol, then graded (S) $300 min fine, $1,000 max fine, up to 90 day max jail term
If alcohol .025 or greater, then graded (M3) $1,000 min. fine, 90 day MIN. jail term