CRIMINAL DEFENSE

The answer is often yes. The length of license suspension will depend on any prior history of DUI offenses and how high your blood alcohol level was. 

For a first-offense DUI, there is a 12-month license suspension if your BAC was .10 or greater. However, if you are offered and accept Accelerated Rehabilitative Disposition (ARD), then the license suspension may be between 30 to 60 days. 

If you already have a prior DUI, and you plead guilty or are convicted, you will be subject to a license suspension of 12 to 18 months. However, you may be able to drive after the first 6 months with an ignition interlock. 

Further, if you are under the age of 21, there is a 12-month license suspension for any alcohol in your system. Again, however, you may be able to drive after 6 months with an ignition interlock.

If you are found guilty, the court-imposed fine will depend on any prior history of DUI offenses and the extent of impairment. There are three distinct categories used to classify impairment and the associated penalties. It is important to keep in mind that in addition to the court fines, there may also be court handling fees which are generally between $150 to $1,000. The penalties for a DUI can be significant, that's why it is so important to consult with a DUI attorney as soon as possible. 

General Impairment: 

• A BAC of less than .10%. 

High Rate: 

• A BAC of between .10% and .159%. 

Highest Rate: 

• A BAC of .16% or greater, refused required chemical testing, or under the influence of a controlled substance.

FIRST OFFENSE: 

General Impairment = between $300 and $500 dollars. 

High Rate = between $500 and $5,000. 

Highest Rate = between $1,000 and $5,000. 

SECOND OFFENSE: 

General Impairment = between $300 and $2,500. 

High Rate =between $750 and $5,000. 

Highest Rate = between $1,500 and $10,000. 

THIRD OFFENSE OR MORE OFFENSES:

General Impairment = between $500 and $5,000.

High Rate = between $1,500 and $10,000 

Highest Rate = between $2,500 to $10

A DUI conviction can remain on your record for life unless it is expunged or given limited access. Completion of the ARD program will generally allow you to have the record expunged. However, even with successful completion of the ARD program, there will be a notation on your driving record for at least the next 10 years. This often contributes to increased rates for auto insurance. 

It is important to discuss your specific circumstances with a DUI attorney.  

If you have recently been charged with a crime for the first time, you may be hearing the three letters “ARD”, but what is this program? ARD stands for Accelerated Rehabilitation Disposition. This is a program that is in place for people who have no prior criminal record (or a very minor one), and who have been charged with a non-violent offense, such as DUI or possession of a controlled substance. 

Under the program, your case is placed on hold while you complete the requirements set out by the District Attorney’s Office. If you successfully complete the requirements, then the case can be dismissed completely, and you will have no criminal record. The specific requirements vary from case to case, but they typically include things like community service, driving courses, drug or alcohol counseling and screening, license suspension, and costs. For DUI, it is important to note that although you will not have a criminal record upon successful completion of ARD, the DUI will still appear on your driving record.  

The ARD program can sometimes be a great option. However, the decision of whether to offer ARD is at the discretion of the prosecutor. For this reason, if you are thinking ARD may be a good option for you, it is critical that you have an attorney negotiate with the prosecutor.

 If you are considering ARD, I invite you to schedule a free consultation with me. I welcome the opportunity to meet with you and discuss your specific case.  

In some cases, you can be sentenced to jail time if you are convicted. The primary factors in determining whether you are sentenced to jail time are (1) prior history of DUI offenses and (2) the level of impairment at the time of the arrest. If you are a first-time offender with a BAC of under .1%, jail time is not a suggested penalty for the offense. However, this does not mean that you can never go to jail for a first offense. If it is a first offense with a BAC of over .10%, the sentencing guidelines do include the possibility of jail time.

If your child has recently been charged with a DUI, it can be incredibly scary. Any parent will be concerned about how this could impact their child’s potential for success later in life.  

If your child is under 18 years old, the case will often be handled in the juvenile courts. This does have substantial benefits in terms of sentencing. However, the minor will likely have their driving privilege suspended.  

If your child is over the age of 18, you may still be concerned about what impact this will have on them. It is important that you talk to your adult child about obtaining an attorney. It is important to note that a parent can pay for their child’s legal representation, but the attorney will still have to consider the child as their client. If your child has been charged with a DUI, I invite you or your child to schedule a free consult with me.  

The court will not contact your employer to tell them that you have been charged or convicted of DUI. However, if your employer performs a background check, they will see any conviction on your criminal record, including a DUI.

If you complete the ARD program, then the employer will see the notation if they were to pull your driving record.  

A DUI conviction can carry severe penalties. You need to have someone in your corner-someone that is looking out for your best interest. It is critically important that you have an attorney review the specific facts in your case. I invite you to schedule a free consultation so that we can discuss the circumstances that you are facing. We will arrange a time and place that works best for you. Whether that is in-person, over the phone, or even by zoom.  

Your first court appearance will be a Preliminary Hearing. When you get your court date for DUI is going to initially depend on whether you are in police custody or not.  If you are in custody, the Preliminary Hearing must be held within 72 hours of the time that you were arrested. If you were released from custody, then the Preliminary Hearing will usually occur within 30 to 60 days of the date that you were arrested. It is critically important that you have a local attorney representing you during the Preliminary Hearing because it is possible to have charges dismissed or amended at this stage.

If the local Magistrate determines that the prosecution has sufficiently shown probable cause that you have committed the crime alleged, then the case will go to the Court of Common Pleas. If it appears that the officer violated your rights or the traffic stop was invalid, then your defense attorney can attempt to prevent the prosecution from using the evidence. This is called a Motion to Suppress. If the case is not resolved and no plea is reached, then it will go to trial. You have a constitutional right to have the case decided by a jury of your peers.  

Generally, crimes are broken into three separate categories. The least severe is called a summary offense. This includes things like traffic violations or underage drinking.  

Misdemeanors are crimes that are considered more severe than summary offenses, but less severe than felonies. Misdemeanors are divided into three categories based on the severity of the alleged offense.  

• A first-degree misdemeanor is punishable by up to 5 years of incarceration and a fine of up to $10,000.  
• A second-degree misdemeanor is punishable by up to 2 years in jail and a fine of not more than $5,000.  
• A third-degree misdemeanor is punishable by up to 1 year in jail and a fine of not more than $2,500.  

A felony is considered the most serious type of offense. Like misdemeanors, felonies are separated into three categories based on the severity of the alleged offense.  

• A first-degree felony is punishable by up to 20 years of incarceration and a fine of up to $25,000.  
• A second-degree felony is punishable by up to 10 years of incarceration and a fine of up to $25,000.  
• A third-degree felony is punishable by up to 7 years in prison and a fine of up to $15,000.  

It is important to note that a felony conviction carries other repercussions that can have an impact on the defendant for the rest of their life. If you have been charged with any offense, it is important that you contact an attorney as soon as possible.  

The driver of a car has an expectation of privacy against unreasonable searches of their car by the police. However, if the driver consents to search the car, then any evidence found can be used against you. It’s important to know that if the police ask to search your car, you always have the right to refuse consent. Without consent or a warrant, in order to search the car, a certain exception to the warrant requirement will have to apply. 

One exception is simply called the “automobile exception”. Under this exception, the officer can search the car without a warrant if the officer has probable cause to believe that the car contains evidence of a crime. Notably, the Pennsylvania Supreme Court has recently held that the mere odor of marijuana, without other facts, is insufficient to support probable cause for a warrantless search. 

A second common exception that permits an officer to search a vehicle is called the “plain view doctrine”. Under this exception, the police conduct a search if they are able to observe an item that’s criminal nature is immediately apparent. This often comes up in the context of police seeing an item through the window during a traffic stop.

If you are facing charges resulting from a traffic stop or vehicle search, I invite you to schedule a free consult with me to discuss the specific facts of your case.   

Many people know the feeling of seeing those blue lights in their rear view mirror--it can be a heart sinking feeling. Yet most people do not consider whether their traffic stop was legally valid or not. If a police officer wants to pull a driver over, they must have at least reasonable suspicion or probable cause that a violation of the law has occurred. 

Reasonable suspicion is a lesser degree of certainty than probable cause. The officer only needs to have reasonable suspicion if the stop is necessary to further investigate whether a violation of the law has occurred. Reasonable suspicion means that the officer must be able to point to specific articulable facts, which taken together with rational interferences, would lead the officer to believe there may be a violation of the law. The key term is "articulable" meaning that even under the reasonable suspicion standard, a mere hunch is not enough for the police to stop a vehicle. 

However, when a stop is not necessary to determine whether a violation has occurred, then the officer must have probable cause. This is the case for things like speeding violations---where it is clearly not necessary for the officer to stop the car in order to determine if they were speeding or not. Probable cause does not require the officer to be certain that the driver is breaking the law, but they must have at least some reasonable inferences to suggest that. 

You probably wonder why it really matters whether reasonable suspicion or probable cause is required. It is your constitutional right to be protected from unreasonable seizures, and if the officer lacked the necessary level of suspicion to stop the car, then any evidence derived from the stop may be tossed out. In other words, the distinction can be a pretty big deal if you are facing charges resulting from a traffic stop.

I hope that this information helps you better evaluate the legality of your traffic stop. However, the side of the road is never the place to debate these issues. Instead, if you are facing a charge or citation resulting from a traffic stop, I invite you to schedule a free consultation with me to discuss the circumstances in your case.