When You Have Been Stopped for or Charged with DUI for the First Time

December 5, 2011 by

It can happen to just about anyone. You go out to dinner or stop at a friend’s house. You have a couple of beers or a glass or two of wine. On the way home, you get stopped by police, who ask if you have had anything to drink. When you answer honestly, they ask you to submit to field sobriety tests, or may immediately request that you take a breathalyzer or blood alcohol. If you haven’t been charged yet, what can you do? If you agree to take the test and your blood alcohol exceeds the legal limit, what are your options?

If you haven’t been arrested yet, but have just been pulled over, the first question you should ask is why the police officer made the traffic stop. Law enforcement officers must have probable cause to pull you over. You must have committed a traffic violation or the officer must have reasonable belief that you have violated the law. You don’t need to get into a debate with the officer over whether or not there was good cause to pull you over, but your attorney will want this information.

If the police officer requests a field sobriety or blood alcohol test, can you legally refuse? The answer is yes. Pennsylvania has an implied consent law, which states that anyone who operates a motor vehicle on the roadways in the state impliedly consents to chemical testing to determine blood alcohol content. Even so, you still have the right to refuse to take the test. However, the consequences of refusal can be significant. You will lose your driving privileges for a minimum of one year, and your charge will be placed in a higher tier for purposes of sentencing, which means your punishment will likely be more severe.

If you take a breathalyzer or blood alcohol test and fail, you still have rights. Don’t think that you should just plead guilty and throw yourself on the mercy of the court. Your lawyer can still examine the facts and circumstances of your arrest, to determine whether your constitutional rights were violated. If the police lacked probable cause to stop you, or failed to advise you of your rights when taking you into custody, some or all evidence obtained may be inadmissible in court. Furthermore, field sobriety and BAC tests may have been improperly conducted, or the test results may have been compromised.

At Laguna Reyes Maloney, LLP, we prove a free initial consultation to every client. Contact us by e-mail or call us at 717-233-5292 to schedule a meeting with one of our attorneys. We speak Spanish and understand the impact a criminal charge can have on your efforts to become or remain a permanent citizen.

Filed Under: Criminal Defense, DUI Tagged With: , , , , , , , , , , , , , , , , , , , ,

Field Sobriety Tests and DUI Arrests

September 27, 2011 by

Harrisburg DUI Defense Attorneys

Most people that have been arrested on a charge of drunk driving don’t stop to think about their field sobriety test and whether it should be challenged. Too often people arrested for DUI assume that a failed field sobriety test constitutes additional proof against them that they were driving drunk. What most people arrested for DUI don’t realize is a field sobriety test must be given according to a certain protocol. Some police departments require officers to be trained in how to properly conduct a field sobriety test; others, however, do not. Since field sobriety tests are used to establish probable cause to administer a breath test or make a DUI arrest, if conducted improperly the court may be compelled to dismiss the DUI charge against you.

Conducting a Field Sobriety Test – Issues to Consider

Most police departments use the National Highway Traffic Safety Administration’s DWI Detection and Standardized Field Sobriety Testing Student Manual when training officers in how to conduct field sobriety tests. The manual is technical and thorough in places, specifying the conditions under which a field sobriety test must be given as well as what an officer is supposed to do if a suspect stops momentarily, shifts his or her weight, or raises his or her arms above a certain height. Field sobriety tests are supposed to be given on even, dry pavement. As such, whether or not your test was given on a slight incline, if it was raining or snowing at the time, or if there was broken pavement in the area may determine whether or not your field sobriety test can be used against you.

How Reliable are Field Sobriety Tests?

A common criticism of the field sobriety test is that it’s simply not reliable enough. First, the officer who administers it acts as your judge and jury: he’s the one that conducts the test AND the one who judges whether or not you passed it. As such, you’re at the mercy of the knowledge and skill of the officer who conducts the test.

Secondly, in a study conducted by S. Cole & R.H. Nowaczyk, officers were asked to watch a film of 21 people with a blood alcohol content (BAC) of 0.00 perform the field sobriety test. Of the officers selected to participate in the study, 46% thought the people on film had had too much to drink. This raises serious questions about the reliability of the field sobriety test and the ability of officers to make a good determination of whether or not someone has failed it.

Arrested on a DUI Charge? Contact Laguna Reyes Maloney, LLC

If you’ve been arrested for DUI, contact Harrisburg DUI defense attorneys at Laguna Reyes Maloney, LLC today. We can evaluate your DUI case and determine if there is good reason to believe your field sobriety test was administered improperly.

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Pennsylvania DUI Offenses

July 15, 2011 by

If you have been arrested for or charged with drunk driving in Pennsylvania, the consequences will differ somewhat based on whether or not you have been convicted of a similar offense in the past. Here is an outline of the sanctions you face if found guilty of DUI in PA:

First Offense

For a first offense, whether you are charged with simple violation of blood alcohol content laws, have a high BAC or the highest BAC, you will be charged with an ungraded misdemeanor. Your sentence can be no more than six months, and can including up to 72 hours of consecutive jail time. The fines can range from $300 to $5,000, with your license suspended anywhere from two months to twelve months.

Pennsylvania has a zero tolerance law of DUI for anyone under the age of 21. If you are convicted of violating the zero tolerance law, you face the possible suspension of your driving privileges for one year, mandatory drug and alcohol evaluation, a fine of up to $500 (along with court costs and restitution), and attendance at a state-approved alcohol highway safety program. If you are younger than 18, you can also face a complaint in juvenile court.

You can get a limited license to travel to and from work after a first DUI offense. You may also be required to complete 150 hours of community service.

Second Offense

For subsequent offenses, minimal and high BAC offenses are still ungraded misdemeanors, but charges involving the highest level of blood alcohol are a 1st degree misdemeanor. Jail sentences can be up to six months. Fines can be as high as $5,000, and not less than $1,500 for highest BAC offenses. You can lose your license for up to 18 months.

Zero tolerance laws are similar, and occupational licenses are subject to strict guidelines.

At Laguna Reyes Maloney, LLP, every client receives a free initial consultation. Contact us by e-mail or call us at 717-233-5292 to schedule a meeting with one of our attorneys. We speak Spanish and understand the impact a criminal charge can have on your efforts to become or remain a permanent citizen.

Filed Under: DUI

The Importance Of An ALR Hearing

July 15, 2011 by

If you have been charged with drinking and driving in Pennsylvania, you will face an administrative proceeding regarding the suspension or revocation of your license, as well as a criminal hearing to determine guilt or innocence, and any penalties to be assessed. At the administrative proceeding, you may be assessed additional penalties if your blood alcohol level was greater than .08% or you refused to take a breathalyzer test. Your license could be suspended anywhere from 6 months to 18 months, depending on how many times you have been convicted.

At the ALR hearing, you will have the opportunity to show why your driving privileges should not be suspended. At this hearing, you can request a conditional occupational license, which will allow you to continue to operate a motor vehicle for limited purposes, including driving to and from work, to the doctor’s office or to other essential appointments. You can challenge efforts to have your driving privileges suspended, but you must request a proper hearing to do so. The request must be made within 10 days of your arrest on DUI charges.

When you challenge the revocation or suspension of your license at an ALR hearing, you can make many of the same arguments available in other criminal proceedings. You can challenge the traffic stop, alleging that police did not have probable cause to pull you over. You can question the legality of field sobriety or breath/blood alcohol tests. Successfully challenging the administrative revocation or suspension of your license can allow you to keep your job and maintain your lifestyle.

At Laguna Reyes Maloney, LLP, every client receives a free initial consultation. Contact us by e-mail or call us at 717-233-5292 to schedule a meeting with one of our attorneys. We speak Spanish and understand the impact a criminal charge can have on your efforts to become or remain a permanent citizen.

Filed Under: DUI Tagged With: , , , , , , , , , ,

The Inaccuracy of Breathalyzer Tests

May 27, 2011 by

In a DUI / drunk driving case, the prosecutor will rely on the results of a breathalyzer test to obtain a conviction against you. However, breathalyzer tests are not always reliable, and the results can often be tainted by other factors. In fact, recent scientific studies have shown that results can vary as much as 15%, and that breath tests can provide different results from blood tests as often as two out of every three times. Don’t plead guilty to drinking and driving just because police have a breathalyzer test result that puts you over the legal limit.

There are a variety of ways to that breathalyzer test results can be compromised:

  • The presence of other chemicals near the test subject can skew the results. For example, if you work with paints or other chemicals, or if you wear alcohol-based cologne or perfume, you can get a false reading. The use of mouthwash can alter the reliability of breath tests, as can vomit or blood in the mouth. Even high consumption of bread can lead to a false positive.
  • Other health conditions can affect the results. If you are diabetic, you may get an inaccurately higher breath alcohol reading. By the same token, if you are anemic (low blood iron), you can also test high. Furthermore, medication that you are required to take can combine with small amounts of alcohol to give a false reading.
  • There can be a break in the chain of custody. If you can show that the breathalyzer tests left the custody of police at any time, you can argue that the results could have been tainted when outside of custody.

    • At Laguna Reyes Maloney, LLP, every client receives a free initial consultation. Contact us by e-mail or call us at 717-233-5292 to schedule a meeting with one of our attorneys. We speak Spanish and understand the impact a criminal charge can have on your efforts to become or remain a permanent citizen.

Filed Under: DUI Tagged With:

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