Felony DUI in Pennsylvania

In Pennsylvania, most DUI charges, even if you are a multiple offender, are treated as misdemeanors. Even if you are arrested for a third DUI offense with the highest blood alcohol content penalties, you will only be charged with a first degree misdemeanor, with a possible prison sentence of one to five years, the suspension of your license for up to 18 months and a potential fine of $10,000. To be charged with a felony DUI in Pennsylvania, you must be charged with drinking and driving, and it must be shown that, while driving intoxicated, you caused bodily injury (including death) to another person.

Though felony DUI cases are rare, they are high profile cases that prosecutors love to exploit. If you have been charged with felony driving under the influence, you need to take appropriate steps to protect your interests.

• Hire an experienced lawyer — Just because you failed a breathalyzer or blood alcohol content (BAC) test does not mean that you have no defenses, and should plead guilty and throw yourself on the mercy of the court. Police and prosecutors make mistakes all the time. In their haste to accumulate arrests and convictions, they may violate your most basic rights. Police may pull you over without establishing probable cause. They may take you into custody without properly advising you of your Miranda rights. They may use illegal or incorrect field sobriety tests, or may take steps that compromise the integrity or validity of breathalyzer or blood alcohol tests.

• Say as little as possible — You have a constitutional right to remain silent. Exercise it. The police may use a variety of tactics to get you to talk, telling you that they are simply trying to help, or threatening you with greater sanctions if you don’t cooperate. Don’t talk to police until you have your lawyer present.

• Don’t help the police do their job — Don’t mistakenly believe that you can clear everything up, if the police will just listen to you. In almost every situation, you will end up making things worse. Your lawyer is trained to protect your rights, and won’t inadvertently make statements that tend to incriminate you.

At Laguna Reyes Maloney, LLP, all prospective clients are entitled to 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.

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

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.

Field Sobriety Tests and DUI Arrests

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.

The Importance Of An ALR Hearing

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.

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