DUI/DWI FAQ

Yes. In Pennsylvania, this is so even though, by definition, someone who enters the diversion program known as ARD does not admit any wrongdoing, does not enter a plea of guilty, and is not technically convicted of DUI.

No. You can be convicted for DUI by driving while over the legal BAC limit or while impaired even if you’re not actually driving the car. The key is whether you had the capability and power to dominate, direct, or regulate the vehicle. It doesn’t matter whether you were actually exercising that power at the time. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI because you are in actual physical control of the car. There are, however, exceptions to this general rule which must be considered before you decide to seek ARD or plead guilty.

In Pennsylvania, you are not required to perform field sobriety tests. Still, whether you have the right to consult with a lawyer before deciding if you will submit to field sobriety test is a commonly asked question. The answer is No. In Pennsylvania, your right to a lawyer or to advice of counsel does not “attach” – come into being – until you are formally arrested or placed in “custody.” This happens when, under all of the circumstances, a reasonable person would not feel free to drive away. The facts of the case determine this. (This is why a good question for you to ask the officer is: “Am I under arrest?”) Still, if at any time during the officer’s stop, you believe that you need a lawyer, it is always good policy to ask for one. Please remember to be polite and courteous at all times. You must refrain from any rude, disrespectful, or “know it all” behavior.

Yes. You must appear in Court on the date and time set for your preliminary hearing. If you fail to appear, a warrant for your arrest will be issued. (This is called a bench warrant.)

You are not legally required to take a field sobriety test in Pennsylvania, and you can respectfully and politely decline to take it. However, you are required to take chemical tests to determine your blood alcohol concentration (“BAC”). If you refuse to take a chemical test, there are serious consequences, such as the loss of your driver’s license for a year. Remember: always be polite and courteous to the officer.

Maybe. It will depend on the particular charges you face, your driving record, and whether you have had an OLL in the past. In Pennsylvania, a number of offenses preclude a motorist from receiving an Occupational Limited License (OLL). And when a motorist can receive an OLL depends upon the nature of the offense which triggered the suspension and the driving history of the motorist. Several of the offenses which, upon conviction, render a motorist ineligible for an OLL include passing a school bus, homicide by vehicle, fleeing a police officer, homicide by vehicle while DUI, reckless driving, accident involving death or injury, and an ARD-ordered suspension for DUI, among others.

The Commonwealth must show that your arrest meets the minimum requirements established by law. At this hearing, the Commonwealth must make at least a prima facie case – that is, at least a minimal showing – that a particular crime was committed and that you are probably the one who committed it. At this stage, the Commonwealth doesn’t have to prove your guilt beyond a reasonable doubt. In order to meet its burden, the Commonwealth must only present some evidence regarding each of the material elements of the crime charged. If the government can’t meet this burden, your case will be dismissed.

Many people who face DUI allegations have never been in trouble before. For this reason, they have not needed a DUI lawyer until now and do not know how to choose one. You will not find the answers you need in the yellow pages. All of the ads there appear to be mostly the same, except for maybe the size and the amount of color in the advertisement. Most claim to be “aggressive” or “experienced,” but, you probably ask yourself, “What does that really mean?” Like any other important decision you make, you need information. The more information you have, the better. The better the information, the better your decision. And the information you need to choose the right DUI attorney for you and your case cannot be found inside (or on) a telephone book. You have to ask questions to get good information. And the answers you receive can make all the difference to you and your family.

In Pennsylvania, for the purpose of determining the statutory minimum and maximum penalties for a DUI conviction, the Court considers any criminal history within the past 10 years and in particular whether you have any previous DUI “convictions” within that period.

In Pennsylvania, in order to determine your eligibility for an Occupational Limited License (OLL), you must apply for one by completing an Occupational Limited License Petition, or a Form DL-15. In order to have continuous driving privileges, you must send your completed OLL Petition, check, or money order, and proof of insurance, by certified mail to the Pennsylvania Department of Transportation (PennDOT) at least 20 days before your suspension begins. Within 20 days of receiving your petition, the department will inform you in writing whether you qualify for an OLL. If your petition is not received and approved before your suspension starts, you must return your current driver’s license to PennDOT and pay a restoration fee before an OLL will be issued.

It depends. Pennsylvania does not allow for jury trials on “ungraded misdemeanors.” All first, and many second, DUI offenses are ungraded misdemeanors. Therefore, if your DUI is an ungraded misdemeanor, the judge, rather than a jury, will hear the evidence. If you are arrested on a second offense DUI with an alleged BAC of .16% or higher (or if you refuse testing), or a third offense DUI, you will have the right to a jury trial. When determining whether you have prior offenses, the court will look back 10 years. Also, if you are charged with an ungraded misdemeanor DUI but also face other charges like homicide, aggravated assault, certain drug charges, fleeing, and eluding, for example, you will be entitled to have your whole case heard by a jury.

During the trial, each side will have the opportunity to present its evidence and to challenge evidence presented by the other side. Under the Fifth Amendment to the U.S. Constitution, you will not be required to testify yourself. Whether you do is something that must be discussed at length and on more than one occasion with your DUI lawyer. Time with your lawyer is crucial to your making the best decision about whether testify.

If the officer asks whether you have you been drinking, your answer will be a significant factor in the officer’s decision regarding whether to arrest you. Since the question is accusatory in nature, you should politely and respectfully ask the officer, “Am I under arrest?” If the officer persists in questioning you, you should, again, politely and respectfully, decline to answer. One good response: “I would like to speak with a lawyer before I answer any questions.”

Please remember that the officer does have a right to ask certain routine questions. For example, you should give the officer your name, address, date of birth, etc. if asked. When the officer inquires into drinking, however, politely ask for a lawyer. The officer will then probably say that you do not have a right to a lawyer and ask you to answer the question. At this point, your best course of action would be to respectfully and politely decline to answer.

You should politely inform the police that you want to talk with a lawyer before you answer any questions. Period. There may be a time and place to tell your side of the story, but now is not the time. You have constitutional rights provided under both the Pennsylvania and U.S. constitutions which guarantee that you shall not be required to be a witness against yourself. Your meeting with a lawyer before you talk to the police will help to ensure that your rights are protected.

In Pennsylvania, if you refuse to submit to breath, blood, or urine testing when police have proper grounds to request such testing from you, then your DUI will become a Tier III, or “Highest Rate,” and the penalties upon conviction will be the same as if your BAC was 0.16% or above.

In Pennsylvania, ARD is not just for DUI. Whether you are eligible for ARD depends on your criminal history, the nature of the allegations, and the particular facts of your case. Many non-violent offenses can be resolved without a conviction for people who have little or no criminal history. If you have either no criminal history or, in some cases, only a minor criminal history, you may be eligible for ARD if you face certain theft offenses, minor drug offenses, or some other kinds of offenses.

You are not legally required to take field sobriety tests in Pennsylvania, and you can respectfully and politely decline to take them. However, you are required to take chemical tests to determine your blood alcohol concentration (“BAC”). A chemical test requires you to give a blood, breath, or urine sample. The type of sample you must give is up to the police officer. If you refuse to take a chemical test, there are serious consequences, such as the loss of your driver’s license. Remember: always be polite and courteous to the officer.

There are many potential defenses in a DUI case, because of the complexity of the offense. They fall into the following categories:

Were you driving? If you were neither driving nor in “actual physical control” of the vehicle, there cannot be a DUI. Read in Our Success Stories about the case that was dismissed by a judge (after we had picked a jury) because the accused was sleeping in his car in a private parking lot outside of a bar in the city of Erie.

Was there probable cause? If the officer did not have legal cause to stop, detain, or arrest you, then any allegations of intoxication must be suppressed or otherwise rejected by the Court. Read about several cases in Our Success Stories which address this issue. However, sobriety roadblocks may be legal since the topic is complex.

Did you receive your Miranda warnings? If you weren’t read your rights at the appropriate time and under the appropriate circumstances, and if you said something incriminating, your statement might not be admissible in court.

Were you under the influence? Were you really under the influence? The observations made by the police, and their opinions about whether you were under the influence, can be called into question. The circumstances under which the field sobriety tests were administered also can cast doubt on the results of those tests.

Was the blood-alcohol testing done correctly? There are a lot of potential challenges to blood, breath, and urine testing. For example, there are strict rules governing the way breath, blood, or urine is collected and tested (and by whom).

Were you tested during the absorption phase? If you are still actively absorbing alcohol – in other words, if you had your last drink beyond two hours of the arrest – the blood, breath, or urine test will be unreliable if done while you are still actively absorbing alcohol. Absorption can be delayed even longer if food is present in the stomach.

Is the retrograde extrapolation legitimate? If testing takes place some time after you were actually in control of the motor vehicle, the police will have to determine how drunk you were earlier. To do this, the test results are subject to a process called “retrograde extrapolation.” A number of complex physiological problems are involved here, any of which might be used to challenge the conclusions reached by the police. The amendment to the recent DUI statute makes it so that any testing done within two hours of driving results in the presumption that the test results accurately reflect your BAC at the time you were driving. (This does not necessarily square with science, but it is nevertheless the law.)

Was the testing machine working? The prosecution must prove that the testing complied with Pennsylvania’s requirements as to proper calibration and maintenance of the machines. Further, breathalyzers are machines and, as such, are fallible. Have you ever put correct change into a vending machine and still not received your soda? Sometimes machines just do not work correctly. How about the vacuum machine at a car wash? Works every time. Right? (Of course not).

There are many potential defenses to an allegation of DUI because of the complexity of the offense. They fall into the following categories:

Were you driving? If you were neither driving nor in “actual physical control” of the vehicle, there cannot be a DUI.

Was there probable cause to stop your car? If the officer did not have legal cause to stop, detain, or arrest you, then any allegations of intoxication must be suppressed or otherwise rejected by the Court. Not all bad driving allows the police to stop your car. Also, sobriety roadblocks may be legal, but the topic is complex. Special rules apply to how the location is chosen and how the roadblock is set up and administered.

Did you receive your Miranda warnings while in custody? If you weren’t read your rights at the appropriate time and under the appropriate circumstances, and if you said something incriminating, your statement might not be admissible in court.

Were you under the influence? Were you really under the influence? The observations made by the police, and their opinions about whether you were under the influence, can be called into questions.

Under what circumstances were you asked to perform the field sobriety tests? The circumstances under which the field sobriety tests were administered can cast doubt on the results of those tests. Was the blood-alcohol testing done correctly? There are a lot of potential challenges to blood, breath, and urine testing. For example, there are strict rules governing the way breath, blood, or urine must be collected and tested (and by whom). It is also important to know and establish when the blood or breath test was conducted. Were you tested during the absorption phase? If you are still actively absorbing alcohol – in other words, if you had your last drink beyond two hours of the arrest – the blood, breath, or urine test may be unreliable if done while you are still actively absorbing alcohol. Absorption can be delayed even longer if food is present in your stomach. Is the retrograde extrapolation legitimate? If testing takes place sometime after you were actually in control of the motor vehicle, the police will have to determine how drunk you were earlier. To do this, a process called “retrograde extrapolation” must be performed. A number of complex physiological problems are involved here, any of which might be used to challenge the conclusions reached by the police.

The amendment to the recent DUI statute make it so that any testing done within two hours of driving results in the presumption that the test results accurately reflect your BAC at the time you were driving. (This does not necessarily square with science, but it is nevertheless the law.) Was the testing machine working? The prosecution must prove that the testing complied with Pennsylvania’s requirements for proper calibration and maintenance of such machines. Further, breathalyzers are machines and, as such, are fallible. Have you ever put correct change into a vending machine and still not received your soda? Sometimes machines just do not work correctly. How about the vacuum machine at a car wash? Works every time, right?

In Pennsylvania, there are generally three categories, or tiers, of DUI. These categories depend upon the level of alcohol in your blood, whether there are controlled substances such as marijuana, cocaine, or other narcotics in your blood, or whether you refused to submit to breath, blood, or other chemical testing.

In Pennsylvania, a second offense DUI (Highest Rate) means that your BAC is 0.16% or higher or that you refused to submit to breath, blood, or chemical testing and you have a previous conviction for DUI within the past 10 years. This is graded as a misdemeanor of the first degree with a mandatory minimum prison sentence of at least 90 days but not more than five years. You also would be required to pay a fine of at least $1,500.00 but not more than $10,000.00. Your license would be suspended for a period of 18 months. You would be required to complete a CRN, AHSS, D&A evaluation, and equip your vehicle(s) with an ignition interlock device for a period of 12 months. There may by other consequences for a conviction of this nature, depending upon your driving history and the unique circumstances of your case.

In Pennsylvania , a third offense DUI (General Impairment) means that you have two previous convictions for DUI within the past 10 years and your BAC in this, the third offense, is 0.08%-0.099%. This is graded as a misdemeanor of the second degree, with a mandatory minimum prison sentence of at least 10 days but not more than two years. You would also be required to pay a fine of at least $500.00 but not more than $5,000.00. You also would be issued a license suspension for a period of at least 12 months. You would be required to complete a CRN, D&A evaluation and equip your vehicle(s) with an ignition interlock device for a period of 12 months. There may by other consequences for a conviction of this nature, depending upon your driving history and the unique circumstances of your case.

In Pennsylvania , a conviction for a third offense DUI (Highest Rate) means that you have two previous convictions for DUI within the past 10 years and your BAC in this case is 0.16% or higher, or you refused to submit to breath, blood, or urine tests. This is graded as a misdemeanor of the first degree and carries a mandatory minimum prison sentence of one year. The maximum term of imprisonment is five years. You also would be required to pay a fine of at least $2,500.00 but not more than $10,000.00. Your license would be suspended for a period of 18 months (and could be revoked altogether if you meet the definition of a “habitual offender”). You also would be required to complete a CRN, D&A evaluation and equip your vehicle(s) with an ignition interlock device for a period of 12 months. There may by other consequences for a conviction of this nature, depending upon your driving history and the unique circumstances of your case.

In Pennsylvania , a third offense DUI (High Rate) means that you have two previous convictions for DUI in the past 10 years and your BAC in this case is 0.10%-0.159%. This is graded as a misdemeanor of the first degree, with a mandatory minimum prison sentence of at least 90 days but not more than five years. You also would be required to pay a fine of at least $1,500.00 but not more than $10,000.00. You also would receive a license suspension for a period of 18 months. You would be required to complete a CRN, D&A evaluation and equip your vehicle(s) with an ignition interlock device for a period of 12 months. There may by other consequences for a conviction of this nature, depending upon your driving history and the unique circumstances of your case.

In Pennsylvania, if you are convicted of DUI (General Impairment), which means that your BAC was between 0.08% and 0.099%, the sentence will depend upon your criminal history and the unique facts and circumstances of your case. However, the statutory maximum sentence if this is your first offense is six months in prison, a fine in the amount of $300.00, and costs of prosecution. You also would be required to participate in a Court Reporting Network (CRN) evaluation, complete an Alcohol Highway Safety program (AHSS), and complete a possible Drug & Alcohol evaluation.

Informal Arraignment. You are read the allegations that have been filed against you and the judge sets bond. If you are unable to post bond, then you will remain in custody, usually in the county prison, until you either post bond or your case is resolved.

Preliminary Hearing. The first court proceeding in most cases is the preliminary hearing. This is often the most crucial hearing in your case. The preliminary hearing is not a trial. The purpose of a preliminary hearing is to protect your right against an unlawful arrest and detention. At this hearing, the Commonwealth must make at least a prima facie case – that is, at least a minimal showing – that a particular crime was committed and that you are probably the one who committed it. At this stage, the Commonwealth doesn’t have to prove your guilt beyond a reasonable doubt. In order to meet its burden, the Commonwealth must present some evidence regarding each of the elements (or parts) of the crime charged. If the government can’t meet this burden, your case will be dismissed.

Suppression Hearing. If your case cannot be resolved to your satisfaction at the preliminary hearing and you want to challenge certain evidence being offered against you, you can request a suppression hearing. A suppression hearing allows you to challenge the admissibility of certain evidence that will be offered against you. Some of these motions may argue that using certain evidence against you would violate your constitutional rights. A ruling in your favor can result in evidence being excluded from your trial, and it increases your odds of winning.

Plea. If you enter a plea (sounds like “plee”), then you must state on the record before a judge:

1. that you understand the facts that led to your being charged with the offense;
2. that you understand the elements of the law that must be proven in order to be convicted of the offense;
3. that you understand the maximum sentence that can be imposed upon conviction;
4. that you understand that the government has the burden of proving each element of every offense you face;
5. that you understand that you do not have to prove your innocence;
6. that you understand that you are presumed to be innocent;
7. that you have the right to a jury trial;
8. that you understand that in order to be convicted at trial, all jurors must come to a unanimous agreement that the government has met its burden of proof as to each and every element of the offenses charged (otherwise, the verdict must be “not guilty”); and
9. that you, by entering a plea of guilty, give up the right to have a jury decide your case.

This is, for obvious reasons, an extremely important proceeding. Much time and thought must be put into such a decision which has long-lasting and far-reaching effects.

Trial. Everyone has watched at least small portions of trials on television programs. However, what you have seen on TV provides only a glimpse into what really happens at a real trial. In essence, during a trial, each side will have the opportunity to present its evidence and to challenge evidence presented by the other side.

In most cases, a jury of 12 citizens will hear all of the testimony and consider all of the evidence and then decide what happened. The jury will learn about the law from the judge and then apply the law to the facts (which the jury have determined based on what they heard and saw during the trial) before rendering a verdict. Under the Fifth Amendment to the US Constitution, you will not be required to testify yourself. Whether you do testify on your own behalf is something that must be discussed at length and on more than one occasion with your lawyer. Time with your lawyer is crucial to your making the best decision about whether to testify.

In Pennsylvania, there is no jury trial on allegations of “ungraded misdemeanors.” All first, and nearly all second, DUI offenses are ungraded misdemeanors. Therefore, if your DUI is an ungraded misdemeanor, a judge, rather than a jury, will hear the evidence. If you are arrested on a second offense DUI with an alleged BAC of 16% or higher (or if you refuse testing), or a third offense DUI, you will have the right to a jury trial. When determining whether you have prior offenses, the court will look back 10 years.

Sentencing. If you are convicted at trial, or if you negotiated a plea agreement and entered a plea, the court will sentence you. A sentence for DUI may include jail time, in-home detention (“house arrest”), public service, alcohol classes, and/or fines. The maximum period of time for which a county can imprison and/ or supervise most offenders ranges from six months to five years. The length of a sentence depends on the number and nature of any previous convictions, any need for treatment, the nature of the present offense, and the like. All repeat DUI offenders must have their cars equipped with an Ignition-Interlock Restriction System for at least one year. A new offense is created for driving without a required ignition-interlock system after consuming any amount of alcohol.

In Pennsylvania, the DUI statute uses the term “first offense” to mean that you have had no other DUI convictions within the past 10 years. This becomes important when determining such things as the statutory maximum sentence and your eligibility for a diversion program known as Accelerated Rehabilitative Disposition (ARD).

Most DUI arrests occur at night and on weekends. The following is a list of indicators that someone might be DUI. The list is based upon research conducted by the National Highway Traffic Safety Administration (NHTSA):

• Turning with a wide radius
• Straddling the center of lane marker
• Almost striking an object or vehicle
• Weaving
• Swerving
• Going more than 10 mph below the speed limit
• Stopping for no reason in a traffic lane
• Following too closely
• Drifting
• Running tires on the center line or lane marker
• Braking erratically
• Driving into opposing or crossing traffic
• Signaling in a way that doesn’t match driving actions (for example, signaling left and then turning right)
• Slow response to traffic signals
• Stopping inappropriately
• Turning abruptly or illegally
• Accelerating or decelerating rapidly
• Driving with the headlights off (at night)

Most DUI arrests occur at night and on weekends. The following is a list of indicators that someone might be DUI at night. The list is based upon research conducted by the National Highway Traffic Administration (NHTSA):

• Turning with a wide radius
• Straddling the center of lane marker
• Almost striking an object or vehicle
• Weaving
• Driving on other than designated highway
• Swerving
• Going more than 10 mph below the speed limit
• Stopping for no reason in a traffic lane
• Following too closely
• Drifting
• Running tires on the center or lane marker
• Braking erratically
• Driving into opposing or crossing traffic
• Signaling in a way that doesn’t match driving actions (for example, signaling left and then turning right)
• Slow response to traffic signals
• Stopping inappropriately (other than in lane)
• Turning abruptly or illegally
• Accelerating or decelerating rapidly
• Driving with the headlights off

After you are charged with a criminal offense in Pennsylvania, including DUI, a series of important events begins. When each occurs is largely determined by the courts and under time constraints which are created by the law. Things often happen quickly in a criminal case. While this can be stressful and confusing for many people, the main reason for a fast-moving process is not to make defending your freedom more difficult, but instead to protect citizens from allegations pending against them for a lengthy and seemingly never-ending period of time. (Unlike many of the detainees held at Guantanimo Bay for many years, citizens of America generally must be brought to trial within 180 days, if confined, or within 365 days, if out on bond.) Some of these important events include an “informal arraignment” (where the charges are read to the person accused of a crime, when bond is set, and when a preliminary hearing is scheduled); a preliminary hearing; a formal arraignment; pretrial hearings; trial or pretrial diversion hearings; or plea and sentencing proceedings.

A sentencing is when the Court sets punishment and imposes other requirements intended to help you avoid committing similar offenses in the future. Much preparation is required by you and your lawyer before your sentencing proceeding. A judge often has many sentencing options from which to choose when imposing an appropriate sentence. Some examples include prison, partial confinement such as house arrest, probation, a combination of prison and probation, fines, costs, counseling and, other rehabilitative tools like educational classes. The length of your sentence will determine where you are imprisoned and by whom you will be supervised. In addition to these sentencing options, there may be collateral consequences which your case will trigger, such as a license suspension or revocation.

If you are convicted at trial, or if you negotiate a plea agreement that is acceptable to you, a sentence for DUI may include jail time, in-home detention (“house arrest”), public service, alcohol classes, and/or fines. The maximum period of time for which a county can jail and/or supervise most offenders ranges from six months to five years. The length of sentence depends on previous convictions, any need for treatment, and the like. Additionally, in DUI cases, all repeat offenders must have their cars equipped with an ignition-interlock restriction system for at least one year. A new offense is created for driving without a required ignition-interlock system when alcohol is present in driver’s system.

By accepting the privilege of getting a driver’s license, you have given your “implied consent” to submit to a chemical or physical test of your breath. Therefore, as a general rule, refusing such tests is not a good idea.

In Pennsylvania, PennDOT will suspend your driver’s license for one year should you refuse to submit to a chemical test. In addition, your refusal to submit to a test upon the request of a law enforcement officer can be used at trial as evidence of your consciousness of guilt.

In Pennsylvania, an Occupational Limited License (OLL) is a driver’s license issued to a motorist whose Pennsylvania driving privileges have been or will be suspended. An OLL authorizes a motorist to drive a designated motor vehicle, under certain and limited conditions, when it is necessary for the driver’s occupation, work, trade, medical treatment, or study. Not everyone qualifies for an OLL, and certain offenses or particular driving histories preclude the issuance of an OLL. Depending upon your driving history and violations, the Pennsylvania Department of Transportation will evaluate whether you are eligible for an OLL after you apply for one by completing an Occupational Limited License Petition (sometimes called a Form DL-15).

A preliminary hearing can be one of the most crucial hearings in your case. The preliminary hearing is not a trial. The main purpose of a preliminary hearing is to protect your right against an unlawful arrest and detention. At this hearing, the Commonwealth must make at least a prima facie case – that is, at least a minimal showing – that a particular crime was committed and that you are probably the one who committed it. At this stage, the Commonwealth doesn’t have to prove your guilt beyond a reasonable doubt. In order to meet its burden, the Commonwealth must present some evidence regarding each of the material elements of the crime charged. If the government can’t meet this burden, your case will be dismissed.

ARD is an acronym for a diversion program known as Accelerated Rehabilitative Disposition. ARD allows first-time, non-violent offenders to avoid a conviction and the uncertainty of trial. Most DUI offenses, and many other criminal offenses, qualify as non-violent and sometimes can be resolved with ARD. ARD suspends the case while you serve a period of probation, attend educational classes, abstain from alcohol, pay fees to the Court, and, in DUI cases, lose your driver’s license for a period of time. However, not everyone is eligible for the program, and even for those who are eligible, ARD might not be a better option than fighting the allegations.

DUI is short for Driving Under the Influence. A person is guilty of DUI if he or she drives or physically controls a motor vehicle while under the influence of alcoholic beverage, chemical, or controlled substance to a degree which renders him or her incapable of safely driving. A person is “under the influence” if his or her mental faculties are impaired by alcohol or controlled substances, or if his or her blood alcohol concentration (BAC) is above the legal limit of .08%, the BAC at which a motorist is presumed to be impaired.

SCRAM is an acronym meaning Secure Continuous Remote Alcohol Monitor. A SCRAM tether is an ankle-fitted device that analyzes the chemical composition of perspiration. It looks like the global position system (GPS) tethers used on people confined to house arrest. The SCRAM tether works by sampling the insensible but constantly flowing perspiration emitted through the skin and then measuring the perspiration for traces of alcohol.

In Pennsylvania, there is no mandatory minimum prison sentence for a conviction of a first offense DUI (General Impairment).

In Pennsylvania, if you are convicted of a first offense DUI (High Rate), there is a mandatory minimum prison sentence of 48 hours. This means that if you enter a plea of guilty or are convicted at trial for a first offense DUI (High Rate), the Court must sentence you to at least two days in prison. The Court may sentence you to a longer term of prison, depending upon your criminal history and the unique facts and circumstances of your case. In some jurisdictions, you may be permitted to serve the prison sentence on “house arrest” while on the home electronic monitor. However, such an alternative to prison depends upon a number of factors and is always within the discretion of the Court.

In Pennsylvania, a second offense DUI (General Impairment) means that your BAC was between .08% and .10% and you have a previous conviction for DUI within the past 10 years. A second offense DUI (General Impairment) is an ungraded misdemeanor with a mandatory minimum prison sentence of not less than five days. Someone convicted of this offense also must pay a fine of not less than $300.00 and not more than $2,500.00. There will be a license suspension for a period of 12 months and, upon restoration of driving privileges, you must equip your vehicle(s) with an ignition interlock device for a period of at least 12 months. You must also complete a CRN, AHSS, and D&A evaluation. There may by other consequences for a conviction of this nature, depending upon your driving history and the unique circumstances of your case.

In Pennsylvania, a second offense DUI (High Rate) means that your BAC is between 0.10% – 0.159% and you have a previous conviction for DUI within the past 10 years. This is an ungraded misdemeanor with a mandatory minimum prison sentence of not less than 30 days and not more than six months, together with a fine in the amount of at least $750.00 but not more than $5,000.00. Your license will be suspended for a period of at least 12 months. You will be required to complete a CRN, AHSS, D&A evaluation, and to equip your vehicle(s) with an ignition interlock device for a period of 12 months. There may by other consequences for a conviction of this nature, depending upon your driving history and the unique circumstances of your case.

In Pennsylvania, if you are convicted of a first offense DUI (Highest Rate), the statutory maximum sentence is six months in prison, a fine of $5,000.00, completion of a Court Reporting Network (CRN) evaluation, completion of an Alcohol Highway Safety program (AHSS), a possible Drug & Alcohol evaluation, and your driver’s license will be suspended for one year, with the possibility that you could apply for and receive an Occupational Limited License (OLL) after serving at least two months of your suspension.

In Pennsylvania, if you are convicted of a first offense DUI (High Rate), the statutory maximum sentence is six months in prison and a fine in the amount of $5,000.00. Your sentence also would include participation in a Court Reporting Network (CRN) evaluation, completion of an Alcohol Highway Safety program (AHSS), and a possible Drug & Alcohol evaluation. Your driver’s license also will be suspended for a period of one year, with the possibility that you could apply for and receive an Occupational Limited License (OLL) after serving at least two months of your suspension.

In Pennsylvania, a second offense DUI (General Impairment) means that your BAC was between .08% and .10% and you have a previous conviction for DUI within the past 10 years. A second offense DUI (General Impairment) is an ungraded misdemeanor with a statutory maximum prison sentence of six months. Someone convicted of this offense also must pay a fine of not less than $300.00 and not more than $2,500.00. There will be a license suspension for a period of at least 12 months and, upon restoration of driving privileges, you must equip your vehicle(s) with an ignition interlock device for a period of 12 months. You must also complete a CRN, AHSS, and D&A evaluation. There may by other consequences for a conviction of this nature, depending upon your driving history and the unique circumstances of your case.

In Pennsylvania, a second offense DUI (High Rate) means that your BAC is between 0.10% – 0.159% and you have a previous conviction for DUI within the past 10 years. This is an ungraded misdemeanor with a mandatory minimum prison sentence of 30 days and a maximum prison sentence of six months. The maximum fine is $5,000.00. Your license will be suspended for a period of at least 12 months. You would be required to complete a CRN, AHSS, D&A evaluation, and to equip your vehicle(s) with an ignition interlock device for a period of 12 months. There may by other consequences for a conviction of this nature, depending upon your driving history and the unique circumstances of your case.

Police officers are trained to note the following “indicia of intoxication” on their report:

• Flushed face
• Red, watery, glassy, and/or bloodshot eyes
• Odor of alcoholic beverage on the breath
• Slurred speech
• Fumbling when getting the driver’s license
• Failure to comprehend the officer’s questions
• Staggering when exiting the vehicle
• Swaying/instability
• Leaning on the car for support
• Combative, argumentative, jovial, or another “inappropriate” attitude or behavior
• Soiled, rumpled, or disorderly clothing
• Stumbling while walking
• Disorientation as to time and place
• Inability to follow directions or to “divide attention”

In the end, choosing the right DUI lawyer for you and your case begins with asking the right questions at the beginning. You can start with, “Have you ever defended a DUI case?” A slight variation of this question might be, “Have you defended DUI cases successfully?” While a certain result that a lawyer had in another DUI case does not guarantee that you will get the same result in your case, you at least should know whether the lawyer has handled cases like yours. If he has, then you can assess whether he is familiar with the issues that might arise in your case. Another question should be, “Where can I read about your other DUI cases?” Still another question should be, “What can you do to help me make this the last DUI I ever have to face?” There are many other questions that you will want answered before you make such an important decision.