Collateral Consequences of a Philadelphia DUI Conviction

Over the past several decades, the laws regulating driving under the influence of alcohol or drugs (DUI) have become significantly stricter.1 In addition, anecdotal evidence seems to indicate that law enforcement enforces these laws much more strictly than they did in prior years. While the merits of these developments continue to be debated, DUI continues to be one of the most common criminal offenses in the United States, and is… Read More »

ARD in a General Impairment Case

ARD in a General Impairment Case If I have a General Impairment case and the District Attorney offers me ARD (Accelerated Rehabilitative Disposition) in a case where I believe I am not guilty, should I take ARD? This is a very difficult question. The reason the question is difficult is that the only real difference is the risk of a permanent record if you are convicted. For general impairment first… Read More »

ARD | Drivers License

ARD | Drivers License I was arrested for Driving Under the Influence in Philadelphia. I have a Philadelphia DUI Defense Attorney. I am very happy with the lawyer, but I am confused. I don’t think I did any thing wrong. I think I should be found not guilty. My lawyer tells me that I am ARD (Accelerated Rehabilitative Disposition) eligible and she wants to apply me for ARD. She told… Read More »

Miranda Warnings | My Rights

Miranda Warnings | My Rights I was stopped for a DUI. The officer approached my car and asked me if I had been drinking. I said I was drinking. Then I was taken out of the car, given a field sobriety test, and arrested. Then the officer started asking me all kinds of questions about how much I had to drink, where I was coming from, how much I had… Read More »

Operation

Operation How is operation defined? People always ask about the burden of proof in DUI cases and I always give the answer that the prosecutor has to prove both operation and under the influence in a driving under the influence case in Pennsylvania. The discussion almost always turns to topics of intoxication and what we can do to beat the DUI case on intoxication. Very rarely do we get questions… Read More »

Prescription Medication

Prescription Medication Can you get a DUI from prescription medication? Yes. For sure. You can even get convicted of Driving Under the Influence in Pennsylvania for Schedule IV narcotic such as Ambien. The fact that you have a valid prescription is not a defense. You can not use involuntary intoxication as a defense in your DUI case for prescription medication. If you have the amber colored pill bottle, you will… Read More »

90 Day DUI Case

I have a 90 day DUI case and I want to know if I can get some type of sentence other than 90 days in jail. The answer is yes, you can get an alternative sentence, but getting an alternative sentence isn’t so easy. The only real choices for alternative sentences for a 90 day DUI case are house arrest, work release, inpatient rehabilitation, or weekends. In Philadelphia County, your… Read More »

General Impairment

General Impairment I have a BAC (Blood Alcohol Content) under 0.08. I am below the legal limit. Can I still get convicted of DUI (Driving Under the Influence) in Philadelphia? Yes. You can still be convicted of DUI if your BAC is below 0.08. The legal theory is called General Impairment. The main difference in a General Impairment case is that the District Attorney has to prove under the influence… Read More »

ARD a Second Time

ARD a Second Time Can I get ARD a second time? You can get ARD twice. ARD is always at the discretion of the District Attorney so long as they do not discriminate due to race or gender. However, there are many rules concerning ARD twice. The relevant portion of the statute, sec. 3807(a)(2), states: (2) The attorney for the Commonwealth shall not submit a charge brought under this chapter… Read More »

Refusal

Refusal We always get the question regarding a refusal, “Should I refuse the blood or breath test?” As the law stands right now, you should never refuse to give blood or breath in a Driving Under the Influence case. Refusal DUI case are among the most difficult to deal with for the lawyer. When you are arrested in any type of criminal case the burden of proof for every element… Read More »