Frequently Asked DUI Questions

November 29, 2013 Brian J. Zeiger, Esquire

Frequently Asked DUI Questions

Frequently Asked DUI Questions

What is the burden of proof in DUI for the government?

The government has to prove two things: that you were operating the vehicle, and that you were under the influence.


Does the burden change in refusal cases?

Yes. The government does not have to prove that you were under the influence, they only have to prove that you were driving?


What is Missouri v. McNeely? What does it stand for?

In general McNeely stands for the idea that the government can’t just seize your blood, breath or statements in connection to your DUI arrest. However, in Pennsylvania, we haven’t had the Supreme Court or General Assembly change any rules yet. We expect a case shortly and then we will know how this will change blood cases in PA.


Can I get ARD if there was an accident?

In Philadelphia County, the decision for ARD is made on a case by case basis. If you are in an accident in Philadelphia County, you can get ARD. However, in Chester County, there is no ARD for accident cases. In Delaware, Montgomery, Bucks, and Northampton counties, the decisions are made on a case by case basis. The main factors is whether you were in an accident where another human was involved and what substance and how much of it was in your body.


Can I get ARD twice?

Its possible to get ARD twice, but very difficult.


Can I get weekends for my second DUI 90 day case?



Can I get house arrest for my DUI?

Not in Philadelphia County unless you get into the DUI treatment court. In Delaware County, you can get it, yes. In Montgomery County, no, but you can get work release.


Do I get time credit for the time I was in when I got arrested?

Yes, you must get time credit. If you don’t you should appeal.


Do I get time credit if I go to drug and alcohol inpatient rehab?

You can. In Philadelphia County, if it is an authorized program, you should be given time credit, but it must be an in patient program where you can’t leave with successful completion.


How does an Attorney defend a DUI?

If you are facing DUI or related charges, there are many potential legal defenses you can present. An experienced lawyer will know how to evaluate your case and build an aggressive defense strategy in an attempt to have your case dismissed or limit the consequences that you face. Read more.

What do I do about an underage DUI?

Driving a motor vehicle while you are under the influence of alcohol is against the law for individuals of any age. Read More.

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