Tag Archives: DUI

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 »

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 »