|
Pennsylvania's Driving After Imbibing
law is fairly new and very complicated. There
are generally four subsections. You are likely
charged under two of them. You are also more
than likely charged with at least one summary
offense.
If you have been charged with Driving
Under the Influence of Alcohol (referred
to as Driving After Imbibing)…What do
you do next.
The first thing you should do is meet with
an experienced, qualified attorney that practices
in the community in which you were charged.
Although the statute that prohibits driving
while intoxicated is a state law the procedures
are sometimes radically different in each
county and failure to abide by local rules
can result in forfeiting your rights and driving
privileges.
The second thing you should do is act immediately.
Timing is everything. You will have several
options, including ARD, all of which will
require strict compliance with strict time
frames.
One last thing. As a DUI attorney I am always
asked two questions; what should I do if I
am stopped by a police officer and have been
drinking? AND if I am arrested what can you
do for me?
The answer to the first question is very
complicated. You should know however that
if stopped and if you refuse the chemical
test your license will most likely be suspended
for one year for the refusal plus an additional
one year (there are exceptions) if convicted
of the DUI. If this is the first time you
have been stopped for DUI and if there was
no accident or injury the chemical test will
avoid the additional suspension. You are only
required to take the chemical test. This test
consists of either a breath test at the police
station or blood or urine test at a hospital.
You are not required to submit to a breath
test (Breathalyzer) at the scene nor are you
required to submit to a request to perform
field sobriety tests at the scene. I would
refuse them out of hand. Most officers are
not properly trained and the tests are much
too subjective. Refusal to take a preliminary
breath test at the scene and refusal to submit
to sobriety tests can not be used against
you. By agreeing to these types of tests you
are usually giving the officer more ammunition
to arrest you and eventually convict you.
The answer to the second question is simple.
I can do many things for every person charged
with DUI in Pennsylvania, even if it's a first
offense and ARD is a possibility.
Call me for a free consultation.
My fees are competitive and I do offer payment
options. Call me any time. If I do not answer
leave a message and I will get right back
to you. I personally answer my own phone calls.
|