In a previous blog post, I addressed how in cases of driving under the influence, the blood alcohol content ("BAC") of the offender affects the severity of the sentences. Clearly, obtaining an accurate measurement of BAC is very important to law enforcement officials. As a result, after someone is arrested for DUI and transported to a hospital or police station, breathalyzer or blood tests are administered to specifically determine the suspect’s BAC. Over the years many people have asked me if they can simply refuse to submit to those tests. Surprisingly, you can in fact refuse to take such a test. However, if you do, your driver’s license will be suspended for at least one year and you will subject yourself to further possible disadvantages.

The suspension arises from the so-called "Implied Consent" law, which is found in section 1547 of the Pennsylvania Motor Vehicle Code, . Generally, section 1547 states that anyone who ". . . drives. . . a vehicle in this Commonwealth shall be deemed to have given consent to one or more chemical tests of breath, blood or urine for the purpose of determining [BAC] . . . if a police officer has reasonable grounds to believe the person . . ." is under the influence of alcohol or a controlled substance. More simply stated, in the eyes of the law, anyone driving a vehicle in Pennsylvania has already implicitly consented to BAC testing. Refusals to submit to BAC tests will result in a license suspension of at least one year. Moreover, such suspension will be in addition to any suspension that arises from the DUI charges themselves if a conviction occurs.Continue Reading What Happens if You Refuse a Breathalyzer or Blood Test after a DUI Arrest?

One of the questions I am frequently asked by nearly every client who seeks assistance with the ARD Program following a DUI arrest is, “Will my completion of the ARD Program count as a conviction?” The answer . . . it depends.

With respect to job applications submitted to potential employers, many employers ask on a…

Early in 2004, the Pennsylvania DUI laws were given a major overhaul, including significant changes to the penalties imposed. While the old laws differentiated penalties depending on whether offenders had prior DUI convictions, they did not take into account the blood alcohol content (BAC) of the offender. The new laws changed that, creating a somewhat complicated matrix using both factors. In addition, the lowest BAC to invoke a DUI charge was lowered from .10% to .08%. Alcohol affects everyone differently understanding how quickly drinking alcohol affects your BAC can help you prevent a DUI charge.

If someone is charged with DUI, their first step should be to determine if they qualify for ARD (Alternative Rehabilitative Disposition) which will allow them to avoid many of the mandatory penalties. 

Once it has been determined that ARD is not an option, the next step will be to establish where on the sentencing matrix the offender would fall if convicted. The sentencing guidelines first separate DUI offenses into three tiers that are primarily based on the BAC of the offender:

• Tier One, known as "general impairment BAC", is applied where the BAC is at least .08% and no greater than .099% and no accident involved; 
• Tier Two, "High Rate BAC", is applied where the BAC is at least .10% and no greater than .159%, where a minor is charged, where there was an accident and the BAC would have been in the Tier One category, or where a commercial or school vehicle was being driven;
• Tier Three, "Highest Rate BAC", is applied where the BAC is equal to or greater than .16%, where a controlled substance such as marijuana or cocaine is also detected, or where a driver refused to take a BAC test.

Continue Reading Mandatory DUI Penalties in Lancaster County

In my previous post, ARD in Lancaster County – Advantages of the Program for First Time DUI Offenders, I discussed the benefits of the ARD program. But, in order to take advantage of the program, the applicant must qualify. Applicants will not qualify for ARD if any one of the following is true:

• the applicant has

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