Driving under the influence (DUI) or driving while intoxicated (DWI) are two ways to describe the same thing: intoxicated driving. In Pennsylvania, it is called driving under the influence or DUI. Intoxication may be the result of alcohol or another chemical substance (e.g., marijuana) or both. To be a criminal offense in Pennsylvania, your blood alcohol content must be at or above the legal limit, you have an illegal chemical substance in your system, or your driving abilities were otherwise impaired.
In Pennsylvania, there are many arrests made daily for intoxicated driving. Those arrested are often people like you and me: law-abiding citizens. At Law Office of Matthew Quigg, LLC, our DUI defense lawyer works hard to help you beat a DUI charge or to, at a minimum, get the best possible outcome in your unique situation. Contact us at (215) 458-3923 to learn more about how we will help you. In the meantime, here are some of the most commonly asked questions we get from our clients when we first meet them about their intoxicated driving charge.
What is “blood alcohol content” level?
Blood alcohol content (BAC) is a measurement of the amount of alcohol found in the blood expressed as a percentage. It is calculated in grams per 210 liters of breath, and a BAC of 0.08 means there is 0.08% alcohol by volume. Measuring BAC is a way for law enforcement to calculate the amount of alcohol someone has had and their ability to drive a motor vehicle.
What are my rights during DUI traffic stops?
If you are pulled over due to suspicion of drunk driving or pulled over for a traffic stop and then the police officer suspects intoxicated driving, you should remember you have certain rights as a U.S. citizen. Namely,
- The driver and any passengers have the right to remain silent (except you must show the police your driver's license, registration, and proof of insurance upon request); and
- If you are a passenger, you are free to leave.
If you are arrested or detained, you have additional rights, including Miranda warnings.
- You can say you wish to remain silent and ask for a lawyer immediately.
- You have the right to make a local phone call.
However, in Pennsylvania, you cannot invoke your right to an attorney when deciding whether to submit to a breathalyzer or blood draw.
If you believe your rights were violated in any way, try to write down everything you remember, including the police officer's agency (state police, county police, etc.), badge number, and patrol car number.
Can I refuse a breathalyzer or blood test in Pennsylvania?
Yes and no. In Pennsylvania, by driving your car or motorcycle on the roads, you give what is called implied consent. If the police have probable cause you are under the influence of alcohol or drugs, by virtue of driving, you agree to submit to a breathalyzer or blood test. You still do, though, have the constitutional right to refuse a chemical test, which is considered a search.
Refusal, however, carries with it significant consequences. You may face any of the following:
- A suspended drivers license - on top of a license suspension for the DUI itself
- Increased jail time
- You may still face a DUI charge based on other criteria, such as field sobriety test results, witness testimony, and the police officer's observations
- You may be fined
Also, if you refuse, the police officer may request a warrant to take a blood sample, and your refusal can be used against you in court as consciousness of your guilt.
What are standardized field sobriety tests (FSTs)?
Standardized field sobriety tests (FSTs) are tests approved by the National Highway Traffic Safety Administration (NHTSA). These tests are allegedly designed to help police determine whether a driver is intoxicated or not.
There are three standardized FSTs:
- the Horizontal Gaze Nystagmus Test (HGN test)
- the One-Leg Stand Test (OLS test)
- the Walk-and-Turn Test
The results of these tests may be used as evidence against you in an intoxicated driving case. Non-standardized tests, on the other hand, are not validated by NHTSA and are typically not admissible as evidence.
Non-standardized FSTs include:
- finger to nose test
- the finger count test
- the hand pat test
- the alphabet test
- the reverse counting test
- the coin pickup test
Can I refuse field sobriety tests in Pennsylvania?
You may refuse field sobriety tests in Pennsylvania, although there may be consequences, such as being asked to complete a breathalyzer test, provide a blood sample, or using your refusal against you in court. A refusal to complete a field sobriety test typically does not carry the same serious repercussions as refusing a breathalyzer test or blood test.
After a DUI arrest in Pennsylvania, will my driver's license be suspended or revoked?
If your DUI is a first offense and in the lowest of the three tiers of DUI offenses, then your license will be suspended. If the type of DUI you are charged with is in one of the higher tiers or it is a second or subsequent offense within 10 years, your license will be suspended. However, you may qualify for an ignition interlock limited license (ILL) for part or the entirety of your suspension, which would permit you to drive with what basically amounts to a portable breathalyzer in your car.
What happens after a drunk driving arrest in Pennsylvania?
After a drunk driving arrest, the police will most likely either keep you overnight until you have sobered up or release you to another sober adult, who can drive you home. Most DUIs are charged by summons, where the police do not file the charges against you right away. Instead, the police will file charges with the local magistrate judge (magisterial district judge) who will mail you a copy of the charges. In most counties, that occurs about four-to-six weeks after the arrest. In Bucks County, it may be just a few days later. Your first hearing will be your preliminary hearing, where you can test the prosecution's evidence. If you are ultimately convicted, you may face imprisonment, driver's license suspension/revocation, fines, ignition interlock device (IID) installation, and other penalties.
Can I still get auto insurance in Pennsylvania after a drunk driving conviction?
Your ability to obtain or maintain auto insurance after a drunk driving conviction depends on whether it was your first conviction. You will likely find insurance after a first conviction, although your rates will increase significantly.
Note, however, that even if you have been convicted of only one drunk driving offense, you may still be required to obtain SR-22 insurance. SR-22 is a certificate of financial responsibility required by either your jurisdiction or a court order. This form is not insurance, but rather proof that your auto insurance policy meets the minimum liability coverage required by state law. A fee, which ranges from $300 to $800 on average, is most often charged to file this form.
Can I beat a drunk driving charge in Pennsylvania?
It is possible to beat a drunk driving charge, although it is not typically an easy process. It will require a thorough understanding of the law and a thorough understanding of the technical nature of field sobriety tests, breath tests, blood tests, and urine tests. Understanding the latter tests is critical to identifying errors (technical or human-made errors) to highlight the unreliability of the results.
However, beating DUI charges often depends on the police officer's actions. Aside from errors or unreliable test results, an alleged DUI offender may have had their constitutional rights violated. This happens more often than you might imagine. A violation can lead to the inadmissibility of some or all evidence. Without sufficient evidence, the case will be dismissed, or a jury may return with an acquittal.
You will need a drunk driving defense attorney to help you beat a DUI charge. These cases can be highly technical, as much as legally complex.
Can I just plead guilty to drunk driving?
An arraignment is a hearing where the defendant can plead guilty, no contest, or not guilty. You can plead guilty, but the real question is whether you should or not. It would be a mistake to plead guilty at this time, especially without the counsel of a drunk driving lawyer in Pennsylvania, and there are multiple reasons for this.
- If you plead guilty immediately, you lose any opportunity to fight the DUI charge.
- If you plead guilty immediately, you also lose any opportunity for a plea deal, if that is what would be best in your unique circumstances. Admittedly, a plea deal means you would plead guilty, but the process can render a better outcome than an immediate plea of guilty. In some jurisdictions, you may be able to plead down to a lesser offense.
- The sentencing is often harsher when given in response to a plea of guilty during the arraignment, as opposed to what a plea deal would entail or a sentencing after a conviction would impose. The reason is simple: you have time to mitigate and negotiate.
- If you plead guilty immediately, you may not qualify for a diversionary program that may allow you to walk away with no conviction.
- You don't have all the information to make an informed decision - it is important to know all the facts so you can make the best decision for you, based on your available defenses
If it's your first drunk driving charge, it can be tempting to plead guilty right away so that you can get the case over faster and get on with your life. But if you do not fight to get the charge dismissed or to get yourself acquitted, it will be your first drunk driving charge. With the latter on your record, you want to keep in mind that subsequent DUI convictions will assuredly lead to harsher penalties.
Do I need a drunk driving lawyer in Pennsylvania to win my DUI case?
If you plan to fight your drunk driving charges, it is in your best interest to have an attorney represent you. A judge once summed it up best - if you needed a root canal, you would go to a dentist; you wouldn't do the root canal yourself. The law can be complex. The evidence can be highly technical and scientific. Police and state expert testimony can be damaging. All these things can lead to a conviction, unless you have the necessary skills and knowledge to successfully counter them. Most alleged DUI offenders do not have that kind of knowledge and skills.
How Much Does a DUI Defense Lawyer Cost?
There are a lot of factors to consider when determining the cost of a defense lawyer, like:
- The experience of the lawyer
- Whether you take a plea deal
- Whether you go to trial
- The costs of the experts if you go to trial
- The amount of research
It also depends on whether the attorney charges by the hour or a flat rate. The more experienced lawyers will cost more, but they can save you more in the long wrong in terms of auto insurance and lost wages. At the Law Offices of Matthew Quigg, LLC, we recognize that each case is different, so our fees are tailored to your specific case. Call for a free consultation and DUI defense strategy session, and we can tell you how much it will cost for your case - (215) 458-3923.
Contact a DUI Defense Attorney in Pennsylvania Today
At Law Office of Matthew Quigg, LLC, we know the law and the technical, scientific make-up of field sobriety tests, blood tests, breath tests, and urine tests. We also know how to identify and proactively address any constitutional rights violations to benefit your case. Contact our DUI defense lawyer in Pennsylvania today at (215) 458-3923 to schedule a free consultation and DUI defense strategy session and get honest advice on your best legal options.