When you hear of a driver charged with DUI or driving under the influence, you assume that the driver was drunk. However, while driving under the influence of alcohol is common, driving under the influence of marijuana is also become a growing problem in Pennsylvania and throughout the United States.
DUI laws in Pennsylvania prohibit drivers from operating vehicles under the influence of alcohol OR controlled substances, including marijuana. This is the case whether you are driving “while impaired” or “under the influence” of marijuana. In either case, you are breaking the law because marijuana use is still illegal in Pennsylvania.
With Memorial Day right around the corner, the unofficial beginning of summer will mean more people out on the lakes and waterways enjoying the weather in boats. Unfortunately, many boaters will mix alcohol and boating. For those who are caught drinking and boating, they face serious penalties under Pennsylvania’s boating under the influence laws.
A News Release by the Governor’s Highway Safety Association (GHSA) last week stated that a comprehensive update of the 2015 report Drug-Impaired Driving: A Guide for States was being released. The report provides data, research, and other information to help states and policymakers deal with drug-impaired driving. The report has updated data on drug use by drivers, new state laws, programs, drug-related crashes, and research from more than 30 other sources.
According to the News Release, drug-impaired driving has surpassed drunk driving in fatal accidents. In 2015, 43 percent of drivers killed had drugs in their system; this number exceeds the number of drunk drivers killed in accidents during that year.
Underage drinking is a serious problem in the United States. From high schools to college campuses, young people are drinking alcohol and getting into trouble. One program is working to educate teenagers about the dangers of drunk driving by showing them what it feels like to drive while drunk.
The Drunk Suit
No, teens aren’t being allowed to drink and drive, but they are being given a chance to feel what it is like to drive while drunk thanks to the drunk suit and beer goggles. Ford Driving Skills for Life holds events in several states (hopefully they will expand to all states) that give teens the opportunity to put on the suit and goggles to see what it feels like to try to drive when they are drunk. It is a very eye-opening experience for many young people — it certainly was for Jeff Rossen of The Today Show.
In a recent story for the show, Rossen tried the drunk suit and beer goggles. He failed the field sobriety test even though he says he was trying as hard as he could to walk a straight line. The same was true when he had to try to kick over an orange cone. Even more revealing was when he got behind the wheel of a vehicle.
Before Rossen put on the suit and goggles, he made it through the driving course without touching one cone. However, after putting on the drunk suit and beer goggles, Rossen was unable to maneuver through the course without running over the cones.
Erie Drunk Driving Defense Attorney
Not all students experience the drunk driving course. Their first experience with drunk driving is when they have had too much at a party, and they decide they can make it home. Unfortunately, it is easy to make a bad decision when you are intoxicated. A night out with your friends can quickly turn into a nightmare that ruins your college education, family, or career.
However, you don’t have to let a drunk driving charge ruin your life. There are options! Our Erie drunk driving attorney has successfully defended individuals against DUI charges. You must remember that being charged with driving under the influence is NOT the same as being found guilty of drunk driving. The police and the prosecution must present evidence sufficient to prove you were legally drunk or alcohol impaired your ability to drive.
In some cases, the police officer may not have had probable cause for pulling you over. If so, all evidence can be thrown out. In other cases, the police officer may not have been properly trained in administering a breathalyzer test, or he may not have provided adequate or correct instructions for the field sobriety tests. Until you consult with an Erie drunk driving defense attorney, you won’t know if you have a valid legal defense to the criminal charges.
Call NOW to Speak with An Erie Criminal Defense Attorney
If you have been charged with a crime, exercise your right to remain silent except for requesting an attorney. You have the legal right to have an attorney present BEFORE you answer any questions. Don’t give up your legal rights!
Call The Travis Law Firm at (800) 401-2066 to schedule a free legal consultation with one of our Erie criminal defense lawyers. We have extensive experience representing clients who have been charged with a Pennsylvania DUI offense.
Many people use alternative methods of transportation in Pennsylvania other than a passenger motor vehicle or public transportation. You will see people riding bicycles, scooters, and even skateboards to get to where they need to go, especially around Pennsylvania colleges and universities. Many people are walking to work in order to save money and improve health. In the country, you’re likely to see the Amish using their horses and buggies.
Unfortunately, many of these people think nothing of using an alternative mode of transportation after having a few alcoholic drinks. After all, they’re not driving a motor vehicle, so they think they are safe. What they fail to realize is how Pennsylvania’s DUI laws are worded.
Any Method of Transportation
In the Pennsylvania Vehicle Code, a vehicle is defined as anything which can transport a person, which would include a bicycle and Amish buggy. Even though these vehicles don’t have motors and no driver’s license is required to operate these vehicles, in some situations they are viewed in the same manner as a car. A charge of driving under the influence or DUI is one of these situations.
Being arrested for a DUI is an unnerving experience regardless of how it happens to you. But falling for one of these myths can be extremely overwhelming and can cause you to make mistakes related to handling your legal defense. Consulting with an experienced Erie DUI defense attorney is one of the most important things you can do to protect yourself and your freedom. What follows are three common myths that can land you in hot water.
Myth #1: Since There Are Mandatory Jail Sentences for DUIs in Pennsylvania, I Am Going to Jail if Arrested
It does not necessarily mean that you will be going to jail even if you are arrested for DUI. Alternative programs including the intermediate punishment program or the accelerated rehabilitative disposition program may allow you to receive or reduced sentence if you are indeed convicted. An experienced DUI lawyer can help negotiate a plea bargain, which may keep you out of jail.
Myth #2: No One Can Prove I Am Guilty of DUI Since I Did Not Submit to the Breath or Blood Test
You give up some of your rights when you refuse to submit to a chemical test when stopped for suspected DUI. The two types of chemical tests in Pennsylvania are a breath test with a breathalyzer machine and a blood draw at a hospital. By skipping the test, you runt the risk of being convicted for DUI anyways and you’ll also lose your license for an additional one-year period. Although you do have the right to refuse, it’s a right you’ll definitely pay for. There are more stipulations surrounding this option, so talking to a PA DUI Lawyer at The Travis Law Firm about your legal rights is highly recommended.
Myth #3: My First DUI is Not a Big Deal, so I Can Handle the Defense Myself
Being arrested for a DUI in the state of Pennsylvania is a serious matter and can lead to severe consequences. It is imperative that you reach out to an experienced Erie criminal defense attorney as soon as possible after you have been charged. Only a knowledgeable DUI attorney can investigate all possible avenues for resolution and advise you about next steps. An attorney is also better equipped to determine whether or not the police have violated any of your constitutional rights. Get your free confidential consultation with an experienced Erie DUI defense attorney today – your freedom may depend upon it.
Governor Tom Wolf is expected to sign a measure into law that expands the current ignition lock law in Pennsylvania to drunk drivers facing a first-time charge. The Senate recently passed the measure unanimously and the House passed the bill as well.
A 2003 law on the books requires any individuals convicted of multiple DUIs to use the device for a minimum of one year. This law is now expanding to incorporate first-time DUI drivers who receive a conviction. Any individual who has a blood alcohol content of 0.10% or higher at the time of being charged could be facing the requirement of using an ignition interlock device for a minimum of one year.
Interlock Device Instead of Suspended License
The new requirement would be in place of having a suspended license for a year. Officials in the Pennsylvania Senate believe that the law has solid grounding because practically every other state around the country has similar laws. Bear in mind that this provision would not take place for up to 15 months, but it could have a significant impact on your life if you were to become charged after it is active.
An ignition interlock device is a common requirement for DUI offenders in Pennsylvania who are convicted of a second or further DUI charge. The individual being ordered to use the device also has to pay for the cost of installation and any maintenance and could face serious penalties if he or she attempts to tamper with the device.
How Does An Interlock Device Work?
Ignition interlock devices require you to breathe into the device prior to starting your vehicle in order to verify that you are not under the influence of alcohol. The device will lock the ignition in the off position if it determines there is alcohol on the driver’s breath. This is just one of many consequences that can follow an individual who has been convicted of drunk driving.
Get A Free Consultation With A PA DUI Lawyer Today
If you are facing DUI charges in order to better understand your potential consequences, it is important to contact an experienced Pennsylvania DUI defense attorney as soon as possible. We may be able to help you retain your driver’s license, reduce your penalties and possibly have your charges dropped. Schedule your free consultation with a PA DUI Lawyer at The Travis Law Firm today to discuss your legal options – the consultation is free and confidential, you have nothing to lose and everything to gain.
No matter whether you have had past experience with DUIs, it is always nerve-wracking to be arrested. It’s certainly true that any DUI can lead to serious consequences for the charged individual, but the stakes are higher when this is your second offense. Read on to learn more about what you need to do if you have recently been arrested for a second or subsequent DUI. Any DUI can come with major consequences, including fines or even jail time.
Follow these tips in order to handle your second offense DUI charge effectively.
Don’t Speak to the Police without Your Lawyer Present
The police might try to convince you that you have a lot to lose with this being a subsequent DUI charge. They may prod you with questions and expect you to open up with all the details about your experience before the arrest. You cannot count on the police officers to protect you fully. You need to protect yourself by waiting for your Erie criminal defense attorney to help you.
Don’t Accept a Deal without Talking it Over with Your Lawyer
The consequences associated with a second DUI depend on your BAC at the time of the arrest.
- BAC under .10 can lead to up to a $2,500 fine, alcohol safety school, up to 6 months in jail, a one-year ignition interlock mandate, and community service
- BAC .10 to .159 may lead to up to a $5,000 fine, 6 months in jail, treatment, alcohol safety school, ignition interlock use, and community service
- BAC .16 and higher can lead to up to $10,000 in fines, 5 years in prison, treatment, alcohol safety school, ignition interlock use, and community service
If anyone tries to offer you a deal to accept guilt immediately, do not take it. If you followed the first tip, you should already be waiting to share anything until your attorney arrives. What seems like a good deal in the immediate aftermath of being arrested can come back to bite you, so let cooler heads prevail and have your attorney walk you through the pros and cons of accepting any deal.
Hiring The Right Attorney For Your 2nd DUI Really Makes A Difference
Hiring the right Erie PA DUI defense attorney can have a big impact on your ability to handle a second DUI charge. Don’t hesitate to contact The Travis Law Firm for a confidential free consultation about your 2nd DUI. And, always request that your defense attorney be present before you speak to police.
There are several mistakes that you can make immediately after being arrested for a DUI in Erie, Pennsylvania. Like with all cities in Pennsylvania, first time DUI offenders can end up doing more harm than good for their case and making it easier for prosecutors to successfully convict them. Read on to learn more about some of the most common mistakes you should avoid making when you are arrested for a first-time DUI.
Speaking to Police
An individual who is charged with DUI often may not be aware of the full range of his or her rights. They may believe that it is in their best interest to speak with police but you could accidentally incriminate yourself and provide more information than is necessary. Exercise your right to counsel.
If the police suggest that talking to them can actually help your case, hold off on making any statements until you have had the chance to confer with your attorney. There is no penalty for waiting for your attorney and it can actually help you protect your case and your rights. Do not let officers pressure you into accepting guilt or speaking with them until your attorney has been brought in. Remember, what you say can (and often will) be used against you.
Not Getting an Attorney Soon Enough
If you believe that you can handle the DUI charge on your own, you may be in for a rude awakening. Officers of the law are not necessarily concerned with your best interest. They are instead concerned with moving forward with the case as quickly as possible. Trying to speak to them or negotiate a deal on your own can be problematic. This is because the officers know more about PA DUI law than you are likely to and you can do more harm than good by speaking to them on your own.
Arrested or Charged With DUI? Talk To A PA DUI Lawyer Today About Your Rights
It is never recommended to attempt to handle your DUI arrest alone. Even a first time DUI charge in Erie Pennsylvania can have significant ramifications for your future. Do not hesitate to reach out to a knowledgeable PA DUI Lawyer at The Travis Law Firm, we can help you figure out what to do in your situation. Our DUI defense attorneys know the best course of action to mitigate your penalties, help you keep your driver’s license, and possibly have your charges dismissed altogether. Get your free consultation with an experienced DUI lawyer today.
Don’t Count On A Witness To Remember Everything
There are many different reasons that you should hire a Pennsylvania attorney in the event that you have been accused of driving under the influence, but one of the leading reasons is that you should never count on a witness to be your sole method of arguing against a DUI. Individuals who could testify in your favor may be helpful in your case but you should never count on them to remember all the details of what happened.
Memories Fade With Time
In many cases of a driving under the influence charge in which you wish to call a witness, such an individual is unlikely to remember the details of the stop if it has been several days or weeks afterward. This is why you need to retain an experienced Erie, Pennsylvania criminal defense attorney as soon as possible so that he or she can visit with the witnesses and take down any facts. Hiring an attorney as soon as possible after you have been arrested gives your attorneys the best possible chance to speak to the witnesses of the incident as quickly as possible.
The earlier your attorneys are able to speak to witnesses, the higher the chances of your lawyers being able to record details that can have a big impact on your case.
Hire A PA DUI Lawyer To Focus On The Facts If You Are Arrested Or Charged With DUI
What seems like a minute detail now could turn out to be extremely important down the road. Do not count on witnesses to remember all of the details and instead, consult with your Erie, Pennsylvania criminal defense attorney as soon as possible after you have been charged with DUI.
An attorney who understands this process will realize the value in reaching out to witnesses as soon as possible so that you have the best possible chance of combatting these charges. Since DUI charges can have significant repercussions for the rest of your life, it is vital to hire a knowledgeable lawyer as soon as possible after your arrest.
If you were arrested or charged with a DUI, schedule a free, confidential consultation with a PA DUI Lawyer at The Travis Law Firm today to discuss your legal rights. Your future, your driver’s license, and your freedom may depend on it.