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DUI Archives

What to expect if you refuse a Breathalyzer test

If a police officer suspects that you have been drinking and driving, it is likely that he or she will arrest you and ask you to submit to a Breathalyzer test to determine your blood alcohol concentration. If the test reveals a BAC level of .08 percent or more (for drivers 21 and older), you may be charged criminally for driving under the influence. However, many people wonder if they can legally refuse to take the test in the first place.

Assistance navigating DUI charges

Pennsylvania is an "implied consent" state. What this means is that in exchange for the privilege to drive on the state's streets, roads and highways, you agree to consent to a chemical test if a law enforcement officer has formed a reasonable suspicion that you are driving under the influence (DUI) of alcohol or a controlled substance. If you refuse the test, you could lose your license and face some heavy financial penalties.

What does "implied consent" mean in Pennsylvania DUI cases?

Under Pennsylvania law, anyone with who is driving in the state - in exchange for the privilege to do so - is deemed to have consented to a chemical test to determine blood alcohol content or the presence of a controlled substance. This is known as "implied consent." What it means is that if a law enforcement officer has "reasonable grounds" to suspect that a motorist is driving under the influence, and may be charged with DUI due to use of alcohol or drugs, the officer can request that the motorist submit to a chemical test.

State Police: Update DUI laws for medical marijuana use

In Pennsylvania it is illegal to operate a vehicle with any amount of THC - a chemical in marijuana - in a driver's blood stream. However, using marijuana for medical purposes, as long as it is prescribed by a licensed physician, became legal last year. The first dispensaries in the state are slated to open this year, and the Pennsylvania State Police are concerned that the the laws, as currently written, do not adequately account for the legal use of medical marijuana.

What will officer do to decide whether I am drunk?

Police officers in Pennsylvania are trained to be on the lookout for drivers who appear to be intoxicated. Through observation, they make note a driver's inability to stay in their lane or other allegedly erratic driving habits, and through those observations, they may develop a suspicion of the driver's impairment. Once a driver is stopped an officer may ask a driver to submit to field sobriety testing to confirm their suspicion of drunk driving.

What penalties am I likely to face for drunk driving?

It is important for individuals accused of drunk driving to understand that they face serious consequences and penalties but they may wonder what they are. Specific penalties and consequences associated with driving while intoxicated vary by state but there are some general penalties and consequences that are common. First, it is important to note that individuals accused of drunk driving face possible criminal penalties and administrative consequences associated with a DUI charge.

Important change to Pennsylvania DUI laws

A recent change to Pennsylvania DUI laws allows individuals accused of a DUI the option to continue driving with a special license and an ignition interlock device installed on their vehicle for a year. An ignition interlock device functions as a breathalyzer test that prevents the vehicle from starting if alcohol is detected in the driver's breath. An alternate diversionary program may also be available but the accused individual's driver's license will be suspended for 30 to 90 days.

Crack down on drunk driving in place through Labor Day holiday

Drunk driving charges should be taken seriously. In a Pennsylvania community east of the State College area police are cracking down on drunk motorcycle riding and other types of drunk driving. Authorities recently announced the drunk driving enforcement campaign. Both state and national messaging, along with increased enforcement, is hoped to reduce impaired motorcycle riding and drunk driving on the nation's roadways. Authorities will be conducting zero-tolerance patrols for impaired driving. The enforcement period will extend through the Labor Day holiday.

Knowing the penalties associated with repeat DUI charges

In Pennsylvania, mandatory penalties are associated with repeat DUI charges. When an individual accused of a DUI has a previous DUI in the 10 years prior to the current charge, they may face additional penalties associated with the charges. Multiple offenses can mean increased penalties and consequences for the accused individual so it is important to understand how drunk driving charges are assigned.

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  1. I came to Lance when I was going through a horrible experience. He was patient and kind as he explained the legal process of my situation. There was a deep level of humanity in his approach combined with logic and expertise. I am very grateful for all of his help and would recommend him to anyone.

  2. I came to Lance when I was going through a horrible experience. He was patient and kind as he explained the legal process of my situation. There was a deep level of humanity in his approach combined with logic and expertise. I am very grateful for all of his help and would recommend him to anyone.

  3. I came to Lance when I was going through a horrible experience. He was patient and kind as he explained the legal process of my situation. There was a deep level of humanity in his approach combined with logic and expertise. I am very grateful for all of his help and would recommend him to anyone.

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