If you have been charged with a DUI or DWI, there are various ways the reliability of breath testing results should be challenged. One particular attack concerns the presence of dental appliances or fixtures, such as dentures or bridges, during breath testing. The ability of these fixtures to trap alcohol in the mouth can cause a falsely elevated reading that will be used to wrongly convict a driver for having a breath alcohol reading (BAC) over the legal limit. Food or other foreign substances, such as chewing tobacco, often become lodged under bridges, plates or dentures. When a person has…Read More
Last month, the U.S. National Transportation Safety Board (NTSB) proposed a total ban on the use of cell phones while driving. This ban includes text messaging and talking (even with headsets or portable speakers). According to government studies, “distracted driving” caused by cell phone use is as dangerous as drunk driving (DUI). In 2010, over 3,000 fatalities were caused by distracted driving. The proposed ban calls for enforcement of anti-cell phone laws that would be as aggressive as seatbelt and driving under the influence (DUI) enforcement. Only individual states can enact legislation to regulate the use of cell phones while…Read More
If you are convicted of a DUI charge in the Commonwealth of Pennsylvania, then you may have the opportunity to choose house arrest in place of spending time in jail. Your DUI attorney will guide you through the process of asking for house arrest, but there are few facts you need to know first. In most cases for first time offenders who have a blood alcohol concentration (BAC) under .10%, jail-time is not required. You will be fined $300 and be placed on probation for up to 6 months. The exception is when you were involved in an accident involving…Read More
Getting a DUI charge and conviction may change your life in many ways. Yet, if someone was killed when a DUI was committed, then the penalties are absolutely life altering. Thinking twice before getting behind the wheel after drinking is the easiest way to avoid such consequences. Homicide by vehicle while driving under the influence is considered a felony of the second degree in Pennsylvania. This means that a conviction could result in a maximum of 10 years in prison, a $25,000 fine and a loss of license for three years following release from prison. Additionally, there is a minimum…Read More
The terms “driving under the influence” (DUI) and “driving while intoxicated” (DWI) are well-known terms associated with driving under the influence of certain substances, such as alcohol. It might surprise you to learn that steering a boat while intoxicated can land you in hot water as well. “Boating under the influence” (BUI) isn’t a term you often hear, but it’s a threat to waterway safety. Boating under the influence of alcohol or drugs is illegal – the same as when you’re driving a car. Any substance that hinders your motor skills or clouds your ability to reason is potentially dangerous when…Read More
Philadelphia Eagles football is in full swing and the tailgating season has arrived. Yet, keep in mind during all of this celebrating that you still have to make it home safely. Many Philadelphia sports fans live in New Jersey and, therefore, have to make a return journey across one of the nearby bridges after the game. Over and near those bridges the Delaware River Port Authority police (DRPA) patrols. This police force has the ability to make car stops and arrests on the bridges and in the areas by the bridges on both sides of the river. If you were…Read More
What happens when someone is accused of a crime and under criminal investigation in one state, but that person lives in another state and failed to appear for court? This complicated legal issue is difficult for the judicial systems in both states, as well as the person that has been charged, and may include a warrant for that person’s arrest leading to possible interstate extradition. Thankfully, there is a process for handling situations like this countrywide and in states such as New Jersey and Pennsylvania. Even for DUI cases, which may not seem to be serious criminal matters, those arrested…Read More
Residents of Pennsylvania have the fortune of being able to enjoy the pleasures of boating in the many nearby lakes and rivers. Although the summer has ended, the boating season is still alive. Both avid and casual boaters need to keep in mind the severe penalties for boating under the influence of alcohol or drugs before making a decision to pilot a boat. In Pennsylvania, boating or “operating watercraft” under the influence (BUI) carries similar penalties to those imposed for DUI (driving under the influence). Both have a three-tiered blood alcohol concentration (BAC) system that calls for imprisonment based upon…Read More
Labor Day weekend approaches and so does heightened DUI patrolling. One of the DUI detection methods used during the holiday is the roadblock or checkpoint. These DUI roadblocks are supposed to be minimally intrusive and brief in duration for any driver who is not breaking the law. Nevertheless, if you are under the influence of alcohol or drugs, then most likely the roadblock encounter will end up in your arrest. Here’s what to expect from a DUI checkpoint. Before a driver arrives at a checkpoint, there should be advanced warning in the roadway that a roadblock or checkpoint is ahead. …Read More
When you hear about a breath test or a breathalyzer, you may think of it as a single device, but the truth is there are many different types, and not all breath tests are equal. That can be good news for you if you are facing a DUI charge. Some tests are not very reliable, and because of this, sometimes judges will completely toss out the results of a case. Some manufacturers also do not release information on how their machines work, so it can be difficult to prove that the results are accurate in court. An experienced DUI lawyer will know…Read More