Being arrested for driving under the influence can be a very scary and trying time for the person accused of such a crime, which means you will have plenty of questions regarding your situation and what comes next. For those of you who have been arrested for DUI and wonder how the human body and brain processes alcohol, look no further, we have some of the answers for you right here in this article. Three main topics will be discussed in this article: how the human body processes alcohol if you drank a lot in a short amount of time, how…Read More
The National Highway Traffic Safety Administration (NHTSA) has researched and determined that 3 different physical tests they’ve developed can accurately determine if a driver is impaired due to alcohol and/or drugs. Once the tests were determined to ‘work’, an official program was established to train police to properly give these tests to motorists suspected of DWI / DUI. Unfortunately, testing by various agencies has determined that FSTs (Field Sobriety Tests) are inherently flawed. The information below explains the different tests currently endorsed by NHTSA and the shortcomings of the methodology.. The Horizontal Gaze Nystagmus The horizontal gaze nystagmus (HGN) test involves the…Read More
Pennsylvania is using a highway safety class as one of the means of explaining to people convicted for drunk driving the severity of their actions. These classes are held at various places all over the state in order to be accessible to everyone. Each location must be approved by the local county in order to offer these classes to defendants. Nature Of The Classes The class is similar to a structured class held in middle and high school. There is a curriculum that must be followed. The class aims to inform students of the dangers of driving after consuming alcohol…Read More
The federal government and individual states decided some years ago to beef up their efforts against drunk driving. To that end, many states have enacted tougher laws to prevent driving under the influence (DUI), as well as stronger punishments. Implied Consent The laws and rules pertaining to receiving a driver’s license in Philadelphia contain an Implied Consent clause. This clause states that any person who is legally operating a motor vehicle within Philadelphia and the rest of Pennsylvania has agreed to submit to a blood alcohol content (BAC) test if one is requested by an officer of the law who…Read More
Pennsylvania is one of the many states that follows the Implied Consent rules and procedures. These rules and procedures indicate that anyone driving on the roads of Pennsylvania has given implied consent to submit to chemical testing of that driver’s breath, blood or urine if arrested by a police officer for a DUI. Drunk driving laws in Pennsylvania also follow the same mold of many other states by having two separate cases for people accused of driving under the influence (DUI) and those accused of refusing to provide samples for chemical testing. One case is a criminal case and the other is a…Read More
Once a person is arrested for a DUI charge in Pennsylvania, there are numerous factors that will control the level of punishment. Penalty Determination In 2004, the Commonwealth of Pennsylvania enacted a new system that divides DUI penalties into three separate levels. Each level is based primarily on the person’s blood alcohol content (BAC) at the time of driving. Prior drunk driving offenses also play a role deciding into which level the person is placed. The three levels are: Level 1 – General Impairment. People that have a BAC of .08% up to .099% usually fall into the first level. It is important…Read More