Frequently Asked Questions in Pennsylvania DUI Cases
What is DUI?
DUI is an abbreviation for Driving Under the Influence. A person is guilty of DUI if he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state. (Presently .10%)
Can I still be in trouble for driving, even if my BAC is below the legal limit?
Yes. It is also unlawful to drive with your normal faculties impaired. Normal faculties are those faculties of a person, such as the ability to walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, under Pennsylvania law, a person can be convicted of Driving Under the Influence for this activity. (Please note, this is a subjective view.)
Does the car have to be moving for me to be guilty of DUI?
No. You can be arrested for DUI by driving while over the legal BAC (in Pennsylvania) or while impaired. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in actual physical control of the car.
Do I have to submit to a breath, blood, or urine test?
No. However, refusing such tests is generally not a good idea. The laws of most states permit the motor vehicle department to suspend your privilege to drive for a chemical test refusal. In addition, your refusal to submit to a test upon the request of a law enforcement officer is admissible in any criminal proceeding against you as evidence of you consciousness of guilt.
By accepting the privilege extended by the laws of most states to drive, the courts have determined that you have given your consent to submit to an approved chemical or physical test of your breath for the purposes of determining your BAC, this is called Implied Consent. Therefore, when you sign your name on your license, you are saying that if stopped for a possible DUI, you will accept to take the test. The arresting officer's belief for chemical test is "Reasonable Belief".
A person may ask to have a separate chemical test completed by an independent laboratory or hospital.
Can I fight my loss of license?
Pennsylvania's civil license suspension for a DUI is incorporated in the criminal process and does not go into effect until after a person is convicted, or pleads guilty. The only time a separate Department of Motor Vehicles is available, is for a chemical test refusal. This raises a separate civil issue that must be addressed through an appeal, directly to the Department of Transportation.
CRIMINAL COURT PROCESS (excluding Philadelphia and Pittsburgh)
- Preliminary Hearing- local District Justice
a. Evidence required- prima facie
b. Most important, as part of a criminal case- prepares proper foundation for
trial, and is used as a barometer for strength of the Commonwealth's case.
- Formal Arraignment- county seat; advises a person of charges and trial date
- Trial- is most counties of Pennsylvania, excluding Philadelphia and Pittsburgh, a person has the right to a jury trial. This Philadelphia and Pittsburgh are municipal jurisdiction(s). The accused of a misdemeanor case goes directly to trial without a jury. A municipal judge presides. If convicted a right to appeal does exists.
Serving the Boroughs and Townships of Montgomery County:
Ambler, Bridgeport, Bryn Athyn, Collegeville, Conshohocken, East Greenville, Green Lane, Hatboro, Hatfield, Jenkintown, Lansdale, Narberth, Norristown, North Wales, Pennsburg, Pottstown, Red Hill, Rockledge, Royersford, Schwenksville, Souderton, Telford, Trappe, West Conshohocken, Douglass, East Norriton, Franconia, Hatfield, Horsham, Limerick, Lower Frederick, Lower Gwynedd, Lower Merion, Lower Moreland, Lower Pottsgrove, Lower Providence, Lower Salford, Marlborough, Montgomery, New Hanover, Perkiomen, Plymouth, Salford, Skippack, Springfield, Towamencin, Upper Dublin, Upper Frederick, Upper Gwynedd, Upper Hanover, Upper Merion, Upper Moreland, Upper Pottsgrove, Upper Providence, Upper Salford, West Norriton, West Pottsgrove, Whitemarsh, Whitpain, Worcester
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