Topic: DUI – Prior Offenses

Summary: For a DUI offense to be a second or subsequent conviction for sentencing purposes, the offender must be convicted of the prior offense before committing the second or subsequent offense.

http://www.aopc.org/OpPosting/Supreme/out/J-41-2009mo.pdf

Although it may have many names, including driving under the influence (DUI), Driving After Imbibing (DAI), Driving While Intoxicated (DWI) drunk driving, and drunken driving, operating a car after using or while using alcohol or drugs is a serious matter. As the name varies, so do the laws in each state concerning DUI/DWI (which is how it will be referred to in this application). However, there is one constant: it can cause serious injuries or death, and it is against the law. Following are answers to some common questions that arise in DUI/DWI situations in Pennsylvania.

How serious is DUI/DWI?

DUI/DWI is a serious problem. Hundreds of Pennsylvanians are killed each year in DUI/DWI accidents. Although many of those accidents result in the death of the intoxicated party, a significant and unfortunate number involve the death of “innocent” parties who were in the wrong place at a time when someone chose to drive a car while impaired. DUI/DWI is dangerous for those individuals who chose to operate a car under the influence, and for those individuals whom they injure or kill. In addition to the severe physical injuries that may result in a DUI/DWI accident, there are also serious emotional and mental scars that may never fully heal for both the offenders and their victims.

WHAT DUI CAN AFFECT

• Privilege to Go Hunting
• Buying of Firearms
• Carrying of Firearms
• Traveling out of the Country including Canada and Other Foreign Countries
• Automobile Rentals
• Car Insurance
• Privilege to Drive
• Criminal Record
• Career / Employment
• Professional License
• ATV/Boat Operation

Is it “safer” to drink beer, wine or hard liquor in excess?

None of them. Different types of drinks contain different concentrations of alcohol, or what may be called “proofs.” The proof rating is two times the alcohol concentration. Therefore, a 200 proof liquor has a 100 percent alcohol concentration. Most hard liquors have a higher alcohol concentration than most wines, and most wines have a higher alcohol concentration than most beers, meaning that it may take “less” hard liquor and wine to become intoxicated. However, the alcohol concentration of a drink is not everything. You also have to consider the size of the drink that you are having. Therefore, a shot glass of hard liquor, which is usually only about 1-1/2 ounces of alcohol, may end up having the same effect as one five-ounce glass of wine or one twelve-ounce beer.

Drinking any alcoholic beverage to excess is never a good idea. Not only may you seriously injure yourself or others if you decide to operate a car after drinking excessively, but you may also suffer other physical injuries whether or not you decide to operate a motor vehicle. Excessive alcohol consumption over a long period of time can cause damage to the kidneys, liver, heart, and brain. Excessive use of alcohol within a short period of time can also lead to death.

What is a blood alcohol content?

A blood alcohol content (BAC) or blood alcohol level (BAL) is a measure of how much ethanol is in your system. The ethanol level in your blood is a byproduct of the broken down alcohol that you consumed. BAC and BAL are measured in a scientific manner that calculates the ratio of ethanol to blood within your system. Therefore, if you have a BAC of .15, that really means that you have .15 grams of ethanol per 100 millimeters of blood in your system. In Pennsylvania, if your BAC or BAL is above .08, and you are operating a car or other vehicle (including some dangerous machinery), you have broken the law.

• You may still be charged with DUI/DWI even if your BAC or BAL is under .08

Do I have to take a breath analyzer test?

A breath analyzer test measures a persons BAC or BAL. The amount of ethanol that is in your system is the same as the amount of ethanol that is “on” your breath when you exhale and inhale. As a result, police are able to test your BAC or BAL by having you breathe into a breath analyzer. Whether you are required to take the test depends on the law in the state you are in at the time. Under Pennsylvania law, if you refuse to submit to a breath analyzer test or other similar test for measuring your BAC or BAL, such as a blood test, your license will automatically be suspended for a minimum of one year. If you are later found to have not been intoxicated or impaired, your license may still be suspended as a result of your failure to cooperate.

Can I be charged with DUI/DWI for driving after taking drugs?

Yes. If you operate a car under the influence of drugs such as heroin, cocaine, marijuana, or any other illegal substance, you can be charged with a crime. In addition, it is not only illegal drugs that can get you into trouble. Many prescription medications and some over-the-counter medications carry with them specific warnings that they may impair abilities and should not be used while operating any dangerous equipment, including motor vehicles. Check the labels on all medications carefully. Don get behind the wheel if you are taking any medications that are incompatible with safe driving.

What will happen if I have more than one DUI/DWI conviction?

What will happen to you depends upon what state you are in. In Pennslyvania, there is a “step-up” method for handling multiple DUI/DWI convictions for the same person. In Pennsylvania, a person will be required to pay a fine and perhaps serve a minimum term of imprisonment for a first conviction in addition to having their license suspended. For a second offense, some states may increase the fines and imprisonment or term of suspension. Additional offenses may result in revocation of a license, incarceration and the loss of driving privileges for life. In addition, a judge will order that the offender participate in an alcohol or drug treatment and education program. Of course, if you seriously injure or kill another person while operating under the influence, you may face additional charges and civil lawsuits. See PA DUI Penalties for more information.

Are “alternative” penalties okay for DUI/DWI?

In many cases “alternative” penalties are allowed in DUI/DWI cases. A judge hearing your case may have discretion in deciding how you should be punished. In situations where you have seriously injured or killed another person, the judge may not have such discretion, but in first time offenses, or in less serious matters, the District Attorney may be willing to put you into the Accerelated Rehabilitative Disposition program (ARD) where you will have a shorter period of license suspension (30-60 days vs. 1-2 years) and your record can be expunged (erased from the criminal records).

Should I get an attorney if I have been charged with DUI/DWI?

In Pennsylvania, you are required to have an attorney, and it is a good idea to retain one as soon as possible if you have been placed under arrest or charged with DUI/DWI, since these laws are strictly enforced. If you are faced with a DUI/DWI charge, a good Philadelphia DUI  attorney may be your only hope for avoiding or reducing any penalties or imprisonment you may face.

The arresting officer must forward Notice of Refusal (DL-26 Form), to inform Pennsylvania Department of Transportation of operator’s refusal. Once received, PennDOT forwards order to operator that license shall be suspended, (30) days from date of correspondence. Operator has this time parameter, (30 days from correspondence date), to appeal to civil proceeding.

As of February 2, 2004 there are three categories a person will fall into based on the level of the alcohol in their system. There is

a) .08%-.099%

b) .10% – .159%

c) .16% and higher

Included in this category are refusal to submit to a test. All of the categories require a Court Reporting Network (CRN) evaluation; the first and second offenders require Alcohol Highway Safety. (AHSS). BAC .16 or higher and all subsequent offenses require a mandatory Drug and Alcohol (D&A) assessment and treatment. All second and subsequent offense requires the installation of an Ignition Interlock System.

FIRST OFFENSE (NO PRIOR PA DUI OFFENSES WITHIN THE LAST 10 YEARS)

BAC is .08% to .099%. This is an ungraded misdemeanor with a 6 month maximum probation and a $300.00 fine. Required CRN, AHSS and possible D&A. There is no loss of license and no jail time with this particular category.

BAC is .10% to .159%. This is an ungraded misdemeanor with a mandatory 48 hour imprisonment up to a possible 6 months and a $500.00 to $5,000.00 fine. Required CRN, AHSS and possible D&A. The license suspension is 12 months. However there is a possibility to get an Occupational Limited License (OLL) after serving a hard 2 month suspension.

BAC is .16% or higher or refusal to give a blood or breath sample. This is ungraded misdemeanor with a mandatory 72 hour imprisonment up to a possible 6 months and a $1,000.00 to $5,000.00 fine. Required CRN, AHSS and mandatory full D&A. The license suspension is 12 months. Also possibility for OLL after serving hard 2 months suspension.

SECOND OFFENSE

BAC is .08% to .099%. This is an ungraded misdemeanor with a mandatory 5 days imprisonment 6 month maximum jail sentence and a $300.00 to $2,500.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.

BAC is .10% to .159%. This is ungraded misdemeanor with a mandatory 30 days imprisonment 6 month maximum jail sentence and a $750.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.

BAC is .16% or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 90 days imprisonment 5 year maximum jail sentence and a $ 1,500.00 to $10,000.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.

THIRD OFFENSE

BAC is .08% to .099%. This is graded as misdemeanor of the Second Degree with a mandatory 10 days imprisonment 2 year maximum jail sentence and a $500.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC is .10% to .159%. This is graded as a misdemeanor of the First Degree with a mandatory 90 days imprisonment 5 year maximum jail sentence and a $1,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC is .16% or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $ 2,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

FOURTH OFFENSE

BAC is .08% to .099%. This is graded as misdemeanor of the Second Degree with a mandatory 10 days imprisonment 2 year maximum jail sentence and a $500.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC is .10% to .159%. This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $1,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC is .16% or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $ 2,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

If your accident occurs because of a negligent condition, you may be able to pursue a claim against the property owner or tenant to recover damages for your injuries (see Premises Liability). You can also pursue a claim for damages against a state, county, city or other public entity if your accident occurs on government-owned property such as a sidewalk or subway station (see Municipal Liability). Even if you believe that your actions partially contributed to your accident, it may be possible to receive compensation for the damages you suffered.

City and State regulations govern what damages can be recovered in a slip and fall or trip and fall case. One can attempt to recover damages from the party responsible for your accident for the following:

• Pain and suffering
• Limitations, embarrassment, depression, sexual difficulties and missed events and occasions that result from your accident
• Lost income due to your inability to work caused by the damages from your accident
• Medical expenses such as doctor visits, hospital stays and rehabilitation therapy
• Damaged property including the cost of clothing or other items damaged in the accident.

It is extremely important to keep a record of your injuries including any workdays or social occasions you are forced to miss as a result of your accident. Your economic and non-economic costs, as a result of the accident, will form the basis for your potential recovery.

Attorney Joe Mitchell handles these cases and has a thorough understanding of the Pennsylvania state and federal laws applicable to personal injuries resulting from such incidents. I have the resources to investigate the circumstances of your accident and demonstrate the fault of the responsible party. These measures include obtaining statements from the parties at fault before they have a chance to speak with their insurance company or lawyer and recording eyewitness accounts while the event is recent. In some cases, engineers or other experts will examine the accident site to determine if violations exist.

If you have been injured in a slip and fall or trip and fall accident or if you simply need more information, please contact us immediately at 215-557-7111.

Insurance laws and regulations, particularly those involving No-Fault benefits, can be challenging to understand and reimbursements of expenses can be difficult to obtain. Insurance companies don’t always inform you of and don’t always want you to know about their rules and regulations.

Greater Philadelphia, PA Sex Crimes Lawyer
Greater Philadelphia Rape and Molestation Lawyer

Attorney Joe Mitchell has represented individuals charged with sex crimes such as Internet sex crimes, child molestation, rape & statutory rape , indecent exposure, lewd act in public, sexual battery, possession of child pornography and solicitation for prostitution . The penalties for sex crimes range anywhere from unsupervised probation to fines, treatment programs, life registration as a sex offender, county jail and even state prison.

Sex offenses are serious crimes that require complex defenses. Attorney Joe Mitchell can help you if you are charged with a sex crime by:

• Arranging for bail, bail reduction, or for being released on your promise to return and appear in court
• Understanding the possible penalties and likely outcome of the case
• Hiring an investigator to interview witnesses and gather evidence favorable to your case
• Negotiating with the prosecutor for a reduction of the charges and sentence
• Presenting the best legal defense for your case and challenge the prosecutor to prove its case
• Seeking alternative sentencing programs such as house arrest (electronic monitoring), residential treatment, counseling, and informal probation

Attorney Joe Mitchell can help defend you against these serious charges. Call the office and arrange for a free consultation to discuss the specific facts of your case.

Greater Philadelphia Child Molestation Lawyer

Greater Philadelphia Child Abuse Attorney

Child molestation/abuse is a crime that may carry a lasting social stigma and serious legal consequences. Those accused of these crimes are despised, ostracized and shunned by society. Even the mere mention or suspicion of this type of crime is enough to have someone run out of the community. Society views these types of crimes to be far worse than most criminal charges. Keep in mind that a conviction on these charges could mean a lifetime registration as a sex offender.

It is important that you entrust your case to an attorney who understands the law on these cases and knows how to approach and defend against these difficult cases. Attorney Joe Mitchell understands these cases and has defended many individuals accused of these crimes in Los Angeles. He has successfully defended against many cases involving false accusations by children and has kept a number of individuals falsely accused from going to prison for long periods of time.
Child Molestation Charges are a Serious Matter!

Please call my office if you are:

• BEING ACCUSED/SUSPECTED OF CHILD MOLESTATION or
• BEING INVESTIGATED FOR SUSPECTED CHILD MOLESTATION or
• CHARGED FORMALLY WITH CHLD MOLESTATION

Contacting an Attorney

It is especially important early on in the case to obtain an attorney. Whatever you do, do not attempt to handle this matter on your own or by seeking advice from family members. Do not talk to law enforcement if you are being investigated. You have a constitutional right not to talk to law enforcement. Anything you say can and will be used against you! Obtain an attorneyto guide you through this difficult situation.

CALL THE OFFICES OF ATTORNEY JOE MITCHELL AND SPEAK TO A QUALIFIED AND EXPERIENCED ATTORNEY FOR A FREE CONSULTATION. He is available to meet with you and your family to discuss the specific facts of your case privately and confidentially.

Attorney Joe Mitchell and his office staff understand that many individuals who are not career criminals nevertheless have a blemish on their criminal record. By clearing or sealing the record of the offense, you get a clean start that lets you apply for jobs that would involve background checks, apply for credit, and generally make a fresh start without a criminal record. Please take a look below at the answers to some frequently asked questions regarding clearing criminal records.

Frequently Asked Questions Regarding Expungements

(Clearing Criminal Records)

WHAT DOES A CRIMINAL RECORD CONSIST OF?

A criminal record is a history of all of your arrests and convictions. ADD: Adult Criminal Records for Pennsylvania arrests and convictions can be found online at http://ujsportal.pacourts.us.

CAN A CRIMINAL RECORD BE CLEARED, SEALED OR DESTROYED?

Yes, arrests, dismissals and not guilty verdicts can be cleared (or cleansed) from ones criminal record through a legal process known as an "Expungement." An Expungement is a process of clearing or sealing a portion ones criminal records. Convictions can only be erased through a pardon from the govenor.

 WHY WOULD YOU WANT TO "EXPUNGE" OR SEAL YOUR CRIMINAL RECORD?

Having a criminal record impacts your ability to obtain credit or to get the job you want. There are other serious consequences of having a criminal conviction. For example, in todays tight economy employers are doing extensive background checks before hiring new employees. Apartment complexes often reject tenant applications based on criminal records. Criminal records can even affect your ability to obtain a professional license.

A potential employer or landlord can easily obtain your criminal record or history. Law enforcement agencies, (Police and Sheriffs departments), Court and County clerks offices, prosecutorial agencies (District Attorney, City Attorney, U.S. Attorney), and the FBI maintain criminal histories. Many of these records are now available to the general public by way of the Internet. If your criminal arrest, dismissal or not guilty verdict is sealed or expunged then you are legally allowed to say that the arrest never occurred on documents such as job applications, rental applications, or for many other purposes. An expungement gives someone a "clean slate", the opportunity to start fresh.

CAN CRIMINAL CONVICTIONS BE  EXPUNGED?

No, criminal convictions can not be expunged.  Any arrest not resulting in a conviction has the possibility of being expunged. Your attorney can give you the best advice on whether your arrest can be expunged.

HOW DOES THE EXPUNGEMENT PROCESS WORK?

After it is determined that you qualify for an expungement, our office prepares a petition/motion. This petition/motion is filed with the Court and a copy is sent to the appropriate prosecutors office. A hearing date is scheduled in the Court of Common Pleas in Philadelphia or the surrounding counties. At the hearing the Judge will consider the specific facts and circumstances in your case. Your record will be reviewed, or checked.  In addition, the Judge will listen to the prosecutor, as well as your attorneys arguments before deciding whether or not to grant the expungement motion.

HOW LONG WILL IT TAKE TO GET YOUR RECORD EXPUNGED?

The process usually takes 2 to 4 months to complete locally. Pardons can take up to 2 years.

 EXPUNGE CRIMINAL RECORDS

Contact Attorney Joe Mitchell to discuss your matter and determine whether it qualifies for an expungement. We can assist you in expunging your criminal record and you may not even have to make a court appearance. Please call us at 215-557-7111 for a FREE CONSULTATION

Contact an Experienced Attorney to Seal Your Criminal Record
If you have any questions or would like to speak directly to an experienced criminal attorney regarding clearing your criminal record (expungements and pardons), please do not hesitate to call my Philadelphia office at 215-557-7111 for a FREE CONSULTATION. If you prefer, you may e-mail us and Attorney Mitchell or his experienced staff will be in touch with you as soon as possible.