DUI Defense

Penalty for Driving While Suspended for DUI: 1543(b) If you've been charged with 1543b, you need a lawyer immediately. The penalties for driving while suspended for DUI are severe in Pennsylvania. Even if your license is suspended for refusing the blood test and you are eventually found not guilty of the underlying charge you can still run into trouble with the license suspension itself.  75 PA.C.S 1543(b) is the applicable statute. Although this statute is merely under the traffic code, it contains a mandatory 60 day imprisonment sentence. Clients are often very shocked to find out that the driving while license suspended for DUI charge carries more time than…Read More

Motion to Suppress: Search Warrants Required for Car Searches (Again!) A Motion to Suppress from the Philadelphia Court of Common Pleas has significantly changed Pennsylvania law. On December 22, 2020, The Pennsylvania Supreme Court ruled that a warrant is (once again!) required for car searches in Pennsylvania.  This ruling gives new strengths to Motions to Suppress evidence from car stops throughout the Commonwealth. Elections have consequences and the new Democratic majority of the Pennsylvania Supreme Court have ruled in favor of people’s rights.  The Supreme Court explicitly overruled Commonwealth v. Gary, which since 2014 had reduced the rights of Defendants in Pennsylvania to the federal bare minimum standards. Commonwealth…Read More

The decision to drink and drive not only endangers the life of the person who drives while intoxicated, but also the lives of others on the road. One of the dangers of driving while under the influence of alcohol is the causation of a serious or severe accident. Unfortunately, drunk driving accidents are a common occurrence. In the United States, thousands of people are injured in drunk driving accidents every year. Tragically, many lose their lives. After an accident with a drunk driver, it is important to recognize that you have legal options and recourses. The state of Pennsylvania considers drunk driving a crime, especially if it caused an…Read More

Clients often ask me, “What if the witness doesn’t show up at the preliminary hearing? Will the case get thrown out? Will the charges be dismissed?” The courts in Philadelphia, PA have long recognized that a preliminary hearing or probable cause hearing is an important step in the criminal justice process. In the Philadelphia Court of Common Pleas, there is a long-standing practice of dismissing charges if a witness does not show up at the preliminary hearing. However, the counties surrounding Philadelphia, PA such as Montgomery County, Bucks County, Delaware County, and Chester County have, up until recently, treated preliminary hearings as nothing more than a formality and matters…Read More

The Pennsylvania Superior Court recently decided the case of Commonwealth v. Jerome Hampton. This case is good news for privacy rights and the 4th Amendment throughout the Commonwealth. In short, the Court held that pulling your car or parking on the side of a road is not probable cause for a DUI arrest. Facts of Commonwealth v. Hampton In the instant matter, Mr. Hampton had pulled his vehicle over by a grass field in Montgomery County Pennsylvania. The officer, seeing the vehicle, pulled in behind it to investigate without lights or sirens activated. Mr. Hampton had turned off the vehicle and he and a young lady exited the vehicle.…Read More

It’s late at night. You’ve been stopped by the police. O No! you didn’t drink anything but smoked a little marijuana earlier in the day. Relax. Cooperate. Make the officer feel at ease. License and Registration? “Sure, Officer.” “You need me to go back to the station with you? Why? Blood draw? What’s that? I didn’t do anything. I hate needles!” What should I do? What’s this form? “If you don’t consent, you will lose your license for 12 months.” “ But Officer, I don’t want to have a blood draw is there another way? “No, you have to do it or your driver’s license is gone.” Ugh, I’ll…Read More

Being pulled over by an officer for possible drunk driving is a tense situation. It is easier for a person’s nerves to get the best of them. This nervous energy could be misinterpreted by the officer as an indicator that you have been drinking and driving. If you are facing driving under the influence (DUI) or driving while intoxicated (DWI) charges, hire a Philadelphia DUI attorney immediately.  Do not make the mistake of speaking to an officer without an attorney present. You may incriminate yourself if you speak without consulting an attorney. Let us do the talking for you. Stay Calm If you are pulled over for suspected DUI/DWI charges, make…Read More

Mandatory Minimums for PA Driving Under the Influence Mandatory Penalties for First-Offense DUI Convictions: Tier I - General Impairment penalties (Undetermined BAC, .08 to .099% BAC)  No prior DUI offenses ungraded misdemeanor up to 6 months probation $300 fine alcohol highway safety school treatment when ordered 1 prior DUI offense ungraded misdemeanor 12 month license suspension 5 days to 6 months jail time $300 to $2,500 fine alcohol highway safety school treatment when ordered 1 year ignition interlock 2 or more prior DUI offenses 2nd degree misdemeanor 12 month license suspension 10 days to 2 years prison $500 to $5,000 fine treatment when ordered 1 year ignition interlock The…Read More