You were stopped by the police.  You've been accused of having a few too many.  Now you're facing a mandatory jail sentence, a minimum one year drivers license suspension and expensive fines.  What should you do?  You need legal advice and fast.  You want an attorney who knows how to handle your case.

The Cardenas Law Firm has handled numerous DUI (Driving Under the Influence) cases and has helped many individuals avoid jail and reduce the suspension time of their drivers license. Our knowledge of all the legal remedies and programs available in DUI case make our office your best place to turn to first.

CLICK ON A TOPIC BELOW TO VIEW IMPORTANT INFORMATION THAT CAN HELP YOU

• WHAT WE DO (How we can help you)
  
• ALCOHOL IMPAIRMENT CHART (Male and Female)
  
• LAW IN PENNSYLVANIA REGARDING DRINKING AND DRIVING
  
• A.R.D. PROGRAM (Accelerated Rehabilitative Disposition)
  

 WHAT WE DO

Every DUI case is unique, and each has its own facts.  In order to thoroughly defend each Client, in every case we:

• Carefully review police reports for errors, omissions and inaccuracies;
  

• Examine all "search and seizure" issues - Was the stop of your car lawful? Was the detention lawful? Were you detained too long before arrest? Was there probable cause to arrest you?
  

• Determine if the all tests were properly administered in compliance with Pennsylvania law;
  

• Subpoena the maintenance and calibration records of breath test machines used in your case;
  

• If necessary, obtain an independent Lab test of any blood sample to be sure the test result provided by the police is accurate, that the sample is properly preserved, and that it has not been contaminated;
  

• Fully advise you as to all issues listed above, and determine if a trial or negotiated settlement makes most sense in your case.

        As you are no doubt aware, public opinion has turned against persons charged with DUI over the past years. Prosecutors are under pressure to "get tough" with DUI defendants, but juries will acquit DUI defendants under proper circumstances.

        Please consult an experienced Lawyer for your DUI case. Do NOT plead guilty without good legal advice and a complete investigation of your case.

        DUI is a serious criminal charge, and we recommend that no one represent themselves in such a matter.  Often, the DUI defendant can limit his or her appearance in court if represented by an experienced Criminal Attorney; this includes out of State and International drivers.  Should you decide against retaining our services for your drunk driving matter, we still strongly suggest you seek legal counsel experienced in criminal defense for advice.

        Under the Pennsylvania DUI law, a person is presumed to be under the influence of alcohol for driving a motor vehicle if their blood alcohol test shows a level of .10% or greater.  This blood alcohol level for most people is not an indication they were drunk.  Whether or not you personally are impaired at this level is not material to proving the charge. Proving a driving under the influence case, on the surface, is not a difficult one for the prosecuting attorney. A prosecuting attorney must prove (1) you were driving a motor vehicle, and (2) your blood alcohol level was at .10% or greater, or, (3) that you were impaired.

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Proud Member DUI Defenders

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ALCOHOL IMPAIRMENT CHARTS

This is an Alcohol Impairment Chart (male and female) to help you evaluate your drinking habit so you can estimate when you can or cannot drive.   It's not illegal to drink but it is illegal to drive drunk.  Remember, you may think and feel like you're fine to drive but you may actually be over the legal limit.  Have fun but drink responsibly.

Subtract .01% for each 40 minutes of drinking.
One drink is 1 1/4 oz. of 80 proof liquor, 12 oz. of beer, or 5 oz. of table wine.

Subtract .01% for each 40 minutes of drinking.
One drink is 1 1/4 oz. of 80 proof liquor, 12 oz. of beer, or 5 oz. of table wine.

WHAT THE LAW IN PENNSYLVANIA IS REGARDING DRINKING AND DRIVING

PENNSYLVANIA DUI and Related Offenses

DISCLAIMER
THE LAWS WITHIN THIS COMMONWEALTH ARE SUBJECT TO CHANGE, ARBITRARILY AND WITHOUT PRIOR NOTICE. WE ENCOURAGE YOU TO SEEK THE SERVICES OF COMPETENT LEGAL COUNSEL.

 75 Pa.C.S. § 3731

(a) Offense defined. - A person shall not drive, operate or be in actual physical control of the movement of a vehicle in any of the following circumstances:

(1) While under the influence of alcohol to a degree which renders the person incapable of safe driving

(2) While under the influence of any controlled substance, as defined in the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act, to a degree which renders the person incapable of safe driving.

(3) While under the combined influence of alcohol and any controlled substance to a degree which renders the person incapable of safe driving.

(4) While the amount of alcohol by weight in the blood of:

(i) an adult is 0.10% or greater;
(ii) a minor is .02%

[operation of a commercial vehicle is .04%]

 PENALTIES

 INCARCERATION (Mandatory minimums)

        1st Offense - Minimum term of imprisonment: 48 hours
        2nd Offense - (within 7 years of 1st offense)
                            Minimum term of imprisonment: not less than 30 days
        3rd Offense - (within 7 years of 1st offense)
                            Minimum term of imprisonment: not less than 90 days
        4th and Subsequent Offenses -  (within 7 years of 1st offense)
                                                        Minimum term of imprisonment: not less than 1 year

Note: Some counties may use prior convictions, outside the 7 year window, as an enhancement to any potential sentence. This is not within statute or sentencing guidelines, however it is an effective ploy by young prosecutors.

ADDITIONAL CIVIL PENALTY

An additional civil penalty is required by statute. This is the loss of operating privilege (your drivers license) for one year per conviction.

ADDITIONAL PENALTIES

Misdemeanor (1st degree): up to 10,000.00 fine; 2 ½ to 5 years incarceration

Misdemeanor (2nd degree): up to 5,000.00 fine; up to 2 years incarceration

MOTOR VEHICLE HABITUAL OFFENDER STATUS

An operator with 3 or more major motor vehicle violations within 5 years, will be subject to an additional loss of license that exceeds the underlying penalty of 1 year.

RELATED OFFENSES WITH MOTOR VEHICLE

Aggravated Assault by Vehicle While
Driving Under The Influence
(75 Pa.C.S. § 3735.1)

"(a) Offense defined. - A person who negligently causes serious bodily injury to another person as a result of a violation of § 3731 (relating to driving under the influence of alcohol or controlled substance) and who is convicted of violating § 3731, commits a felony of the second degree when the violation is the cause of the injury.

(b) Definition. - As used in this section, the term "serious bodily injury" means any bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ."

Under Pennsylvania law, if the court determines that an individual other than the defendant suffers a serious injury as a result of DUI, the standard ranges of incarceration are as follows:

The above guidelines may be increased or decreased, depending on the factors of each individual case.

Involuntary Manslaughter
(18 Pa.C.S. § 2504)

"(a) General Rule. - A person is guilty of involuntary manslaughter when as a direct result of the doing of an unlawful act in a reckless or grossly negligent manner, or the doing of a lawful act in a reckless or grossly negligent manner, he causes the death of another person.

(b) Grading. - Involuntary manslaughter is a misdemeanor of the first degree. Where the victim is under 12 years of age and is in the care, custody or control of the person who caused the death, involuntary manslaughter is a felony of the second degree."

The criminal offense of involuntary manslaughter consists of three elements:

1. The doing of an unlawful act in a reckless or grossly negligent manner;
2. Which is the direct cause;
3. Of the death of another.

Homicide By Vehicle DUI Related
(75 Pa.C.S. § 3735)

"(a) Offense defined. - Any person who unintentionally causes the death of another person as the direct result of a violation of § 3731 (relating to driving under the influence of alcohol or controlled substance) and who is convicted of violating § 3731 is guilty of a felony of the third degree, when the violation is the cause of death and the sentencing court shall order the person to serve a minimum term of imprisonment of not less than three years. A separate three year term of imprisonment shall be imposed for each victim whose death is the direct result of the violation of § 3731."

Under the above statute there are three elements to the criminal offense of homicide by vehicle while driving under the influence:

1. A driving under the influence conviction;
2. The death of another person; and
3. The death of another person was the direct result of driving under the influence.

Most defenses to the above prosecution of § 3735 focus on: (1) whether the motorist was operating his vehicle under the influence; and (2) assuming the motorist was impaired/intoxicated, whether the victim’s death occurred as a direct result of the § 3731 violation.

ALTERNATIVE DISPOSITIONS

Controlled Substance, Drug,
Device and Cosmetic Act
License Loss

Any person who possesses, sells, delivers, offers for sale, holds up for sale or gives away any controlled substance, whether or not a motor vehicle was used, will upon conviction have their driving privilege suspended.

The terms of suspension will be as follows:

1. First offense: 6 months suspension

2. Second offense: 1 year suspension

3. Third and subsequent offense: 2 years suspension. Any multiple sentences imposed shall be served consecutively.

In addition to serving a suspension, a restoration fee must be paid before your driving privilege will be restored or your learner’s permit application, accompanied by appropriate fees, considered for processing.

Accelerated Rehabilitative Disposition (A.R.D)
(75 Pa.C.S. § 1552)

In some instances, a person may be eligible for an alternative disposition of their pending charge of Driving Under The Influence. Each county in the Commonwealth of Pennsylvania was granted by the General Assembly of Pennsylvania the discretionary right to provide Accelerated Rehabilitation Disposition to persons who are charged with DUI and other nonviolent crimes. However, each county has different requirements and guidelines for a person to be admitted into such a program. 

MINORS AND ALCOHOL
"Zero Tolerance" Law
(75 Pa.C.S. § 3718)

Minors are prohibited from operating a vehicle with any alcohol in their system.

"(a) Offense defined. - A minor shall not drive, operate or be in actual physical control of a motor vehicle while having any alcohol in his system."

18 Pa.C.S. § 6308

"(a) Offense defined. - A person commits a summary offense if he, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages."

Amount of Alcohol

A minor shall not have a breath, blood, or urine content of greater than .02.

If you are under 21 years of age and are convicted of lying about your age to obtain alcohol, carrying a false identification card, or purchasing, consuming, possessing or transporting alcohol, your driving privilege will be suspended for a minimum of 90 days for the first offense, 1 year for the second offense, 2 years for the third and subsequent offenses and you will face a fine of up to 500.00, plus court costs, whether or not a motor vehicle was involved.

If you do not have a driver’s license, you will be ineligible to apply for a learner’s permit or the time period of the suspension. If you are under 16 years of age, your suspension will not begin until your 16^th birthday, provided you acknowledge your suspension and it is received anytime prior to your 16th birthday.

In addition to serving a suspension, a restoration fee must be paid before your license will be returned or your application for a learner’s permit will be considered for processing.

In addition to being subject to a fine, the police are required to notify your parents. The court may then require you to be evaluated to determine the extent of your involvement with alcohol and may also require you to successfully complete a program of alcohol education, intervention or counseling.

If you are underage and are arrested and detained for blood, breath, and/or urine testing, parental consent to conduct these tests is not required, but the police will notify your parents of the arrest. Penalties typically mirror adults, resulting in driving privilege suspension and treatment. Drivers under 21 years of age may also face an automatic suspension of their driving privileges for 1 year, or 6 months if placed in a consent decree program.

Adults, regardless if they are the parents, may be charged with supplying alcohol to minor(s). If convicted, the adult is subject to a fine of at least 1,000.00 for first offense, and 2,500.00 for each additional offense, accompanied by potential incarceration up to one year. Adults are even liable for guests who drink in their houses. An example of potential fines imposed is as follows:

Scenario: 17 minors, in adults home, and drinking alcohol

Potential fines: 1,000.00 for first minor, 2,500.00 for remaining 16 (2,500.00 ´ 16 = 40,000.00 + 1,000.00 (1^st minor) = 41,000.00 potential

Accelerated Rehabilitative Disposition
PA Rules of Criminal Procedure - Committee Introduction

"The primary purpose of this program is the rehabilitation of the offender; secondarily, the purpose is the prompt disposition of the charges, eliminating the need for costly and time consuming trials or other court proceedings.  These rules contemplate that ordinarily the defendants eligible for the A.R.D program are first offenders that lend themselves to treatment and rehabilitation rather than punishment and that the crime charged is relatively minor and does not involve a serious breach of the public trust.  The program is intended to encourage offenders to make a fresh start after participation in a rehabilitative program and offers them the possibility of a clean record if they successfully complete the program. Because of the rehabilitative purpose of the program, and because the program permits prompt disposition of the charges, the descriptive title "accelerated rehabilitative disposition" was selected rather than such terms as "pre-indictment probation" or "deferred disposition". 

Accelerated Rehabilitative Disposition 
Charges brought under PA Title 75, Section 3731 (Vehicle Code)
Driving Under the Influence of Alcohol or Controlled Substances 

3731(e)(6) Any person who accepts Accelerated Rehabilitative Disposition of any charge brought under this section shall accept as conditions the imposition of and the judge shall impose in addition to any other conditions all of the following: 

• A fee to cover the costs referred to in section 1548(e) (relating to costs). 

• A mandatory suspension of operating privilege for a period of not less that one month but not more than 12 months. 

• A condition that the defendant, as a condition to entering the program, make restitution to any person who incurred determinable financial loss as a result of the defendant's actions which resulted in a charge of violating this section. 

• Court supervision for any defendant required to make restitution or submit to counseling or treatment. 

• Court supervision for not less than six months when the Court Reporting Network indicates that counseling or treatment is not necessary and not less than 12 months when the Court Reporting Network indicates that counseling or treatment is in order. 

• A fee to cover the reasonable costs, if any, of a municipal corporation in connection with a charge brought under this section which results in Accelerated Rehabilitative Disposition. 

A typical A.R.D Court Order for DUI includes

1. 12 Months probation; 

2. Pay  a specified amount to the use of the County and a specified amount to the use of the jurisdiction of the arresting officer.  Amount paid is based on blood alcohol concentration at time of arrest; the higher the BAC (Blood Alcohol Level), the higher the costs; 

3. Pay the costs of prosecution (usually about $150.00) 

4. Make any restitution as determined; 

5. Complete the DUI Course and outpatient treatment at his/her own expense; 

6. 3-6 months loss of operating privileges depending on the BAC; 

7. Submission of drivers license to the Clerk of Courts for transmission to the Department of Transportation; 

8. Pay $375.00 to the use of the County for reimbursement for the costs of supervision and administration of the A.R.D program; 

9. Drug and alcohol counseling at the direction of the Probation Department; 

10. $25.00 to the EMS fund and $50.00 to the PA CAT Fund; 

11. PA Act 35 supervision fee of $25.00 per month; 
12. Obtain a Court Reporting Network evaluation at own expense; 
    and any other special conditions as deemed necessary and ordered by the Court.

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DISCLAIMER:  The information presented on this web site is designed to be informative, but is not a substitute for qualified legal advice, and does not attempt to contain a comprehensive discussion or description of any area of law discussed, which can be very technical and complex topics.  Do not rely on the materials presented herein without specific consultation with an attorney concerning your specific legal situation.  The posting of this web site for viewing by potential clients or others interested in learning about legal topics does not create an attorney-client relationship.  Similarly, the fact that an attorney may informally answer general E-Mail questions does not create an attorney-client relationship.  The attorneys at the Cardenas Law Firm, PC are current licensed to practice only in the State of Pennsylvania.  This web site is for informational and advertising purposes only and is not an attempt to solicit clients via its Web site.  An attorney-client relationship is formed only after the potential client meets with one of the attorneys in our office for an initial consultation, AND has paid the appropriate retainer fee.

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