Frequently Asked Questions Regarding DUI Cases
If I take a roadside breath test do I still need to take another blood test or breath test if the officer requests one?
Yes. Pre-arrest breath tests (commonly referred to as PBT’s) are used only to assist the officer in making a determination of whether to arrest someone of suspicion of DUI when it comes to traffic violations. The actual results of the PBT are not admissible as evidence against a motorist in court. Refusing a breath test or blood test after the PBT will result in increased license penalties and criminal penalties.
Can I get a bread-and-butter license on a DUI charge?
If the charge is placed into the ARD program, the answer is no.
If it is the motor’s first offense DUI charge in his/her lifetime and the motorist pleads guilty to DUI with no other serious vehicle code violations or chemical test refusal, the answer is yes, after the first 60 days of the 12-month suspension has been served.
If the present offense is a second offense DUI within 10 years with an accompanying 18-month license suspension and no other serious vehicle code violations, the motorist can get an Occupational Limited License (OLL) after serving 12 months of the suspension. However, the motorist will be required to get an ignition interlock restricted license and will only be able to drive vehicles equipped with the ignition interlock system.
What are the pros and cons of admitting guilt through a social media outlet?
From a defense attorney’s standpoint, there are no benefits. If the motorist did not previously confess to police during the arrest, the motorist has just given prosecutors more ammunition to convict. Apologies in social media settings do not affect the Pennsylvania sentencing guidelines, unlike the Federal sentencing guidelines were you get sentencing point credits for acceptance of responsibility. Defense attorneys do not have the right to discover all of the prosecution’s evidence until after Formal Arraignment. Allowing the motorist to admit culpability prior to completion of discovery is bad lawyering. Under the rules of criminal procedure, a Defendant has a specific right at the sentencing proceeding to address the victim’s family. The sentencing proceeding is the proper forum for accepting responsibility and apologizing to the victim’s family
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