Harrisburg Pennsylvania Criminal Defense Blog
Can you get a DUI when taking prescription medication?
Many people are aware of the dangers of driving under the influence of alcohol or illegal drugs, but did you know that driving while taking certain prescription medications can also lead to a DUI charge? Even if you have a valid prescription, operating a vehicle while impaired by these drugs...
Penalties for assault and violent crimes
In Pennsylvania, assault and violent crimes come with various penalties that reflect the severity of the offense and the circumstances surrounding each case. It’s important for residents to understand how the state categorizes and penalizes these violent acts. Potential penalties for an assault conviction Assault in Pennsylvania carries significant penalties....
What is different about an underage DUI case?
Driving under the influence is a serious offense that comes with significant consequences for anyone. When it comes to underage individuals, though, the legal landscape is notably different. For parents helping their underage children navigate the complexities of a DUI charge, it is important to understand how this situation differs...
Financial costs of a DUI in Pennsylvania
The Commonwealth of Pennsylvania, known for its rich history and diverse landscapes, also has stringent laws when it comes to driving under the influence. The Department of Transportation reported that 20% of all fatal traffic accidents are due to impaired driving. Beyond the obvious risks to safety, the financial consequences...
What should you do at a DUI checkpoint?
The Centers for Disease Control and Prevention reported fatal alcohol-related crashes have decreased in the 1980s due to various law enforcement efforts. One of those is the use of sobriety checkpoints. Encountering a DUI checkpoint may cause some apprehension among drivers. These checkpoints serve the purpose of deterring and identifying...
What can affect your blood alcohol content level?
It is a common assumption: One drink equals a certain rise in blood alcohol content. However, this oversimplifies a complex process influenced by many variables. By understanding these factors, you might better appreciate the nuances and unpredictability of BAC levels, making you think twice before making assumptions about your or...
When do authorities have the right to search your car or home?
You have certain rights and protections when authorities in Pennsylvania want to search your car or your home, and you do not always have to allow such a search to take place unless certain circumstances are in place. Knowing when you have to allow a law enforcement officer to conduct...
Can you be charged with a DUI even if your vehicle is off?
A DUI charge can lead to significant consequences, including potential driver’s license loss, fines, and even jail time. Most people understand that driving while intoxicated can result in a DUI charge, but it might surprise them to learn that they can also face DUI charges even if their vehicle is...
What to know about DUI checkpoints in Pennsylvania
Police utilize DUI checkpoints, also called sobriety checkpoints, as a way of identifying those driving under the influence. While these checkpoints are legal in Pennsylvania, police must follow certain rules in conducting them. Knowing how checkpoints work gives you a better idea of your rights and helps you avoid confusion...
Reasonable suspicion and probable cause what do they mean?
Almost everyone knows that the terms reasonable suspicion and probable cause relate to law enforcement and court cases, but how do they actually impact your rights and the legality of actions taken by police officers? Whether you currently face a criminal charge or want to protect your rights in the...
What happens to my CDL if I am convicted of DUI?
Commercial driver licensees (CDL) are individuals who possess a special driver’s license that permits them to operate commercial vehicles such as semi-trucks, school buses and passenger buses. A driver must pass extra training to obtain this licensure. Due to this specialized training in Pennsylvania, CDL drivers have a higher standard...
What you should know about your BAC
Every 45 minutes, someone dies in a drunk driving accident despite the strict drinking and driving laws in the United States. In fact, if you are driving, your blood alcohol concentration, or BAC, can be no higher than 0.08 g/dL of blood. However, you may also receive skewed test results,...
Are DUIs a misdemeanor or felony in Pennsylvania?
If you are facing DUI charges, make it a point to familiarize yourself with the distinction between a misdemeanor and a felony conviction. Felony DUI charges tend to carry higher fines as well as mandatory jail time. In Pennsylvania, most DUI charges are a misdemeanor. However, there are a few...
What happens if you get a DUI in another state?
If you live in Pennsylvania and travel to a nearby state, you may wonder what your penalties will look like if you get pulled over for drinking and driving while out of state. You may also wonder if the state of Pennsylvania will even know about your arrest upon return....
Will you lose your license after a DUI in Pennsylvania?
Impaired driving in the state of Pennsylvania can bring steep consequences. In addition to the safety risks to yourself, passengers or other motorists, there are serious legal concerns. Penalties for DUI include jail time or loss of a license. The severity of the penalties increases with multiple offenses or high...
How is self-defense defined in Pennsylvania?
Self-defense is a broad term that encompasses using force against another person who you believe wants to cause you immediate harm. Certain factors have to be present before labeling something as self-defense, and these factors can vary depending on where you are in the country. If all of these factors...
What happens if an underage person gets a DUI?
A drink or two may end in a trip to jail if the police pull you over. When you are under the legal drinking age of 21, you may find yourself facing stiffer penalties than your older counterparts. The law established a special set of DUI laws that apply to...
What are the penalties for DUIs in Pennsylvania?
Plenty of people have found themselves in a situation in which they felt fine to drive, only to find that their blood alcohol content is over the legal limit after stopping for the police. If this happened to you, you should know the potential consequences of driving under the influence...
What should I do if police claim I was driving while high in PA?
Pennsylvania takes a strict approach to driving and marijuana use. Any presence of marijuana, and that driver could find themselves facing criminal charges for a driving under the influence (DUI) or DUI of drugs (DUID) violation. With this approach it is not surprising that the state is known for a...
How accurate are field sobriety tests?
Pennsylvania law enforcement officers are vigilant about making the city streets and highways safer. To this end, they are often on the lookout for signs of impaired driving. While these signs might include reckless driving, swerving, lane drifting or failure to recognize safety signs, there are only a few true...
Can the use of prescription medications lead to DUI charges?
A Pennsylvania driving under the influence charge may lead to serious, life-changing penalties if it leads to a conviction. You may think you are in the clear if you always abstain from driving after drinking. However, certain medications may lead to DUI charges if they hinder your ability to operate...
Soft drug decriminalization does not extend to driving
You have probably heard “Do not drink and drive,” but what about “Do not smoke and drive?” As an increasing number of states relax laws on recreational soft drugs like cannabis, this question is becoming more relevant. This is because drugged driving is leading to more DUI charges. In Pennsylvania,...
What happens if I refuse to take a sobriety test?
Whether you had one drink or several before getting behind the wheel, the red and blue lights on a police car may be the last thing you want to see in your rearview mirror. The officer’s job is to get you off the road if you are a danger to...
Common reasons drunk driving charges undergo dismissal
When Pennsylvania authorities stop your vehicle and charge you with driving under the influence, you may fear the repercussions you may face in the aftermath. The penalties associated with drinking and driving in Pennsylvania are considerable. However, not every drunk driving charge results in a conviction. Instead, many drunk driving...
Get the facts about Dauphin County Drug Court
Offenders in the Harrisburg area facing drug and alcohol related criminal charges may qualify for drug court in Dauphin County. This diversion program offers intensive court-supervised treatment for substance abuse issues with the goal of achieving a sober lifestyle and preventing future involvement with the court system. Review the program...
Proving self-defense after an assault accusation
Accusations of assault have the potential to lead to serious legal trouble, regardless of whether those accusations have merit. If someone attacks you and you behave aggressively to protect yourself, you may be able to show that you acted in self-defense. The self-defense argument is a common one following a...
Understanding Pennsylvania assault charges
Pennsylvania distinguishes between simple assault and aggravated assault. If you face assault charges, the circumstances of the case will determine the type of conviction the defendant may receive if found guilty. Review the difference between simple and aggravated assault in Pennsylvania. Simple assault The state can impose simple assault charges...
Just say no Why you shouldn’t let police search your car
If you get stopped by police, you expect a routine traffic stop. But if the police ask to search your vehicle, what should you do? In Pennsylvania, the best thing to do is politely, but firmly, say no. Responding to a police request to search a car The police need...
DUI penalties get tougher after the first conviction
For someone with no criminal history, a conviction for drinking and driving in Pennsylvania does two things. One, it can get your driver’s license suspended, force you to pay a fine, and potentially send you to jail. Two, it will set you up to experience an even tougher sentence if...
Can I turn away from a DUI checkpoint?
With the holiday season just around the corner, police departments across Pennsylvania will increase their patrols for drunk drivers. Many will have DUI checkpoints over the next several weeks, hoping to stop drunk drivers before they cause an accident and hurt someone else. That’s because the U.S. National Institute on...
Common myths regarding breath tests
Police officers in Pennsylvania commonly use handheld devices to measure the breath-alcohol content of motorists suspected of driving under the influence of alcohol. A reading of 0.08 or more represents probable cause to arrest the driver. The collection of the blood and breath readings used as evidence in court happens...
Methods used by police officers to evaluate DUI suspects
Society has an interest in keeping intoxicated drivers off of the roads of Pennsylvania. As a result, law enforcement officers follow specific guidelines for identifying DUI suspects and then conducting field sobriety tests. Reasons to initiate a traffic stop Patrol officers watch for traffic violations that may indicate intoxicated drivers....
When a breathalyzer test results in a DUI
Blood alcohol content is the basic standard of measuring someone’s level of intoxication despite how inebriated the individual really is. The less someone weighs, the less it takes for a person to hit the legal limit of 0.08. This can make it a shock for someone who learns this after...
High-speed chase in Pennsylvania leads to DUI charge
A Pennsylvania man faces a raft of criminal charges including counts of receiving stolen property, eluding law enforcement and driving under the influence of alcohol after allegedly led police on a high-speed chase through Centre County on the evening of April 28. The 46-year-old Allentown resident is being held at...
The faulty method used to get drug convictions
Though marijuana has been decriminalized in some cities of Pennsylvania, it is still illegal as is driving while under the influence of marijuana. Police have been using less-than-perfect tests to determine if a driver is under the influence of marijuana, but that is not all: In many parts of the...
Pennsylvania woman likely to be acquitted on DUI charge
A panel of Pennsylvania appeals judges have ruled that police officers cannot initiate traffic stops based only on a sense that something is amiss. The decision was handed down in a case involving a 25-year-old Mechanicsburg woman who was charged with driving under the influence of alcohol following a traffic...
Drug possession penalties in Pennsylvania
Pennsylvania residents who are convicted on drug possession charges can face a wide range of penalties. If they are prosecuted in federal court, they would face tough mandatory minimum sentences implemented by Congress in 1986 to stem an epidemic of drug use and narcotics-related violence. The sentence handed down in...
Woman to challenge PA zero tolerance DUI standard
Lawmakers in Pennsylvania approved the use of marijuana for medical use in 2016, and more than 250,000 people in the state have since registered to use the drug to treat conditions ranging from chronic pain to anxiety. However, every one of Pennsylvania’s medical marijuana patients commits a crime each time...
Understanding why you’ve been charged with DUI
It can be all too easy to find yourself facing DUI charges, and the consequences of a conviction can be significant. Even for a first offense, you can lose your driving privileges, which can substantially damage your ability to work, go to school or care for your family. This can...
Drinking and driving falsehoods lead to loaded lore
Police officers arrested you for drinking and driving. You’ve heard plenty of stories about your rights and rules in these situations, but knowing fact from fiction could change how you approach your case. Pennsylvania state troopers arrest tens of thousands of people suspected of driving under the influence (DUI) every...
When to watch out for police during the fall holidays
Police in Pennsylvania are on high alert during the major holidays throughout the year. Since DUI related injuries and fatalities drastically increase around these times, more of them start showing up on the streets as families and friends start throwing parties in the neighborhood. Something that many residents fail to...
Unexpected consequences of a DUI for college students
If you’re a college student, it’s likely you’ve experienced the pressure to go out on the weekends and maybe have a few drinks. College can be a stressful time, and there’s nothing wrong with having a little fun. Unfortunately, it’s very possible to have too much fun and make a...
Ignition interlock devices make a DUI even more costly
How would you feel about having to take a breathalyzer test each time you started your vehicle? That’s the reality for repeat DUI offenders. If the ignition interlock system detects alcohol, your vehicle won’t start. It may ask you to retest while the vehicle is running to ensure that you...
Why silence can be golden when facing arrest
It doesn’t matter if you know you’re innocent. When you are facing an arrest, law enforcement can use whatever you say against you. When you’re facing a potential arrest, the best thing to do is remain quiet. Trying to talk yourself out of it can create more severe consequences. Putting...
Potential penalties for multiple DUI offenses in Pennsylvania
After having a few drinks with friends five years ago, you decided to drive home. You committed a minor traffic violation, and an officer pulled you over. The officer charged you with a DUI, and you faced serious penalties. Unfortunately, after you attended a wedding last weekend, although you felt...
How to get a restricted license after DUI charges
One of the penalties defendants may face for Driving Under the Influence (DUI) in Pennsylvania is license suspension. Depending on the number of offenses you have had, your suspension may last between 12 and 18 months. However, defendants may be able to apply for a restricted license to use until...
Pennsylvania lawmakers reviewing firearms laws
In the wake of the recent tragic Florida school shooting that left 17 dead, Pennsylvania lawmakers are reviewing a series of gun-bills designed to improve public safety in our state. In the past several weeks, both the House and Senate have considered bills intended to improve background checks and keep...
DUI-related laws get attention from Pennsylvania lawmakers
Driving under the influence (DUI) laws continue to evolve in Pennsylvania, a trio of them – two currently in place and the third still in discussion among lawmakers – have been gaining attention the past several months. First, let’s provide a primer on DUI laws. In Pennsylvania, any vehicle driver...