THE "DUI-GUY" - DUI ATTORNEY PAUL AAROE, II
Your Subtitle text

DUI information

AAROE LAW OFFICE'S other attorneys are proud to offer the following OTHER resources:
FAMILY LAW - DIVORCE, CUSTODY, SUPPORT AND PROPERTY DIVISION (nancy@aaroelaw.com)
PERSONAL INJURY - AUTO ACCIDENTS - INJURY CLAIMS
The DUIguy
2568 Nazareth Rd. Easton, PA 18045 US
Phone: 610-559-7401 Website: www.duiguylehighvalley.com
Credit Cards accepted.
Free initial consultations.
Contingent fees on injury cases.
Payment plans and Retainer financing available

Resources courtesy of:

AAROE LAW OFFICES, PC
2568 Nazareth Rd
Easton, PA 18045
PA - 610-905-5895
NJ - 908-475-1717
paul@aaroelaw.com

Click here for:
AAROE LAW ON FACEBOOK 

For information on ARD expungement of criminal record (Lehigh County) 

ALCOHOLIC'S ANONYMOUS ON FACEBOOK

District Justices Northampton County

District Justices Lehigh County

Lehigh County Homepage

Northampton County Homepage

dwi lawyer, dwi attorney, best criminal attorney, dui help, dui defense lawyer, dui defense lawyers, dui defense attorney, best dui lawyers, Easton dui lawyer, dui guy, arrow law offices

dwi lawyer, dwi attorney, best criminal attorney, dui help, dui defense lawyer, dui defense lawyers, dui defense attorney, best dui lawyers, Easton dui lawyer, dui guy

expungement

Mandatory fines and penalties - NJ
From http://www.state.nj.us/mvc/Violations/dui.htm

Alcohol or drug related DUI with BAC of 0.10% or greater
License loss
Fines, fees & surcharges
Prison term
Community service, IDRC & Interlock
7 months–
1 year
$300–$500 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Up to 30 days
12–48 hours IDRC*
BAC 0.15% or greater: ignition interlock device during license suspension and 6 months - 1 year following restoration


Alcohol or drug related DUI with BAC greater than 0.08% but less than 0.10%
License loss
Fines, fees & surcharges
Prison term
Community service, IDRC & Interlock
3 months
$250–$400 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Up to 30 days
12–48 hours IDRC*


Repeated DUI convictions
Offense
License loss
Fines, fees & surcharges
Prison term
Community service, IDRC & Interlock
2nd offense within 10 years
2 years
$500–$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
48 hours–
90 days
30 days CS
12–48 hours IDRC*
Ignition interlock device during license suspension and 1-3 years following restoration
3rd offense within 10 years of 2nd offense
10 years
$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,500/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
180 days
Up to 90 days CS (can reduce period of imprisonment)
12–48 hours IDRC*
Ignition interlock device during license suspension and 1-3 years following restoration


Related Offenses

Driving or riding with an open container
Offense Fines   Community service
  1st   $200   –
  2nd   $250   10 days


Driving with a DUI suspension
License loss Fines or surcharges Prison term
Additional
 1–2 years
$500 fine
$250/year (for 3 years) surcharge
  10–90 days


Driving while possessing drugs
License loss Fines or surcharges
  2 years   Minimum $50 fine


Driving while possessing drugs
License loss Fines or surcharges
  2 years   Minimum $50 fine

Notes:
  • *IDRC - Intoxicated Driver Resource Center
  • *AERF - Alcohol Education and Rehabilitation Fund
  • Underage drinking may cause a six-month delay in getting a license
  • Alcohol and drug-related offenses require completion of an alcohol screening and evaluation program

Failure to pay DUI surcharges will result in
  • Indefinite suspension of driving privileges
  • Action filed in State Superior Court by MVC. This may include securing a lien against your property, garnishing your wages or other similar action

From

__________________________________________________________________________________

Mandatory fines and penalties - Pennsylvania
from http://www.dmv.state.pa.us/legislation/dui.shtml

.08 DUI Legislation

Act 24, which lowered Pennsylvania's legal limit of alcohol from .10 to .08, was signed into law on September 30, 2003. The new Driving Under the Influence (DUI) Law creates a tiered approach toward DUI enforcement and treatment, and includes many changes to the penalties, terms of suspension, fines and other requirements. The combination of an individual's Blood Alcohol Content (BAC) level, and prior offenses, determines the licensing requirements and penalties. The new law focuses on treatment for first-time DUI offenders, rather than strictly punishment and suspension.

There are now three levels of DUI:

  1. General Impairment (.08 to .099% BAC)
  2. High BAC (.10 to .159% BAC)
  3. Highest BAC (.16% and higher)

Under the new DUI law minors, commercial drivers, school vehicle or bus drivers, and offenders involved in an accident that injures someone or causes property damage may be subject to the high BAC penalties even if their BAC is not in the high category. Offenders who refuse breath or chemical testing may be subject to the highest BAC penalties. The following charts show the penalties for each of the BAC categories:

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 new law creates a higher set of penalties for those having higher BAC levels. It allows for treament at all levels, and requires alcohol highway safety school for all first and second time offenders.

High BAC penalties (.10 to .159% BAC)

 

No prior DUI offenses

  • ungraded misdemeanor
  • 12 month license suspension
  • 48 hours to 6 months prison
  • $500 to $5,000 fine
  • alcohol highway safety school
  • treatment when ordered

1 prior DUI offense

  • ungraded misdemeanor
  • 12 month suspension
  • 30 days to 6 months prison
  • $750 to $5,000 fine
  • alcohol highway safety school
  • treatment when ordered
  • 1 year ignition interlock

2 or more prior DUI offenses

  • 1st degree misdemeanor
  • 18 month license suspension
  • 90 days to 5 years prison
  • $1,500 to $10,000 fine
  • treatment when ordered
  • 1 year ignition interlock

3 or more prior DUI offenses

  • 1st degree misdemeanor
  • 18 month license suspension
  • 1 to 5 years prison
  • $1,500 to $10,000 fine
  • treatment when ordered
  • 1 year ignition interlock

For those at the highest BAC levels, the new law has strict penalties, but also allows for treatment. This even-handed approach allows for individuals to receive counseling for their alcohol problem, while still penalizing those who choose to continue the dangerous practice of drinking and driving.

In addition, drivers under the influence of controlled substances and those who refuse breath or chemical testing are subject to the highest BAC category penalties.

Highest BAC penalties (.16% and higher) or Controlled Substance

 

No prior DUI offenses

  • ungraded misdemeanor
  • 12 month license suspension
  • 72 hours to 6 months prison
  • $1,000 to $5,000 fine
  • alcohol highway safety school
  • treatment when ordered

1 prior DUI offense

  • 1st degree misdemeanor
  • 18 month license suspension
  • 90 days to 5 years prison
  • $1,500 to $10,00 fine
  • alcohol highway safety school
  • treatment when ordered
  • 1 year ignition interlock

2 or more prior DUI offenses

  • 1st degree misdemeanor
  • 18 month license suspension
  • 1 to 5 years prison
  • $2,500 to $10,000
  • treatment when ordered
  • 1 year ignition interlock

The following outlines specific components of the new law, and changes from the previous law that impacts DUI drivers.

Blood Alcohol Content (BAC) Levels
The Blood Alcohol Content (BAC) level for per se* DUI is lowered to .08%.
-Effective September 30, 2003

Penalties for DUI will be based on BAC and prior offenses.
-Effective February 1, 2004

Accelerated Rehabilitative Disposition (ARD)
Requires courts to impose suspensions for BAC ARDs based on the following BAC ranges:

  • Less than .10% - no suspension,
  • .10% to less than .16 - 30 day suspension, or
  • .16% and above - 60 day suspension

-Effective February 1, 2004

License Suspensions
Suspensions will be imposed as follows:

  • BAC below .10% and incapable of safe driving: No suspension for first offense if the driver meets certain criteria; 12 month license suspension for second or subsequent offense.
  • BAC greater than or equal to .10% and less than .16%: 12 month license suspension for first and second offense. 18 month suspension for third or subsequent offense.
  • BAC greater than or equal to .16%: 12 month license suspension for first offense. 18 month suspension for second or subsequent offense.
  • Out-of-state DUI convictions: No suspension for first offense; 12 month license suspension for second or subsequent offense.

-Effective February 1, 2004

DUI Treatment and Evaluation
Treatment and evaluation processes are geared to rehabilitation.

-Effective - Phased-In Through 2009

Ignition Interlock
Drivers who receive a second or subsequent DUI violation on or after September 30, 2003, can no longer serve an additional one year suspension in lieu of obtaining an ignition interlock device. Drivers are required to install ignition interlock on all vehicles owned (including leased) before driving privileges can be restored.

-Effective September 30, 2003

Additionally, the following exemptions and penalties have been added:

  • Financial Hardship Exemption:Drivers may apply for an exemption from the requirement to install the ignition interlock device on all of their vehicles. If the exemption is granted, ignition interlock installation will only be required on one vehicle.
    -Effective February 1, 2004
  • Employment Exemption:Under certain circumstances, ignition interlock restricted drivers may operate employer owned vehicles but only in the course and scope of employment. The employee must notify the employer of the ignition interlock restriction and carry proof of employer notification on a PennDOT form. The employer owned vehicle cannot be a school bus/vehicle or large passenger vehicle.
    -Effective February 1, 2004
  • Ignition Interlock Violations:Individuals convicted of driving without or tampering with the ignition interlock device will have their ignition interlock period extended 12 month from the date of conviction for the first offense and will have their driving privileges suspended for 12 months for the second or subsequent offenses. Upon restoration they must comply with ignition interlock for 12 months. Individuals, whose driving privileges are suspended during the ignition interlock period for a non-ignition interlock violation, must complete the ignition interlock period upon restoration.
    -Effective February 1, 2004

 

Occupational Limited Licenses (OLL's)
First time DUI offenders may be eligible for an OLL after serving 60 days of their suspension. Individuals whose licenses are suspended for 18 months (for DUI or refusing breath or chemical testing) and have no more than one prior offense may be eligible for an OLL with an ignition interlock after serving 12 months of their suspension. In addition, first time underage drinking violators may be eligible for an OLL.
-Effective February 1, 2004

Expungement of Accelerated Rehabilitation Disposition (ARD) Records
PennDOT will automatically expunge ARD records after 10 years providing a person's operating privileges were not revoked as a habitual offender and/or the person was not a commercial driver at the time of the violation.
-Effective February 1, 2004

Credit (Suspension)
Individuals suspended for driving a vehicle not equipped with an ignition interlock device or driving under a DUI-related suspension, with a BAC of .02% or greater cannot receive credit for their suspension until jail time has been served.
-Effective February 1, 2004

Implied Consent/Breath or Chemical Testing
Suspensions for individuals who refuse to submit to breath or chemical testing may be increased. Breath or chemical testing may now be required for individuals who are arrested for driving under a DUI-related suspension or driving without an ignition interlock device.
-Effective February 1, 2004

 

* "Per se" is a Latin phrase that means "by itself." Evidence that a person drove, operated or was in control of a motor vehicle with a BAC of .08% or higher is enough by itself to convict the person of DUI. A person with BAC less than .08% might still be convicted of DUI is there is evidence that he or she imbibed enough alcohol to make him or her incapable of safely driving, operating or being in control of a motor vehicle.


What is the timeline for a DUI in Northampton County PA?

After the arrest there is a period of waiting for your charges to arrive. They usually come within a few weeks. When you get the charges, you will be given a Court date at the local magistrates office where you were arrested and ordered to get fingerprinted and photographed. Before you go to the magistrate, you must get processed in this manner.

The first appearance at the Magistrate is the PRELIMINARY HEARING. It is at this time that the Commonwealth (the police) must present evidence of each element of the offense that you are charged with. In a DUI case, the elements are that (1) You operated a vehicle and (2) that within two hours of the operation they gave you a test that indicated that you were over the legal limit (.08) or that you were incapable of safe driving.

At the hearing, the defense may cross-examine the witnesses presented, object to evidence, and call witnesses. If the Commonwealth presents a prima facie case (probable cause), the case will be sent to the Court of Common Pleas for an ARRAIGNMENT.

At the arraignment, the District Attorney will talk to you or your attorney and advise you of your trial rights. This is done by handing you a packet that tells you of those rights. These include TIEM DEADLINES that must be complied with or you can LOOS RIGHTS that you have. You will be then given a TRIAL DATE. At the arraignment, you will have to choose whether you want a trial or want one of the “programs” (Plea offers) that the District Attorney is going to offer you. (it is nice to have a GOOD LAWYER with you to advise you what to do at these Court dates).

If you are going to go to TRIAL, your lawyer can file pretrial motions on your behalf prior to trial. These can include a request to suppress evidence because of some illegal action by the police, for discovery of information that the police have, and many other motions. A judge will decide these prior to trial.

The TRIAL is the time when the Commonwealth must prove your guilt beyond a reasonable doubt. Until they do that you are innocent of the charges and presumed so until and unless a judge or jury finds you guilty. There are opening statements. The Commonwealth’s witnesses must testify, the defense can cross-examine them, and call witnesses if it wishes. Even EXPERT WITNESSES can be hired in some cases to testify to things such as the blood tests, or the impairment of the Defendant.

At the end of the trial the Judge or jury will determine your guilt or innocence after closing arguments.

REMEMBER: MOST cases do not result in trials! A good attorney can negotiate and often get you the best result without having to go to trial.

Paul Aaroe (The DUI GUY)

 (c) 2012

 

Website Builder