Criminal Law
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DUI On February 1, 2004, Pennsylvania's new DUI laws went into effect. Penalties for General Impairment (BAC .08-.099%) 1st - 3rd offense - Possible twelve (12) month license suspension; up to six (6) months probation or five (5) days to two (2) years in prison; $300.00 to $5,000.00 fine; alcohol highway safety school; treatment when ordered; and possible ignition interlock. Penalties for High Level of Alcohol (BAC .10-.159%) 1st - 3rd offense - Twelve (12) to eighteen (18) month license suspension; forty-eight (48) consecutive hours to five (5) years in prison; $500.00 to $10,000.00 fine; possible alcohol highway safety school; treatment when ordered; possible ignition interlock. Penalties for Highest Level of Alcohol (BAC .16 & above) - Twelve (12) to eighteen (18) month license suspension; seventy-two (72) consecutive hours to five (5) years in prison; minimum fine of $1,000.00; possible alcohol highway safety school; treatment when ordered; and possible ignition interlock. Penalties for minors at BAC of .02-.159% is treated the same as Penalties for High Level of Alcohol for adults; and BAC of .16% and above is treated the same as Penalties for Highest Level of Alcohol for adults. Penalties for Drivers of Commercial Vehicles (CDL) at BAC of .04 - .159% treated the same as Penalties for High Level of Alcohol for adults; and BAC of .16% and above is treated the same as Penalties for Highest Level of Alcohol for adults. Drivers of School Vehicles are treated the same as Drivers of Commercial Vehicles with the BAC limit starting at .02%. Click here http://www.dmv.org/pa-pennsylvania/automotive-law/dui.php to review the Pennsylvania DUI Legislation. Traffic Violation From running a stop sign to passing a school bus, moving violations can lead to a loss of driving privileges. "Points" can be assessed for any and all moving violations. Click here (http://www.dot.state.pa.us/) to review The Pennsylvania Points System and How it Works. License Restoration Alternative Licenses are driver's licenses that are issued to certain individuals who have lost their driving privileges. These licenses may only be issued in accordance with specific guidelines. An Occupational Limited License (OLL) allows a person who has had his/her driving privileges suspended due to a driving violation, the ability to obtain a driver's license for the limited use of driving a designated motor vehicle to and from the person's residence and place of employment or study. It may also be used to go to and from scheduled or emergency medical examinations or treatment. A person may be issued only one OLL every five (5) years. In order to qualify for an OLL, a person must have been a licensed driver prior to suspension. The person must also never have had his/her driving privileges revoked, disqualified, or recalled. If the holder of an OLL commits a violation, the OLL will be recalled. Not all suspensions qualify for an OLL. A Probationary License (PL) is a non-commercial driver's license that may be obtained by a person who has had his/her Pennsylvania driving privileges suspended or revoked for five (5) or more years. The holder of a PL may drive between the hours of 6:00 a.m. and 7:00 p.m. However, PennDOT will consider extra hours upon request. A PL cannot be used to drive a commercial vehicle, motorcycle, or moped. A PL is issued to an individual once in a lifetime. To qualify for a PL, a person must have served and consecutively earned credit toward a portion of his/her suspension/revocation period. The driver's record must be free of driving offenses, demonstrating the person has not driven during the minimum period of suspension/revocation. Click here http://www.dmv.org/pa-pennsylvania/driving-records.php and use the link to request a copy of your Driving History. Click here (http://www.dot.state.pa.us/) to request a Restoration Letter. Summary Offenses A summary offense is punishable by a maximum of no more than ninety (90) days imprisonment. Misdemeanor Charges A misdemeanor is a "petty" crime, such as minor theft of up to $2000.00 or some driving violations. Some misdemeanor cases can be eliminated at the Preliminary Hearing. Preliminary Hearing The preliminary hearing is often the first hearing following an arrest. At that time, the local magistrate will decide whether or not there is enough evidence to hold the case for court. Felony Charges While a felony is more serious than a misdemeanor, some felony charges can also be reduced to lesser charges during the Preliminary Hearing. Record Expungement An expungement is a complete erasure of criminal charges. So long as a charge initially held against you is withdrawn, reduced, or if you are found not guilty or acquitted, you are able to remove the initial charge from your record. This is NOT done automatically by the court; this is an action that must be initiated by you. |
| (Q) What is ignition interlock? (A) Ignition interlock is a which prevents a vehicle from being started or operated unless the operator first provides a breath sample indicating that the operator has an alcohol level less than 0.025%. (Q) What is expungement? (A) According to Pennsylvania Law, certain circumstances allow an individual to obtain permission to remove their name and case file from the criminal justice system. An expungement effectively purges or erases a criminal record from the files of the Office of the Clerk of Courts and other criminal justice system agencies. (Q) How do I know if my record is expunged? (A) Contact your attorney. Once the Court grants an expungement, the Clerk of Courts eliminates your name and case file from its system. The appropriate record-keeping agencies (Adult Probation, Behavior Clinic, Bureau of Criminal Investigations, District Attorney, District Magistrate, the PA State Police, the Local Police, and the Sheriff) are notified. It takes these agencies at lease six (6) months to purge your records from their systems. |
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