- When stopped by police in a possible DUI must I submit
to a chemical test of breath, blood or urine?
- If I refuse a chemical test can I still be convicted
of DUI charges?
- If I am convicted of Driving Under the Influence of
alcohol will I receive a suspension of my operating
privileges?
- If I am caught driving a vehicle while under a DUI
suspension what is the penalty?
- If I am convicted of an offense involving the
possession, sale, delivery, offering for sale, holding for
sale or giving away of a controlled substance will this
effect my operating privilege?
- What is a Preliminary Hearing?
- Is it important to have a Criminal Defense Attorney
present at a Preliminary Hearing?
- What is ARD?
- What is an Ignition Interlocking Devise?
- How long must the Ignition Interlock System be on the
vehicle?
- What is the penalty for an individual driving a
vehicle without an Interlock Devise?
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| Q: When stopped by police in a possible DUI must
I submit to a chemical test of breath, blood or urine? |
A: No. However refusing to submit to a chemical
test will result in a mandatory one year in suspension of
the motorist’s operating privilege.
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| Q: If I refuse a chemical test can I still be
convicted of DUI charges? |
| A: Yes. Typically the Commonwealth of
Pennsylvania charges a person under several subsections of
the Motor Vehicle Code pertaining to Driving Under the
Influence. It is not uncommon for the Commonwealth to charge
a with a violation of Section 3731(a)(1), which states that
a person should not drive, operate or be in physical control
of a vehicle while under the influence of alcohol to a
degree which renders the person incapable of safe driving.
Convictions can be obtained under section 3731(a)(1)
through circumstantial evidences (i.e. accident, alcohol in
the vehicle, behavior...), as well as testimony from a law
enforcement officer or statements from the Defendant.
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| Q: If I am convicted of Driving Under the
Influence of alcohol will I receive a suspension of my
operating privileges? |
A: Yes. Under the Pennsylvania Motor Vehicle Code
a first time conviction for DUI results in a mandatory one
year suspension of the operator’s driving privilege.
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| Q: If I am caught driving a vehicle while under a
DUI suspension what is the penalty? |
A: Under the Pennsylvania Motor Vehicle Code any
person who drives a motor vehicle at a time when their
operating privilege is suspended or revoked as a condition
of acceptance of ARD, suspension related to chemical test
refusal or as a result of a conviction of DUI shall, upon
conviction be guilty of a summary offense and shall be
sentenced to pay a fine of $1,000 and to be imprisoned for a
period not less than 90 days.
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| Q: If I am convicted of an offense involving the
possession, sale, delivery, offering for sale, holding for
sale or giving away of a controlled substance will this
effect my operating privilege? |
A: Under the Pennsylvania Motor Vehicle code
Penndot shall suspend the operating privileges of any person
convicted of the above charges. The period of suspension for
a first offense is six months and for a second offense is
one year.
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| Q: What is a Preliminary Hearing? |
| A: A Preliminary Hearing is a hearing which must
be held not less than three or more than ten days after the
Preliminary Arraignment of a person charged with a
non-summary crime. At a Preliminary Hearing the Commonwealth
will call witnesses and present evidence in order to attempt
to establish a Prima Facia Case. If a Prima Facia Case is
established the case will be held for court.
The Preliminary Hearing stage is an extremely important
step in the criminal process as it is the first opportunity
for a defense attorney to cross examine witnesses, inspect
the physical evidence and assess the Commonwealth’s case
against the accused.
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| Q: Is it important to have a Criminal Defense
Attorney present at a Preliminary Hearing? |
A: Other than the actual trial, the Preliminary
Hearing may be the most important step of the entire
criminal process. In order to establish a prima facia case
at a Preliminary Hearing the Commonwealth presents
witnesses, police officers and physical evidence to support
the charges against the accused. This may be the only
opportunity prior to trial for a Defense Attorney to cross
examine witnesses called by the Commonwealth. It is common
for Defense Attorneys to seek dismissal of the case prior to
trial through evidence obtained at a Preliminary Hearing.
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| Q: What is ARD? |
| A: Accelerated Rehabilitated Disposition is a
Pretrial diversion program usually available to first time
non violent offenders.
The primary purpose of this program is the rehabilitation
of the offender and prompt disposition of the charges.
The County District Attorney has the responsibility of
determining which cases will be recommended for entry into
the ARD Program. Not every first time offender is eligible
for ARD. In Allegheny County for instance a person may be
denied admission into the ARD program if they were driving a
vehicle while suspended or revoked or if one of their
charges includes reckless driving. The ARD Program is not
guaranteed but is discretionary with the District Attorney’s
Office.
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| Q: What is an Ignition Interlocking Devise? |
A: Effective September 30, 2000 an individual
convicted of a second or subsequent offense of driving under
the influence of alcohol will be required to have an
ignition interlock system installed on each motor vehicle
owned by the individual before they are eligible for
restoration of their driving privileges. The Ignition
Interlocking Devise is installed on motor vehicle to
prohibit individuals under the influence of alcohol from
operating the vehicle. Individuals will be required to blow
into the devise before starting their vehicle. If the devise
detects alcohol, it will prevent the vehicle from starting.
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| Q: How long must the Ignition Interlock System be
on the vehicle? |
A: An individual convicted of a second offense of
DUI will be required to drive with the Ignition Interlock
System for one year from the date of their license
reinstatement. Penndot will issue a Ignition Interlock
License to assist law enforcement officers of identifying
those individuals required to use the interlock devise. If
stopped, the vehicle the person is operating must be
equipped with this devise.
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| Q: What is the penalty for an individual driving
a vehicle without an Interlock Devise? |
A: An individual convicted of
operating a motor vehicle not equipped with Ignition
Interlock is subject to the following penalties:
- Pay a fine not less than $300.00 or
not more than $1,000
- Undergo imprisonment for not more
than 30 days
- One year revocation of their driving privilege
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