Got A DUI Charge? Here’s The DUI Legal Process

Got A DUI Charge? Here’s The DUI Legal Process

Why You Need A DUI Attorney If You Get A DUI Charge

All the counties surrounding the mid-state including, Delaware, Chester, Lancaster, Montgomery, Berks, and Dauphin Counties, have experienced a spike in DUI arrests over the last several years. 

Hiring a Lawyer for DUI cases is no small decision. Call The Shelton Firm today at (717) 823-0899 for a free consultation and get the answers you’re looking for.

What Happens When You Get A DUI Charge

Every DUI Trial is an extremely methodical and technical proceeding.  There are two legal issues prevalent in every DUI Prosecution.

First is the stop of the motor vehicle. 

A vehicle stop can be disputed for a variety of reasons, including that the Police Officer did not have the Probable Cause to stop you for a motor vehicle violation. 

The second legal issue in every DUI stop is whether the Blood or Breath test was conducted according to the standards set by the state. 

Several issues can invalidate the results of the blood/ breath test and can lead to the dismissal of the DUI charges.

The DUI Law in Pennsylvania states that a person, may not drive a vehicle if he has drank enough alcohol to 1) render him or her incapable of safely driving the vehicle, or 2) place his BAC above the .08% level. 

  • The law also renders punishments through a three-tier system.
  • The higher your blood alcohol content the tougher the punishment. 
  • Punishments can range from no jail, all the way up to a mandatory minimum of at least one year in state prison. 

Will Your License Be Suspended For A DUI?

You are also required to turn over your license and adhere to a driver’s license suspension.  Read more about driving under suspension.

Don’t face these high fines and Mandatory Minimum sentences alone! Call The Shelton Firm today and make sure you get the best possible outcome.

The legal process that follows a DUI charge is a daunting task and one that should not be tried alone. It’s extremely important to contact and employ an Attorney early in the process to ensure you get the best result possible.

Your DUI attorney may interview potential witnesses, or compile pictures of the scene in order to formulate the best case defense. Investigations should be conducted while witnesses’ memories are fresh and evidence, like video and audio, can be preserved.  

All these things could make a big difference in the outcome of your case.     

What Are The Steps After You Are Arrested For DUI

The first step following a DUI arrest is the Preliminary Arraignment.  

  • At an arraignment, a Judge will read the charges against you, and ask you what you intend to plead.  
  • After you have entered a plea of Not Guilty, the judge sets your bail and schedules a preliminary hearing date.  

Prior to Trial, a Preliminary Hearing is the first court date that you must attend.

It’s of utmost importance that you have secured Counsel at this point.  

Your Attorney has the opportunity to speak with opposing counsel and the arresting officer and may have the possibility to get some or all of the DUI charges dismissed. If the Prosecution is able to provide enough evidence to support the belief that a crime was committed and that you were the one to commit the crime, then the case will move forward.                 

Following the Preliminary Hearing, but prior to Trial, you are given the opportunity to request discovery

At The Shelton Firm we offer legal services ranging from Criminal Defense, Personal Injury, Automobile Accidents, DUI, Divorce and Separation Issues, Expungements and Sealing of criminal records, and Traffic Ticket defense. Our goal is to bring quality and affordable representation to the residents of Chester, York, and Lancaster County.

Related DUI Articles

Questions To Ask Your DUI Attorney

https://www.thesheltonfirm.com/2019/07/24/pennsylvania-state-trooper-charged-dui/

Questions To Ask Your DUI Attorney

Pennsylvania State Trooper Charged with DUI

Pennsylvania State Trooper Charged with DUI

In a show that truly anyone can be charged with DUI, a Pennsylvania State Trooper was charged on Nov 12, 2016, according to the York Daily Record.

DUI Arrests Are On The Rise In PA

While all the counties surrounding the mid-state have experienced a spike in DUI arrests over the last several years, many clients are surprised at how a Criminal Defense Attorney can change the outcome of any criminal proceeding.

Call today at 717-823-0899 for a free consultation and let me lay out your options regarding your DUI Arrest.

Here’s what can happen with multiple dui charges.

What Pennsylvania Law States

In Pennsylvania the DUI law states that a person, may not drive a vehicle if he has drank enough alcohol to:

1) render him or her incapable of safely driving the vehicle, or

2) place his BAC above the .08% level.

The law also renders punishments based on how high over the legal limit you are.  There are 3 tiers and the tiers increase the severity of the punishment you receive.

Read even more about getting a dui in Pennsylvania.

What Are The Possible Punishments For DUI In PA?

Punishments can range from probation, all the way up to a mandatory minimum of at least one year in state prison. You are also required to turn over your license and adhere to a drivers license suspension, and in some cases install Ignition Interlock into your vehicle. Don’t face these severe penalties alone.  

Use The Shelton Firm to get you the best possible outcome regarding your DUI.

The Trooper’s BAC was a .232, which is almost three times the legal limit.

Given his Blood Alcohol content he would have been charged as a Tier 3 making him eligible for the most severe penalties under the law.

The officer was stopped by Police after he was found weaving in and out of traffic in York County.

The state of Pennsylvania has over 50 DUI Task Forces across the state, and over 150 trained Drug Recognition Experts, trained and deployed to detect drunk and drugged drivers.

What many people fail to realize is that these experts helped and contributed to the 52,636 total DUI arrests in Pennsylvania last year.

Have you been charged with Drunk Driving?  

No legal proceeding is simple. You need an attorney to represent you and ensure your rights are protected.

The Shelton Firm represents people throughout Chester, York, and Lancaster County.  Call The Shelton Firm today and get a free consultation. Reach us today at 717-823-0899.

At The Shelton Firm we offer legal services ranging from Criminal Defense, Personal Injury, Automobile Accidents, DUI, Divorce and Separation Issues, Expungements and Sealing of criminal records, and Traffic Ticket defense.   Our goal is to bring quality and affordable representation to the residents of Chester, York, and Lancaster County.

Lancaster City DUI Checkpoint on Nov 23 Leads to 7 Arrests

Lancaster City DUI Checkpoint on Nov 23 Leads to 7 Arrests

The day before Thanksgiving has slowly become one of the biggest drinking days of the year.  In response the Lancaster City Police teamed with several other Police departments to conduct one of the biggest DUI checkpoints of the year.    

The checkpoints were held on Queen Street and on Orange Street 3 years ago, both located In Lancaster City. Ultimately 7 drivers were arrested for DUI, and 4 others were arrested for possession of drugs.  At The Shelton Firm we understand that serious legal consequences can evolve out of what police call “routine interactions” with the public.

Police typically use information collected during a sobriety checkpoint to establish Probable Cause to draw the drivers blood and check it for Blood Alcohol Content (BAC) or Drug Metabolites.   Your appearance, things you say, and what is in plain view in your vehicle can all contribute to whether a policeman has probable cause to draw your blood.  Police can also ask you to perform a Field Sobriety test.

Due to recent department efforts across the state to curb drunk and drugged driving, It is important to be aware of your rights when entering a DUI checkpoint.  So here is what you need to know.

The Supreme Court has stated that although DUI Checkpoints are the equivalent of suspicionless motor vehicle stops they are not on their face unconstitutional.  They must follow certain guidelines so they can be held to not violate the 4th Amendment.  These guidelines are, (1) The Police may only conduct a momentary stop of your vehicle, less than 30 seconds, and they cannot physically search the vehicle or its occupants. (2) The Roadblock must be visible so as to limit the surprise of the people approaching the stop, this can include signs around 500 Feet out, and also the check point should be announced in a local newspaper.  (3) Also the decision to hold a Road block requires prior administrative approval, by a high ranking member of the Department.  (4)  Also the police must show, in court, that the location, and time selected for the checkpoint is likely to be traveled by intoxicated drivers, using empirical, or historical evidence.  (5)  Additionally, the question of which vehicles to stop at the roadblock should be determined by a predetermined standard that does not leave the cars to be stopped up to the officers discretion.

Many people believe that DUI Checkpoints are only designed to stop Drunk Driving.  This would be incorrect.  The numbers for Drugged Driving arrests have been consistently on the rise.  State and Local police have been on the lookout for Drugged drivers and have received extensive training in the signs of drug impaired drivers.

On average more than 1,500 drivers are charged with DUI every year in Lancaster County.  Pennsylvania has one of the strictest regulations regarding Controlled Substance DUI Drivers, which contributes to the stiff increase.  In Pennsylvania a driver can be found guilty of DUI under the Drug portion of the statute even if only a small amount of metabolite is present in the blood.  Metabolite is what remains in your body after it has processed the drugs.  Depending on the drug this metabolite remains in your blood and can be found with a blood test.  In PA the amount of metabolite required to be DUI is so low that a driver who smokes Marijuana on the 1st day of the month can be found guilty of DUI on the 30th day of the month, if the police have Probable Cause to draw your blood.

Have you been arrested or charged with DUI?  Dont navigate the confusing criminal justice system alone. Call The Shelton Firm today at 717-823-0899.

At The Shelton Firm we offer legal services ranging from Criminal Defense, Personal Injury, Automobile Accidents, DUI, Divorce and Separation Issues, Expungements and Sealing of criminal records, and Traffic Ticket defense.   Our goal is to bring quality and affordable representation to the residents of Chester, York, and Lancaster County.

Questions To Ask Your DUI Attorney

Questions To Ask Your DUI Attorney

Before a DUI attorney can give you feedback about your options, he or she needs to understand the charges and evidence. Answer any questions an attorney asks you with candor.

Here are some questions to ask your DUI attorney if you find yourself in a bad spot.

Once you have talked about your case, you can ask these questions of attorneys at The Shelton Firm:

  • Is a plea agreement a possibility? Would you recommend it?
  • Should we go to trial?
  • How does the court process work? What should I expect?
  • How long will do you think my case will take to come to a resolution?

Some additional relevant questions you may want to ask an attorney include:

  • Will anyone else be working on my case? Can I meet them?
  • Who will be representing me in court?
  • How quickly can I expect a response if I need to contact you?
  • How do you prefer to be contacted?
  • How often will I receive updates on the status of my dui case?

Hiring an Attorney

After meeting with The Shelton Firm, you’ll want to make a decision in a timely manner so the DUI attorney can start working on your case.

If you’re not sure if The Shelton Firm is right for you, and you’ve visited multiple firms, here are a few questions to ask yourself:

  • Which attorney had the experience I need for the best outcome in my case?
  • Which one offered advice I found most helpful?
  • With which attorney was I most comfortable?
  • Whose legal fees can I afford?

If you are considering hiring a defense attorney for your DUI case, our experienced DUI lawyers will protect your rights and ensure you get the best representation possible.

Helpful Links For Driving Under The Influence In Pennsylvania

DUI Legislation In PA

Everything You Need To Know

DUI Penalties

Your CBD & DUI Questions Answered

Your CBD & DUI Questions Answered

One of the hottest topics in PA right now is medical marijuana and specifically, CBD oil.

CBD has been shown to improve a wide variety of medical conditions ranging from mental to physical health, including epilepsy and certain anxiety disorders, along with its ability to relieve pain symptoms due to its anti-inflammatory properties.

But there are still a lot of unknowns about CBD oil. So we’re answering some of the most common questions:

What is CBD?

Cannabidiol (CBD) is one of the main cannabinoids found in the marijuana plant, which is extracted from the plant, without the chemical compound Tetrahydrocannabinol (THC), which delivers the “high” from marijuana (Schedule I controlled substance).

Unlike THC, which is responsible for marijuana’s “high” and psychoactive properties, CBD is non-intoxicating and does not alter your mental state.

Will Using It Lead To A DUI?

In Pennsylvania, a person is guilty of a drug DUI under Section 3802(d) if they are operating a motor vehicle if they are under the influence of any drugs or the combination of drugs or alcohol.

Drug DUI includes legally prescribed drugs! While a blood test can reveal the presence of a drug (legal or illegal) or alcohol, it’s essential to understand that a person can still commit a DUI under Section 3802(d) even if the drug is legally prescribed.

The Bottom Line On CBD & DUI

CBD doesn’t cause impairment, but it’s still a drug. Pennsylvania’s Controlled Substance, Drug, Device, and Cosmetic Act (Title 35) specifically list Cannabinoids as controlled substance in Pennsylvania.

Further, Section 3802(d)(1) makes it a crime in Pennsylvania for any person to drive or operate a motor vehicle while under the influence of any controlled substance, which would include CBD.

This means that if this drug is found within a person’s blood following an arrest, it could lead to a conviction for DUI within the Commonwealth for DUI.

You should hire a Pennsylvania Criminal Defense Attorney If you’ve been charged with a drug DUI. It’s in your best interest to consult with a criminal attorney before your first hearing. Call us today at (717) 823-0899 and allow us to help.

At The Shelton Firm, we offer legal services ranging from Criminal Defense, Personal Injury, Automobile Accidents, DUI, Divorce and Separation Issues, Expungements and Sealing of criminal records, and Traffic Ticket Defense. Our goal is to bring quality and affordable representation to the residents of Chester, York, Lebanon, and Lancaster County.

Can You Get A DUI For Using CBD Oil in PA?

Can You Get A DUI For Using CBD Oil in PA?

CBD oil doesn’t cause impairment but it is still a drug

cbd oil and dui what you need to know

CBD oil is everywhere, literally… everywhere in PA. It’s sold in the Park City Mall, Turkey Hill Markets carries it, and you can buy it in dispensaries all over the tri-county area.

One of the hottest topics in PA right now is medical marijuana and specifically, CBD oil. Our DUI attorneys have received a number of questions about this drug and impaired driving in the Commonwealth.

CBD has been shown to improve a wide variety of medical conditions ranging from mental to physical health. It’s been linked to improving epilepsy and certain anxiety disorders. It also has the ability to relieve pain symptoms due to its anti-inflammatory properties. 

So, what’s the deal with CBD oil and DUI?

If you are arrested for a drug DUI under Section 3802, it’s important that your criminal defense lawyer understands any of your prescription medications (including medical marijuana) as it could negatively influence the outcome of your case.

If you are on prescription marijuana, such as CBD, it’s important that your attorney brings to the court’s attention the fact that CBD oil does not have the intoxicating effect due to the lack of THC within it.

If the prosecution does not stipulate to this evidence, there will more than likely need to be an expert witness called for the defense as the results of a blood test could indicate the presence of marijuana as CBD is a derivative of the plant.

Contact The Shelton Firm today if you have been charged with a DUI and have questions.

The U.S. Food and Drug Administration has not approved any CBD products for treatment. It can be difficult to understand exactly what’s inside certain products, because they lack any federal regulation. If you’re considering CBD health products, consult a medical professional.

Additional CBD Links

https://www.greenroadsworld.com/pages/cbd-hemp-oil-pennsylvania/