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Pennsylvania's Driving After Imbibing law is fairly new and very complicated. There are generally four subsections. You are likely charged under two of them. You are also more than likely charged with at least one summary offense.
If you have been charged with Driving Under the Influence of Alcohol (referred to as Driving After Imbibing in PA)…What do you do next?
The first thing you should do is meet with an experienced, qualified attorney that practices in the community in which you were charged. Although the statute that prohibits driving while intoxicated is a state law the procedures are sometimes radically different in each county and failure to abide by local rules can result in forfeiting your rights and driving privileges.
The second thing you should do is act immediately. Timing is everything. You will have several options, including the ARD program, all of which will require strict compliance with strict time frames.
One last thing. As a DUI attorney I am always asked two questions; what should I do if I am stopped by a police officer and have been drinking? AND if I am arrested what can you do for me?
The answer to the first question is very complicated. You should know however that if stopped and if you refuse the chemical test your license will most likely be suspended for one year for the refusal plus an additional one year (there are exceptions) if convicted of the DUI. However, f this is the first time you have been stopped for DUI and if there was no accident or injury the chemical test will avoid the additional suspension. You are only required to take the chemical test. This test consists of either a breath test at the police station or blood or urine test at a hospital.
You are not required to submit to a breath test (Breathalyzer) at the scene nor are you required to submit to a request to perform field sobriety tests at the scene. I would refuse them out of hand. Most officers are not properly trained and the tests are much too subjective. Refusal to take a preliminary breath test at the scene and refusal to submit to sobriety tests can not be used against you. By agreeing to these types of tests you are usually giving the officer more ammunition to arrest you and eventually convict you.
The answer to the second question is simple. I can do many things for every person charged with DUI in Pennsylvania, even if it's a first offense and ARD is a possibility.
Call me for a free consultation at 717-246-2868.
My fees are competitive and I do offer payment options. Call me any time. If I do not answer leave a message and I will get right back to you. I personally answer my own phone calls.
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