FROM ARREST THRU DAY30 WHAT TO EXPECT FOR A PENNSYLVANIA DUI. By Kevin Leckerman, Esq.

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2 FROM ARREST THRU DAY30 WHAT TO EXPECT FOR A PENNSYLVANIA DUI By Kevin Leckerman, Esq.

3 Disclaimer: This publication is intended to be for informational only. No legal advice is being given, and no attorney-client relationship is intended to be created by reading this material. If you are facing legal issues, whether criminal or civil, seek professional legal counsel to get your questions answered. Kevin Leckerman, Esq. Leckerman Law, LLC 1818 Market Street, Suite 3740 Philadelphia, PA (215) Copyright 2013 Leckerman Law, LLC Page 2

4 Client Testimonials I would like to thank Kevin Leckerman regarding my DUI case. I truly could not have expected a better outcome regarding my case, this outcome only happened because of his expert knowledge and dedication to his profession. Kevin really took time to explain every step of the process to me which really helped me make critical decisions on how to proceed, not to mention his invaluable recommendations. I am lucky to have come across his name and will only refer people to Mr. Leckerman regarding DUI offenses. Thanks for your hard work, empathy and responsiveness it really meant a lot to me. John B. Kevin, will go the distance with you and communicate with you about your case every step of the way. I for one would not go into court without legal advice nor should you. I am glad that I had a fighter on my side. Howard N. Kevin Leckerman represented me for a DWI arrest in September of I was looking at a suspended license, losing my job, and large insurance surcharge. Kevin s communication about the process was outstanding. He is relentless and uses his knowledge of DWI laws to your advantage. Kevin S. Copyright 2013 Leckerman Law, LLC Page 3

5 TABLE OF CONTENTS From Arrest Through The 1st 30 Days What To Expect... 5 The Bail And Bail Bonding Process In Pennsylvania For DUI National Driver Register And DUI Attacking A DUI Charge Basics Of Blood Testing For A DUI Breath Testing For A DUI Choosing The Right Attorney Challenging Police DUI Investigations Consequences Of DUI Convictions Field Sobriety Tests What To Do Next Copyright 2013 Leckerman Law, LLC Page 4

6 FROM ARREST THROUGH THE 1ST 30 DAYS W WHAT TO EXPECT Q: What should someone expect to happen from the moment they are arrested for DUI in Pennsylvania through the next 30 days? A: Initially, most Pennsylvania police departments do not issue a complaint at the time that you are arrested. By complaint, I mean a document with the charges against the driver who was arrested. What typically happens is the police officer will wait for blood tests results or delay filing the complaint, even if breath tests results are taken, and issue a complaint with a summons to appear at the preliminary hearing. The preliminary hearing is the first court date. The date to appear for the preliminary hearing typically won t be for at least three or more weeks after the complaint is sent to the driver. Sometimes, there will be a delay of even two or three months from the point of arrest to the time the complaint and summons are sent to a driver. When a person is arrested and taken back to the police station, he or she is essentially going to be asked to give Copyright 2013 Leckerman Law, LLC Page 5

7 one of three types of samples for chemical testing. The first would be a breath sample for a breath test machine. In Pennsylvania, there are many types of breath test machines that are used in each county and in each police department. There is no one standard breath testing machine that has to be used by police officers. When an officer is asking for blood samples, typically that officer is going to have the driver taken to a hospital in order to have a nurse or phlebotomist extract two vials worth of blood. Those blood samples are sent to the laboratory, which can either be a state laboratory or private laboratory. The blood analysis usually takes three or weeks to occur and the results aren t produced for approximately that period of time or sometimes longer. Rarely does a police officer ask for a urine sample. Urine is often requested in situations involving a suspected drug DUI. A driver in Pennsylvania does not have the right to refuse to give a blood, urine or breath sample when requested by a police officer. Nonetheless, the police officer must still have probable cause to arrest the driver and take the driver back to the police station or a hospital in order to get breath samples or blood samples. Copyright 2013 Leckerman Law, LLC Page 6

8 Q: Is it a good idea to contact an attorney immediately? A: Absolutely. After being released from custody, most drivers wait until they receive a complaint in the mail or a summons to appear in court before contacting an attorney. That is generally not a good idea, because certain steps should be taken in the beginning of every DUI case. Investigation may be needed of potential witnesses. Those witnesses should be interviewed immediately concerning the events that took place. There may be the necessity to take photographs of the scene where the investigation occurred or, if an accident occurred, the damage to the vehicle. In accident situations, there may be the need to get an accident reconstructionist to an accident scene before essential evidence is lost. Other times, the attorney can calll the arresting police officer and persuade that officer not to charge the driver with certain criminal offenses. Additionally, if the driver refused to give a blood, breath, or urine sample, then the attorney can persuade the arresting officer to not notify PennDOT of the driver s refusal. This would save the driver an additional twelve months of license suspension Copyright 2013 Leckerman Law, LLC Page 7

9 period, provided that the officer agrees not to send the DL-26 refusal form. Q: Does the complaint and summons ever beat the lab result for blood or urine? A: Yes. Often a complaint will be filed without the lab results. Typically, the blood test results will be revealed at the preliminary hearing. Q: What happens at the preliminary hearing? A: At the preliminary hearing stage, the attorney will have the opportunity to speak with the officer additionally about the charges and perhaps the officer will agree to withdraw certain charges in the complaint or the entire complaint itself, if appropriate. Otherwise, the attorney will be able to cross examine the officer and any other witnesses that are presented at the hearing. The preliminary hearing is for the prosecution to establish probable cause that the charges in the complaint were justified. Much less evidence has to be presented by the prosecution as opposed to the evidence that must be presented at an actual trial. At an actual trial, the prosecutor has to put evidence on the record that would be able to convict someone of a DUI charge beyond a reasonable doubt. Copyright 2013 Leckerman Law, LLC Page 8

10 Q: So what I am getting out of it is that it could be a huge nasty surprise. Is it most of the time that the blood or urine results are revealed at the hearing and not before? A: If the attorney does not contact the police officer ahead of time, then you will not find out what the blood test results are prior to the preliminary hearing. So, in my cases, I will always call the officer before the preliminary hearing in order to find out what the blood test revealed. Most of the times I do hear back from officers. Occasionally, I won t get to speak to the officer until the preliminary hearing. However, knowing what the lab results are prior to the preliminary hearing helps a client understand the potential penalties. The blood test results or breath test results will determine what the level of punishment may be if you are convicted for a DUI. There are three tiers of punishment. If your blood test results are in the highest tier, then you will be facing exponentially higher penalties depending on how many prior DUIs you have. Q: Are there times when the lab results are not ready by the time of the hearing? A: Sometimes, the blood test results are not available at the preliminary hearing. This often occurs when the state laboratory is used to analyze a blood sample. In that case, if I had been in touch with the police officer, I Copyright 2013 Leckerman Law, LLC Page 9

11 often ask the officer to contact me prior to the preliminary hearing with the blood test results. If I don t hear from that officer, then I will try to contact him to confirm the results hadn t been received and then I ll ask for the preliminary hearing to be continued. Otherwise, it is a waste of time to go without the blood tests results being available. Q: The other important thing I heard is that you can potentially, by talking to the police, in the right situation, mitigate the damages before you even get to that first hearing, maybe even in some cases getting rid of the need for it at all. A: Right. Occasionally immediate intervention by an attorney can prevent a complaint from being issued, or certainly mitigate the charges that are going to be placed in the complaint. THE BAIL AND BAIL BONDING PROCESS IN PENNSYLVANIA FOR DUI The first time you re taken in for driving under the influence (DUI), it s likely that you ll get a chance to post bail. If you re denied bail in Pennsylvania, the bail authority must state the reason for the denial. In any case, you should understand exactly what bail is and how the process works. Copyright 2013 Leckerman Law, LLC Page 10

12 In Pennsylvania, a first-time DUI offense is charged as an ungraded misdemeanor which generally carries a lighter penalty than a felony. An aggravated charge generally counts as a felony whichh carries a stiffer penalty than a misdemeanor. Pennsylvania is one of seven states that doesn t generally elevate an aggravated DUI charge to a felony. However, under certain circumstances, the charge can count as a felony. Those circumstances include when serious bodily injury or death occurs from a related accident. This is important because it plays a role in the bail bonding process. The Concept of Bail Bail is similar to the get out of jail free card in the game of Monopoly except in the real world bail usually costs money. Bail is set after you ve been officially charged, and police officers are ready to release you from custody. It s important to understand that paying bail doesn t mean your case is over especially in the case of a DUI. By agreeing to pay bail, you agree to appear in court on a specific date and time. Copyright 2013 Leckerman Law, LLC Page 11

13 It s also possible that you ll have to wait to post bail until after a judge has heard your case. Depending on the severity of the charges, you might remain in jail until a formal hearing or arraignment. At that time, a judge might decidee to set or deny bail. Types of Bail According to Rule 524 of the Pennsylvania crimes code, theree are five types of release on bail: 1. Release on Monetary Condition You have to pay an agreed upon amount of money in order to meet bail. The amount should be a reasonable amount. For example, a $100,000 bail for a first-time DUI offender might be deemed unreasonable especially if theree wasn t an accident or any fatalities. The more serious the crime, the more money you can expect to pay. 2. Release on Nonmonetary Condition This type of bail includes certain conditions in addition to a specific sum of money. Conditions might include restrictions on your travel, social interactions or behavior. For example, the court can prevent a possible flight risk from leaving the city, state or country. A flight risk is a person that has the means to or is likely to leavee town in an attempt to run from justice. Copyright 2013 Leckerman Law, LLC Page 12

14 3. Release on Recognizance (ROR) No money is necessary with this type of bail because bail isn t set. You have to sign a written statement stating that you agree to appear in court on the specified date. You also must refrain from all criminal activity, and keep all court dates as agreed. 4. Release Based on Unsecured Bail Bond No upfront payment is necessary for this type of bail. You sign a document agreeing to pay a certain amount if you fail to show up for your future court date. For instance, failing to keep your court date might cost you $1000 or some other form of security. 5. Release on Nominal Bail You must deposit a specific amount of cash to secure your release. You may also obtain an individual, bail bondsperson or organization to guarantee your appearance in court on the agreed upon date. Unable to Pay Bail If you re unable to pay your bail in cash, you will possibly have the option of using a credit card, bail bondsman or bail agency. A bond is a guarantee that you ll appear in court as agreed. You acquire a bail bond through an agency, and the agency charges you a percentage of the bail amount. For example, consider a $1000 bail. Copyright 2013 Leckerman Law, LLC Page 13

15 If an agency charges 10 percent and covers you for a $1000 bail, then that means you have to pay them $100 for their services. You also might have to provide some other form of collateral, such as your house or car for more expensive bail. If you fail to appear in court as agreed, the bail agency or bail bondsman has the legal right to pursue you and return you to the authorities. If you re not found, then the bail agency or bail bondsmann is responsiblee for 100 percent of your bail. Normally, when you appear in court as agreed, you or the person that paid your bail gets the money back. NATIONAL DRIVER REGISTER AND DUI After a DUI conviction, many people think thatt license suspension is no big deal. After all, they can get past a license suspension for a DUI by moving out of the state, right? Think again. There are many reasons why this is not a viable option. Driving with a suspended or revoked license will often result in the imposition of jail-time, an additional period of suspension and large fines. Additionally, you will likely have a hard time getting a new license in another state. Copyright 2013 Leckerman Law, LLC Page 14

16 Technology has made it easy for states to identify problem drivers. With the National Driver Register (NDR), the Motor Vehicle Departments of other states are able to exchange information about your driving record, making it impossible for you to get a new one. What is the National Driver Register? The National Driver Register is a computer database designed to cross reference driving records in order to identify drivers whose licenses are suspended or revoked. It maintains a problem driver system that allows the State to find negative information about drivers in order to deny issuing or renewing licenses. The Problem Driver Pointer System does not use your license number or social security number for identification. Instead, it matches your last name and the first few characters of your first name, as well as your date of birth. State motor vehicle agencies can then access your records and consider them when deciding whether or not to give you a license. In addition to the National Driver Register, States rely upon an agreement called the Driver License Compact (DLC). The Driver License Compact requires all states that are part of the compact to share information regarding DUI convictions, as well as actions such as license suspensions or revocations. But not all states are members of the compact. Copyright 2013 Leckerman Law, LLC Page 15

17 All 50 states use the National Driver Register, which was set up through federal laws. That means, no matter where you go in the United States, your DUI and driving record will follow. So if you are convicted of a DUI, and as a result, your license is suspended or revoked in one state, another state can easily look it up and discover that you should not be issued a license. How Can You Protect Yourself? In today s world, living without a driver s license can be incredibly difficult, even hurting your chances for employment. That s why you should take your DUI charge seriously. The consequences can be severe and affect all aspects of your life. Hire an experienced DUI attorney to help you sort through your case, prepare a defense, and fight for the best result possible for you. Every case is unique, and just because you ve been charged doesn t mean you are guilty. There is hope, but you need an experienced DUI attorney on your side that knows the system inside and out. ATTACKING A DUI CHARGE BEING CHARGED WITH A DUI DOES NOT MEAN YOU WILL BE CONVICTED Many people believe that if they are charged with a DUI then a conviction is soon to follow. This is simply Copyright 2013 Leckerman Law, LLC Page 16

18 not the case. Theree are numerous ways to attack an allegation of drunk driving. The police and prosecution will use all legal weapons at their disposal to convict you. You need an attorney who will aggressively fight back in your defense. The following is a list of some of the methods DUI attorney Kevin Leckerman routinely uses to defend his clients when charged with DUI. METHODS OF ATTACKING A DUI Illegal Stop In order to stop a motor vehicle, law enforcement must have reasonable suspicion that a crime has occurred or that a motor vehicle offense has been committed. If law enforcement did not have legal justification to stop your vehicle, then all evidence that was obtained following the illegal motor vehicle stop may be inadmissible. Standardized Field Sobriety Tests - There are only threee standardized field sobriety tests one-leg stand, walk-and-turn, and horizontal gaze nystagmus (an eye test referred to as HGN). The results of these tests are used by law enforcement as supposed evidence of intoxication. Nonetheless, they are not reliable methods to determine intoxication. In New Jersey and Copyright 2013 Leckerman Law, LLC Page 17

19 Pennsylvania, the courts have determined that the results of the HGN test cannot even be used against a person. Furthermore, government sponsored studies claim that, when administered properly, the one-leg stand test is only 65% accurate in predicting someone to be over the legal limit. The walk-and-turn test is only 68% accurate. Moreover, there are factors that further compromise the validity of these tests. Certain medical conditions and physical injuries will render these tests invalid. If a person is 50 pounds overweight or is 65 years or older, then the results of these tests are invalid. Other field sobriety tests, such as the alphabet recitation test, finger-to-nose test, and sway test, have no known measure of validity for determining intoxication. Weather - Bad weather conditions can be used to explain certain driving behavior and physical balance problems. Incomplete Production of Evidence - By law, the prosecution must provide all evidence in its possession. Otherwise, a motion to compel evidence can be filed in order to force the prosecution to provide evidence that it is withholding. If the prosecution still fails to produce missing evidence once it is ordered to do so, then the entire case may be dismissed. Copyright 2013 Leckerman Law, LLC Page 18

20 Video Tapes - In many cases, a videotaped recording of the roadside investigation and/or what occurred at the police station was made. Copies of these video recordings must be provided to defense counsel. Often, the recordings will show that police reports are inaccurate. Among other things, these video recordings can be used to show that a person did not have problems operating a vehicle, did not have balance problems, was not incoherent, and did not slur speech. Failure to Read Implied Consent Warnings - All persons arrested must be advised of the obligation to provide breath samples and the penalties that will be imposed if a person refuses to provide those samples. If the proper implied consent warnings are not read in its entirety, then charges may be dismissed. Invalid Breath Test Operator Certification - An operator of a breath testing device must have been properly trained and certified before administering breath tests. Breath test results are not admissible if a breath test operatorr does not have a valid certification. Twenty-Minute Period of Observation Prior to taking breath samples, law enforcement must watch the Copyright 2013 Leckerman Law, LLC Page 19

21 person giving the samples in order to ensure that those samples are not tainted by mouth alcohol. A failure to observe for twenty minutes may result in the breath samples being inadmissible. Expired Documents For Breath Testing Machine - Each breath testing machine must be inspected on a periodic basis. Following this inspection, documents are produced showing that the machine was in proper working order. Breath testing results may be dismissed if those documents are not provided by the prosecution or if the inspection was not done in a specified time period. Proper Operation of the Breath Testing Machine - A breath test operator must follow certain procedures when using a breath testing machine. Otherwise, the results of the testing may be compromised and not admissible as evidence. Interfering Substances - Various chemicals may cause false breath test results if you have been exposed to them under certain conditions. Moreover, medical conditions, such as gastroesophageal reflux disease, may also cause breath testing results to be unreliable. Blood and Urine Collection When blood and/or urine samples are taken for testing, proper procedures must be followed to ensure that contamination of those samples Copyright 2013 Leckerman Law, LLC Page 20

22 did not occur. Contamination may cause the testing results to be falsely elevated. Blood and Urine Testing - To ensure the reliability of testing results, the prosecution must show who had custody of the sample up to the time of testing. Additionally, the prosecution must produce scientific materials that can be examined by a defense expert. These materials may reveal improprieties in the testing procedures. Drug Recognitionn Evaluations - When drug use is suspected, sometimes a specially trained police officer is called to make an assessment of the arrested individual. This assessment is to determine which drug(s) an individual may be under the influence. However, these officers utilize methods of drug detection that are not deemed as scientifically reliable and should be thoroughly challenged. Medical Conditions - Certain medical conditions, such as diabetes, can cause an individual to exhibit behaviors that are consistent with intoxication. Often law enforcement is untrained Copyright 2013 Leckerman Law, LLC Page 21

23 to differentiate between intoxication and diabetic shock. A diabetic attack may also cause the body to create chemicals that a breath testing machine may misidentify as alcohol. Medical records and expert testimony can be used to show that a person was not intoxicated but suffering from a medical condition. Prescription Sleeping Pills - Studies show that certain sleeping pills disrupt normal sleep cycles, causing some people to act out in their sleep. At times, people taking these pills have driven automobiles while totally unaware of their actions. The prosecution of someone who has been sleep driving while under the influence of a narcotic may be effectively challenged. Police Officer Investigation Reports Typically, law enforcement will write reports detailing the important events of an investigation. These reports are provided during the discovery process to defense counsel. Discrepancies in those reports may lead to the prosecutor dismissing charges and will certainly be used against the officer, if the matter proceeds to trial. BASICS OF BLOOD TESTING FOR A DUI If a sample for blood testing was extracted from an individual following a DUI arrest, errors in the collection, transportation and blood testing may have Copyright 2013 Leckerman Law, LLC Page 22

24 occurred. The following is a list of some of those collection, transportation, and blood testing errors: T T T T T T P T The blood sample extraction site on the individual s arm was not properly sterilized. The needle for blood sample extraction was improperly assembled. The needle was improperly asserted for blood sample extraction. The sample for blood testing was drawn from the wrong area of the body. The tubes used for blood sample collection were expired. The amount of blood extracted for blood testing was too little. Preservative and anti-clotting chemicals in the blood sample collection tube were improperly mixed with the blood sample. The blood sample collection tube had a faulty seal. Copyright 2013 Leckerman Law, LLC Page 23

25 The blood sample was stored improperly prior to blood testing. Medical personnel administered intravenous fluids and/or drugs prior to the extraction of the blood sample. The laboratory technician failed to follow laboratory protocols for blood testing. The laboratory failed to properly maintain the machine used for blood testing. The laboratory failed to properly test the blood sample. BREATH TESTING FOR A DUI Typically, the police require a person arrested for drunk driving to submit breath samples for testing. Although breath testing utilizes principles of science, people are still needed to operate the breath testing machines. Therefore, human error often comes into play when a police officer operates a breath testing device to determine a blood alcohol level. Copyright 2013 Leckerman Law, LLC Page 24

26 A number of different breath testing devices are used in Pennsylvania. Some of these breath testing machines include the BAC Datamaster, Intoxilyzer 5000, Intoxilyzer 8000, and Breathalyzer. In New Jersey, the Alcotest 7110 is the primary device used for evidential breath testing.the Alcotest 7110 replaced the Breathalyzer. No matter which device was used, the prosecution must always meet specific requirements for the breath results to be admissible in court. First, there must exist documentation showing the breath testing device was in proper working order. Second, the operator of the machine must have been properly trained and certified. Third, the person ested must have been observed for a specific period of time. Fourth, the machine must have been operated in the proper manner. Often, the prosecution fails to meet the legal standards set for the admission of breath testing results. A properly trained DUI attorney will be able to determine if any errors or omissions were made by the police or prosecutor. Copyright 2013 Leckerman Law, LLC Page 25

27 CHOOSING THE RIGHT ATTORNEY Common questions asked when deciding whom to hire to defend you against a drunk driving charge. 1. Should I hire the attorney who is charging the highest fee? Not necessarily. The highest fee does not always equate to receiving the best legal services. Often the high-priced attorney that you hire may not handle your case from beginning to end or appear with you for every court hearing. 2. Should I hire the lawyer who is charging the cheapest fee? Probably not. Often, the attorney charging the cheapest fees is someone who dabbles in defending people charged with DUI. This type of attorney usually handles a range of cases, such as real estate and family law casess to general criminal matters. However, someonee who does not routinely defend DUI cases is most likely unaware of the complex science and law involved in providing the best defense. Additionally, attorneys who charge the cheapest fees often engage in handling a high volume of cases that they intend to plead out without Copyright 2013 Leckerman Law, LLC Page 26

28 aggressively exploring all available defenses. With most attorneys charging the cheapest fees, you get what you paid for! 3. Should I be aware of the attorney guaranteeing an outcome? Absolutely. Any attorney guaranteeing an outcome is essentially trying to talk you out of your money. An ethical attorney will advise you of all possible consequences of your case, as well as discussing the best ways to defend you against government prosecution. 4. Does anyone win a DUI case? Absolutely. There are numerous ways to aggressively defend drunk driving prosecutions. The only way not to defend such a charge is to simply throw your hands up and plead guilty. While you may regret pleading guilty without challenging the charges, it is highly unlikely that you will regret aggressively defending your case. When making the monumental decision of hiring an attorney to defend you in a DUI prosecution, you have the right to ask the following questions: What type of DUI training have you received concerning DUI detection? What type of DUI training have you received concerning breath testing devices? Copyright 2013 Leckerman Law, LLC Page 27

29 What type of DUI training have you received concerning blood and urine testing? Have you attended any programs primarily focused on the use of headspace gas chromatography and gas chromatography/mass spectrometry? Did you complete those programs and receive a certification of completion? What type of DUI training have you received for field sobriety testing? Have you been certified by the National Highway Traffic Safety Administration to administer standardized field sobriety tests? What type of DUI training have you received for drug recognition tactics used by the police? What type of DUI training have you received concerning drugs that impair driving? Which attorney groups do you belong to that focus on DUI defense? Have you been accepted to the National College for DUI Defense? How many DUI and DWI cases have you defended? How many DUI and DWI cases have you taken to trial? Copyright 2013 Leckerman Law, LLC Page 28

30 Do you use any expert witnesses? If so, do these experts provide reports and testimony concerning standardized field sobriety testing, breath testing, and blood/urine analysis? CHALLENGING POLICE DUI INVESTIGATIONS Each citizen has protections against overzealous police that are guaranteed in federal and state constitutions. If a police officer violates a constitutional protection, then the court may suppress all evidence gathered following the violation. The following is a list of some of these protections during a DUI investigation: A police officer cannot stop a motor vehicle without having a certain level of suspicion that a motor vehicle violation occurred or a crime has been committed. A police officer cannot detain an individual for investigation without having a certain level of suspicion. A police officer cannot seize evidence without having a warrant or there being an exception to the warrant requirement present. Copyright 2013 Leckerman Law, LLC Page 29

31 A police officer cannot arrest an individual without having a warrant or probable cause to believe that a crime has been committed. A police officer cannot search a motor vehicle without having a warrant or there being an exception to the warrant requirement present. Drivers cannot be stopped by a police roadblock unless the roadblock meets certain constitutional standards. When evidence is seized, the police must show a proper chain of custody for that evidence. An improper chain of custody may cause evidence to be disregarded by a court. Errors in a police report can be used to damage the credibility of the officer who wrote the report and other officers involved in an investigation. Mistakes in blood, urine, or breath testing procedures can be cause to have alleged evidence suppressed. Evidence that is destroyed or lost may be cause for a court to dismiss charges. Copyright 2013 Leckerman Law, LLC Page 30

32 CONSEQUENCESS OF DUI CONVICTIONS In both Pennsylvania and New Jersey, a DUI conviction may result in having to face severe penalties, including jail time and a loss of your driving privileges. Jail and financial penalties in PENNSYLVANIA B A D A T Based upon certain factors, the court may sentence a person convicted of DUI to a penalty of 48 hours to 5 years of jail time. A person convicted of DUI may suffer the penalty of being placed on probation instead of serving time in jail. Depending upon the nature of the DUI offense, a person convicted of DUI may face financial penalties from $300 to $10,000 in fines. As part of a DUI conviction, the court will require attendance of Alcohol Highway Safety School at the defendant s expense. The court may also require that a person attend alcohol / drug dependency counseling at the defendant s expense. Copyright 2013 Leckerman Law, LLC Page 31

33 An ignition interlock device must be put on every car owned by the defendant for an second or subsequent DUI conviction at the defendant s expense. A DUI conviction is a criminal conviction. Penalties for driver s license in PENNSYLVANIA License suspension penalties from 12 months to 18 months, depending upon the nature of the DUI offense. Commercial driver s license will be suspended for 1 year or for lifetime, depending upon the nature of the DUI offense. Commercial driver s license with hazmat provision will be suspended for 3 years or for lifetime. Persons caught driving with a DUI related suspension will receive additional driver s license suspension as well as jail time. Occupational limited license (work license) for only certain DUI offenses. Insurance company penalties Copyright 2013 Leckerman Law, LLC Page 32

34 Car insurance companies may impose penalties by raising rates or dropping coverage following a DUI conviction. Life insurance companies will often deny applications for coverage or offer coverage with increased premiums. Individual health insurance policies can potentially be increased. Immigration and travel penalties Potential deportation for non-citizens of the United States. Naturalization denial. Work visa or Green card renewal may be delayed or denied. Foreign countries, such as Canada, will deny immigration requests. FIELD SOBRIETY TESTS DUI field sobriety tests usually involve balance and coordination, which many of us do not have under normal circumstances. However, the circumstances during a DUI investigation are often so stressful and Copyright 2013 Leckerman Law, LLC Page 33

35 distracting that it is nearly impossible to complete any field sobriety tests. The results of these tests should deserve little merit. Unfortunately, these results are allowed to be brought into court by prosecutors as evidence of intoxication. Some of these field sobriety testss have no standards of administration thatt police follow. Tests, such as the alphabet recitation test, finger-to-noshave no known measure of validity. Tests, referred to as standardizedd field sobriety tests, test, finger-touch test, and sway test, have been studied and issued by the National Highway Traffic Safety Administration (NHTSA) as the so-called gold standard for DUI field sobriety testing. NHTSA requires that specific rules must be followed in order for the results of these field sobriety tests to be reliable. There are only three standardizedd field sobriety tests one-lenystagmus (an eye test referred to as HGN). In New stand, walk-and-turn, and horizontal gaze Jersey and Pennsylvania, the courts have determined that the results of the HGN test cannot be used as evidence. Furthermore, government sponsored studies claim that, the one-leaccurate when deciding if someone should be stand field sobriety test is only 65% arrested for drunk driving. That means the police are Copyright 2013 Leckerman Law, LLC Page 34

36 wrong 35% of the time when using this test. The walk-and-turn field sobriety test is only 68% accurate. That means the police are wrong 32% of the time when using this test. Moreover, there are factors that further compromise the validity of these field sobriety tests. Certain medical conditions and physical injuries will render these socalled DUI tests invalid. If a person is 50 pounds overweight or is 65 years or older, then the results of the these DUI tests are invalid. It is important that your attorney knows the standards that should have been used by the investigating police officer when administering these field sobriety tests. Attorney Kevin Leckerman has been certified by both NHTSA and the International Association of Chiefs of Police (IACP) to administer DUI standardized field sobriety tests. Copyright 2013 Leckerman Law, LLC Page 35

37 WHAT TO DO NEXT If you've found any of the information in this publication to be useful and you wish to seek professional legal counsel, contact the author using the following info: Kevin Leckerman, Esq. Leckerman Law, LLC (215) ph Copyright 2013 Leckerman Law, LLC Page 36

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