Being charged with a DUI can be a scary experience for many. We understand that bad things can happen to good people and we are here to help. Having a good time at a football game can be very costly. Our expertise in the criminal law system can be a huge help to our clients when they are faced with a life-changing criminal charge like driving while intoxicated (DUI).
A drunk driving (DUI) conviction in Pennsylvania can have very serious and long-lasting consequences. Sentences can range anywhere from heavy fines to prison or jail time. If you or a loved one has been arrested for drunk driving in State College, Pennsylvania, it is in your best interest to contact a DUI Lawyer at Goodall & Yurchak today at (814)237-4100 or use our contact form to email a Centre County Lawyer now.
Pennsylvania drunk driving laws are intended to prevent the operation of a powerful and potentially dangerous vehicle when the operator cannot be in adequate control. Impairment or intoxication in Pennsylvania can be proven in one of two ways:
- Blood alcohol level in excess of .08
- Proof that the driver or operator was impaired from the use of alcohol or illegal drugs
Most prosecutors prefer a blood alcohol level of over .08 in Pennsylvania. The proof does not rely on anyone’s observation or judgment of someone’s behavior, but depends solely on the results of a blood alcohol test. Laws often require a person who is suspected of driving while drunk or using illegal drugs to give a sample of his or her blood or breath for chemical testing purposes. These laws are known as “implied consent” laws, because they provide that any person who operates a motor vehicle has given his or her implied consent to such a test. When blood or a breathalyzer test is taken, it is analyzed by a machine to determine the concentration of alcohol in a person’s blood.
For many years in Pennsylvania the level was .10 percent, but recently it has been lowered to .08. Any driver or operator who has a blood alcohol level over the legal limit is considered legally intoxicated or legally drunk. The results of the test are usually considered conclusive, and can be challenged only by showing that the test failed for a reason such as faulty or malfunctioning test equipment, improper sampling, faulty preservation of the sample, or (in the case of a breath test) a foreign object in the mouth when the test was conducted.
Intoxication may also be proven by the facts and circumstances surrounding the incident for which the driver was stopped or arrested. These facts and circumstances include observations of the driver by eyewitnesses, statements made by the driver or operator, and circumstantial evidence (for example, evidence that a defendant left a bar after being inside for several hours). The inquiry focuses on whether the defendant’s ability to drive was impaired. Law enforcement officers have a number of standard tests for impairment, done at the time a driver is stopped, known as “field sobriety tests.” These tests include walking a straight line by placing one foot directly in front of the other, holding ones arms straight out at the sides and touching the nose with closed eyes, counting backwards, and reciting the alphabet. Other evidence of impairment may include a law enforcement officer’s observation of the defendant’s driving, which probably was the reason the driver was stopped in the first place. Conduct such as driving too fast or too slowly, weaving across lanes, and going through stop signs or stoplights may be considered evidence of a driver’s impairment. Drivers often will tell an officer who stops them that they have been drinking, how much they’ve had to drink, and when they had it. Such statements may also be evidence of impairment.
You do not have to face this alone. We understand that most Americans rely on their driver’s license for their livelihood. We want to make sure that your employment and quality of life is not changed by a drunk driving (DUI) charge. For quality representation please contact a criminal defense lawyer at Goodall & Yurchak today by calling (814)237-4100 or use our contact form to email a State College Attorney now.
From our office located in downtown State College, Pennsylvania, minutes from the PennStateUniversity campus, we are happy to review cases from State College, University Park, Bellefonte, Huntingdon, Lock Haven, Clearfield, Altoona, and surrounding areas. Our attorneys are familiar with the court systems in Centre County, Blair County, Clinton County, Clearfield County, Huntingdon County & Mifflin County, as well as cases in Federal Court.
Fax: (814)237-5601