SUMMARY OF PENNSYLVANIA DUI LAW & PROCEDURE

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DUI TABLE OF CONTENTS

.01

INTRODUCTION

  • DUI LAW & DEFENSE IS COMPLEX
  • DUI PROSECUTIONS ARE RIGID
  • ELEMENTS OF A PA DUI

.02

LEGALITY OF THE DUI STOP

  • PROBABLE CAUSE TRAFFIC STOPS
  • REASONABLE SUSPICION TRAFFIC STOPS
  • WELFARE CHECKS
  • CRASH INVESTIGATIONS
  • MIRANDA WARNINGS

.03

Understanding the Elements of a DUI

  • VEHICLE
  • HIGHWAY OR TRAFFICWAY
  • CONTROLLING A VEHICLE​
  • TIME OF DRIVING & THE 2 HR RULE
  • INCAPABLE OF SAFELY DRIVING
  • UNDERAGE DUI OFFENDERS
  • DRIVING A SCHOOL BUS WHILE DUI
  • CDL DUI OFFENDERS​

.04

DUI GRADINGS, PENALTIES, & IMPACT ON YOUR RIGHTS

  • OFFENSE GRADINGS​
  • DUI PENALTIES
  • WHAT PENALTY APPLIES?
  • PRIOR DUI OFFENSES​
  • ​DUI PENALTY CHART​​​
  • SUSPENSION & IGNITION INTERLOCK​​

.05

DUI PROCEDURE

  • RELEASE FOLLOWING DUI STOP
  • NOTICE & CRIMINAL COMPLAINT
  • SEEKING DUI COUNSEL
  • PRELIMINARY ARRAIGNMENT & BAIL
  • PRELIMINARY HEARING
  • ​REQUIRED DUI EVALUATIONS​
  • FORMAL ARRAIGNMENT​
  • DUI CASE PATHS​
  • DIVERSIONARY PROGRAMS
  • GUILTY PLEA
  • TRIAL
  • SENTENCING ALTERNATIVES​
  • DUI APPEALS
  • CLEARING DUI RECORDS

.06

DUI TESTING: SFSTs & CHEMICAL BAC TESTS

  • ​STANDARD FIELD SOBRIETY TESTS (SFSTs)​
  • CHALLENGING SFSTs​
  • CHEMICAL BAC TESTING​​
  • DUI REFUSALS​
  • CHALLENGING CHEMICAL TEST BAC RESULTS
  • CHALLENGING BREATHALYZER TEST RESULTS​​
  • CHALLENGING BLOOD TEST RESULTS​

.07

AGGRAVATED DUI CASES

  • ​CLASS OF DRIVER
  • REFUSAL
  • DUI WITH MINOR PASSENGERS
  • DUI WITH PROPERTY DAMAGE
  • DUI ACCIDENTS WITH INJURIES
  • AGGRAVATED ASSAULT BY DUI​
  • HOMICIDE BY VEHICLE WHILE DUI
  • FLEEING OR ELUDING WHILE DUI
  • DUI OFFENDERS WITH ELEVATED PRS

.08

DUI PROGRAMMING

  • PROGRAMS REQUIRED BY STATUTE
    • CRN
    • FULL DRUG & ALCOHOL ASSESSMENT
    • ALCOHOL HIGHWAY SAFETY SCHOOL
  • COURT ORDERED PROGRAMS
    • TREATMENT​
    • COMMUNITY SERVICE
    • VICTIM IMPACT PANEL
    • LITTER BRIGADE

.09

FREE TIPS FOR DUI DEFENDANTS

  • ​EVERYONE MAKES MISTAKES.
  • GET ORGANIZED & BE PREPARED.
  • LOOK LIKE YOU'RE READY FOR SOMETHING ESPECIALLY IMPORTANT.
  • BE PREPARED TO MAKE IMPORTANT DECISIONS
  • PROMPTLY COMPLETE ALL REQUIREMENTS.
© October 29, 2017, David V. Lampman, II​
‍
Any unauthorized reproduction of this content is forbidden.

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​Lampman Law practices criminal defense and civil rights in the Counties of: Bradford, Carbon, Clinton, Columbia, Lackawanna, Lehigh, Luzerne, Lycoming, Mifflin, Monroe, Montour, Northampton, Northumberland, Pike, Schuylkill, Snyder, Sullivan, Susquehanna, Union, Wayne, Wyoming. Lampman Law Office is located in Wilkes-Barre, Luzerne County, Pennsylvania.

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