Category: Random Posts

Why You Should Retain a DUI Attorney

Posted on by John W. Gibson

Drunk Driving Terminology

DUI – Driving under the influence of drugs or alcohol

DWI – Driving while impaired or driving while intoxicated

OWI – Operating while imbibing, intoxicated, or impaired

BAC – Blood alcohol content

Breathalyzer – Machine for a breath test to measure your BAC

CDL – Commercial driver’s license

Attorney John W. Gibson defends clients arrested for DUI (driving under the influence of drugs or alcohol) and DAI (driving after imbibing) in Pennsylvania. Below we would like to enumerate and elaborate on some of the reasons you should consider hiring a DUI defense attorney to represent you against your DUI or DAI charges, including, foremost, the possibility of winning.

Why Hire a DUI Defense Attorney?
There are several reasons to retain a DUI defense attorney if you are arrested for drunk driving, including if you are a minor arrested for DUI or a CDL holder arrested for DUI. Those reasons include the following:

Understanding the Consequences; the Possibility of Winning

The consequences of a DUI conviction can include going to jail, high fines, suspended driver’s license, high insurance rates, and a criminal record.

Because the consequences can be dire, and vary depending on your particular circumstances, an experienced DUI lawyer can help you understand the laws and potential consequences as they apply to you. Experienced representation can also ensure that all the factors surrounding your arrest are fully investigated, such as the possibility that the police lacked probable cause when detaining you at the initial stop.

Experience With DUI Charges

An experienced DUI attorney understands the importance of your BAC at the time of a DUI arrest, and can properly challenge these tests, which can have a significant impact on the outcome of your case.

Mr. Gibson has over 25 years’ experience aggressively defending clients charged with DUI. He knows how to properly analyze your case and determine when a plea or a trial is in your best interest.

In addition, our experience becomes more important if you are a repeat offender or if an accident occurred, because the consequences can be even more severe. We can assist you in your quest to limit your damages or penalties, including avoidance of substantial jail time.

Contact an Experienced DUI-DWI-OWI-DAI Defense Lawyer
The sooner you contact us, the sooner we can begin working on your behalf. In many cases, if we represent you in your administrative driver’s license suspension hearing, we can obtain valuable information that may assist us in your criminal defense. There are time limits, so please contact us ASAP.

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DUI-DWI Penalties

Posted on by John W. Gibson

Attorney John W. Gibson defends clients charged with drunk driving (DUI). Driving under the influence of alcohol or drugs (or driving after imbibing – DAI) carries various penalties depending on the circumstances of your case.

We offer you an experienced, aggressive defense against DUI charges. For additional information about why you should engage a DUI defense attorney, please visit our Why You Should Retain a DUI Attorney page. Also visit our Firm Overview page for information about our qualifications and the quality of our service.

Drunk Driving (DUI-DAI) Penalties
In addition to the following penalties, your driving privileges may be suspended, your insurance rates may skyrocket, and you may have a criminal record.

DUI penalties are tied to your blood-alcohol content. There are three categories:

Category I – for a blood-alcohol level between .08 and .10 – the penalties are as follows:

For a first offense, to:
(i) undergo a period of probation not to exceed six months;
(ii) pay a fine of $300;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 (relating to drug and alcohol assessments) and 3815 (relating to mandatory sentencing).
(2) For a second offense, to:
(i) undergo imprisonment for not less than five days nor more than six months;
(ii) pay a fine of not less than $300 nor more than $2,500;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
(3) For a third or subsequent offense, to:
(i) undergo imprisonment of not less than ten days nor more than two years;
(ii) pay a fine of not less than $500 nor more than $5,000; and
(iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
Category II – for a blood-alcohol level between .10 and .16 or a person in category one who was involved in an accident where someone was injured – the penalties are as follows:

1) For a first offense, to:
(i) undergo imprisonment of not less than 48 consecutive hours nor more than six months;
(ii) pay a fine of not less than $500 nor more than $5,000;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
(2) For a second offense, to:
(i) undergo imprisonment of not less than 30 days nor more than six months;
(ii) pay a fine of not less than $750 nor more than $5,000;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
(3) For a third offense, to:
(i) undergo imprisonment of not less than 90 days nor more than five years;
(ii) pay a fine of not less than $1,500 nor more than $10,000; and
(iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
(4) For a fourth or subsequent offense, to:
(i) undergo imprisonment of not less than one year nor more than five years;
(ii) pay a fine of not less than $1,500 nor more than $10,000; and
(iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
Category III – for a blood-alcohol level of .16 or higher – the penalties are as follows:

(1) For a first offense, to:
(i) undergo imprisonment of not less than 72 consecutive hours nor more than six months;
(ii) pay a fine of not less than $1,000 nor more than $5,000;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
(2) For a second offense, to:
(i) undergo imprisonment of not less than 90 days nor more than five years;
(ii) pay a fine of not less than $1,500;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
(3) For a third or subsequent offense, to:
(i) undergo imprisonment of not less than one year nor more than five years;
(ii) pay a fine of not less than $2,500; and
(iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
There are different rules for underage drinkers and drivers (minors) and CDL holders (commercial drivers license holders).

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Underage Drinking and Driving

Posted on by John W. Gibson

Underage drinking and driving is a serious charge. We have over 25 years of experience assisting clients. We also have a reputation for aggressively defending our clients’ rights and protecting their legal interests.

For additional information about our qualifications and high level of personalized attention, please visit our Firm Overview page. Also, we invite you to examine our Why You Should Retain a DUI Attorney page, for information on the benefits of retaining an experienced DUI lawyer, or contact us for a free phone consultation.

Why are people so adamant about teenage drinking and driving?
MADD (Mothers Against Drunk Drivers), a group made of many mothers who lost children because of an alcohol related accident, puts forth the following statistics:

Researchers found that teenage deaths in fatal car crashes dropped considerably – in some cases up to 28% – when the drinking age was changed from 18 to 21.
Like it or not, it is clear that more young people were killed on the highways when the drinking age was 18. Back in 1982, when many of the states had minimum drinking ages of 18, 55% of all fatal crashes involving youth drivers involved alcohol. Since then, the alcohol-related traffic fatality rate has been cut in half!
Research estimates that from 1975-2002 more than 21,000 lives have been saved.

Teenage Drinking and Driving Laws (drinking and driving penalties)
1) For a first offense, to:

(i) undergo imprisonment of not less than 48 consecutive hours nor more than six months;
(ii) pay a fine of not less than $500 nor more than $5,000;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
The penalties become much more severe for repeat offenses. In addition, a conviction can result in a one-year license suspension. If you are a parent, you may also experience a substantial increase in your insurance rates.

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