DUI Attorney Philadelphia
Driving Under the Influence (DUI) is a serious offense. In Pennsylvania, a DUI is a crime under the vehicle code. Even on a first offense, you can face jail time, suspension or loss of license, and severe financial consequences.
There are other consequences as well. Since DUI is a criminal offense, any person charged with DUI will be fingerprinted and booked, and their information will go into what is known as the National Crime Information Center (NCIC). This is significant, because once your information is in NCIC, the fact you were arrested for DUI will show up on a standard employment background check. In Pennsylvania, arrests are also public information. Therefore, anybody with an internet connection can find out if you were arrested or convicted of DUI.
What Is a DUI?
You can be charged for a DUI if, due to intoxication, you are incapable of driving safely, as defined in case law, or if you have a Blood Alcohol Content (BAC) of .08 or above. Additionally, to be charged, you have to be “in actual physical control” of a vehicle, and the vehicle must be on a “public roadway.”
Actual physical control means in a position to control the vehicle. So, if you are in the driver’s seat pulled off to the side of the road, but the keys are in your hand, you are in actual physical control of the vehicle, and can be charged with DUI if you are incapable of driving safely or have a BAC of 0.08 or above.
This may not seem fair, since many people will try to “sleep it off” in their car but, unfortunately, courts have consistently said that when you can easily have control of the car, you are in “actual physical control.”
Philadelphia DUI Attorney
Public roadway means any road that is open to the public and/or used regularly by members of the public. Most roads in Pennsylvania are open to the public. However, there are some exceptions. One prominent example is a car that is down a long private driveway or a car that is “off-roading” in a field.
Finally, you have to be in “a vehicle.” If you’re in a car, this is obviously a vehicle. However, some people are surprised to learn that something other than a car can be a vehicle. A Pennsylvania prosecutor once famously said that it, “doesn’t matter whether you’re in a car, bike, or a horse, it’s still a DUI,” if you are in actual physical control. ATV’s, Bicycles, unicycles, and horses have all been deemed “vehicles” by Pennsylvania when it comes to DUI.
Attorney in Philadelphia for DUI
If you are charged with a DUI, you need representation. As you can tell from the above, DUI cases can be very complicated. You need someone who knows the law and can tell if there is a way to reduce the charges or win outright.
The attorneys at The Law Offices of Greg Prosmushkin, P.C. have decades of experience handling DUI cases in the Philadelphia area and surrounding areas. We have handled thousands of cases, and have the knowledge necessary to get your case reduced in penalties, or win it outright. Call us for a free consultation today.
This content was written on behalf of Greg Prosmushkin.