Is a DUI a Felony or Misdemeanor in Pennsylvania?

November 30, 2015/in DUI /by R. Anthony DeLuca

Many times, people do not realize the amount of alcohol they are consuming. Whether an individual drinks a small glass of wine, a bottle of beer or drinks a shot, each of these constitute as one drink; however, how many drinks can an individual have before becoming impaired?

Once an individual’s Blood Alcohol Content (BAC) reaches .08, he or she is considered legally intoxicated. The Pennsylvania DUI Association Website offers an easy to use Blood Alcohol Calculator. This calculator is designed to assist individuals in determining the number of alcoholic drinks it takes a person of a specific weight and gender to become impaired.

Three-Tiered System In Pennsylvania

In Pennsylvania, a DUI is not a felony. In 2003, The Commonwealth of Pennsylvania implemented a three-tiered system approach to its DUI statutes (Act 24). This method is designed to change the focus for individuals convicted of first-offense DUI from sanctions to treatment. The court takes the BAC level at the time of arrest, as well as any prior offenses into account when imposing penalties and licensing requirements.

Three Levels Of DUI

First Tier – BAC .08 – .099 percent is considered general impairment.
Second Tier – BAC .10 – .159 percent is considered a high impairment.
Third Tier – BAC .16 percent and higher is the highest impairment possible.

Additionally, the law provides more severe consequences for minors who are convicted of DUI. Higher penalties also apply to bus drivers, commercial drivers and individuals who drive official school vehicles, as well as offenders who have a collision causing property damage or injuries while under the influence of alcohol. In circumstances such as these, severe penalties are imposed even when an offender’s blood alcohol content is not within the higher category: furthermore, a driver who refuses a chemical or breathalyzer test may receive more severe penalties.

First Tier DUI

Possible penalties for individuals with no previous driving under the influence offenses:

A fine of $300, up to 6 months’ probation, an upgraded misdemeanor, substance abuse treatment and mandatory alcohol highway safety school.

An individual who already has one DUI conviction should expect:

A fine of $300 to $2,500, jail term 5 days to 6 months, suspension of driving privileges for 1 year, ignition interlock for 1 year, an upgraded misdemeanor, substance abuse treatment and mandatory alcohol highway safety school.

An individual who has more than one prior DUI offense can expect more severe penalties, these penalties may include:

A fine of $500 to $5,000, jail term 10 days to 2 years, suspension of driving privileges for 1 year, ignition interlock for 1 year, a second-degree misdemeanor and substance abuse treatment.

Second Tier DUI

Possible penalties for convicted offenders who have no prior DUI offenses:

A fine of $500 to $5,000, jail term 2 days to 6 months, suspension of driving privileges for 1 year, ignition interlock for 1 year, an upgraded misdemeanor, substance abuse treatment and mandatory alcohol highway safety school.

Possible penalties for convicted offenders who have one prior DUI offense:

A fine of $750 to $5,000, jail term 1 month to 6 months, suspension of driving privileges for 1 year, ignition interlock for 1 year, an upgraded misdemeanor and mandatory alcohol highway safety school.

Possible penalties for convicted offenders who have more than one prior DUI offense:

A fine of $1,500 to $10,000, jail term 3 months to 5 years, suspension of driving privileges for 18 months, ignition interlock for 1 year, a first-degree misdemeanor and substance abuse treatment.

Offenders with three or more DUI offenses face the following penalties:

A fine of $1,500 to $10,000, prison term 1 year to 5 years, suspension of driving privileges for 18 months, ignition interlock for 1 year, a first-degree misdemeanor and substance abuse treatment.

Third Tier DUI

Offenders without a prior DUI offense face the following penalties:

A fine of $1,000 to $5,000, prison term 3 days to 6 months, suspension of driving privileges for 1 year, ignition interlock for 1 year, substance abuse treatment, an upgraded misdemeanor and mandatory alcohol highway safety school.

An offender who has a prior DUI conviction under the third tier is penalized by:

A fine of $1,500 to $10,000, prison term 3 months to 5 years, suspension of driving privileges for 18 months, ignition interlock for 1 year, a first-degree misdemeanor, substance abuse treatment and mandatory alcohol highway safety school.

An offender who has more than one prior DUI conviction under the third tier is penalized by:

A fine of $2,500 to $10,000, prison term 1 year to 5 years, suspension of driving privileges for 18 months, ignition interlock for 1 year, a first-degree misdemeanor, substance abuse treatment and mandatory alcohol highway safety school.

At DeLuca, Ricciuti & Konieczka, all of our DUI defense attorneys are formerly held positions as assistant district attorneys; therefore, we understand both sides of every case. Our trial experience and knowledge of the tactics the government uses helps us defend our clients. If you need representation for a DUI charge, please contact our office today for a free consultation of your legal options.

Top 5 Most Impactful Anti-Drunk Driving Ads From Around the World

November 25, 2015/in DUI /by DRK Attorneys

According to the Federal Bureau of Investigation, in 2013 more than 1.2 million drivers were arrested for driving under the influence of drugs and alcohol. The National Highway Safety Administration states that in 2013 there were more than 1,200 deaths related to drinking and driving in the state of Pennsylvania.

According to a report from the World Health Organization, approximately 3.3 million people die from alcohol-related causes every year, which means that one in twenty deaths is related to alcohol consumption, worldwide. For alcohol related deaths, unintentional injuries rank number two, only preceded by cardiovascular disease.

Anti-Drunk Driving Campaigns

Anti-drunk driving campaigns are designed to encourage people to reconsider their decision to drink and drive. Although driving while intoxicated campaigns are straightforward, strategies that will effectively accomplish the objective is much more difficult to pinpoint. Many campaigns use fear tactics; however, researchers find that using this method offers mixed results.

United States’ Anti-Drunk Driving Commercials

Budweiser’s “Friends Are Waiting” Television Commercial

As the advertisement begins, a recap of the life of a man and his dog is displayed. Now, the dog is full-grown and the man is heading out with a group of friends. As the dog sits at the window, he watches his owner leave. Night falls and the sadness the dog feels is evident. As each car passes, the dog thinks it is his owner; however, it is not. Morning arrives and his owner is still not home. While the majority of anti-drunk driving video ads come to a devastating end, this ad actually has a happy ending because the man makes the right choice.

Because I Said I Would: I Killed A Man by http://becauseisaidiwould.com

A heartfelt confession from Matthew Cordle recorded on Aug. 27, 2013 and released on Sept. 3 of that same year. Cordle discusses how drinking has wreaked havoc on his life with the loss of relationships and how drinking turns him into someone people just do not like. After a night of partying with his friends, he decided to drive home. While driving under the influence, Cordle began driving on the wrong side of the highway: He hit and killed Vincent Canzani.

Tough Consequences: Buzzed Driving Prevention by Ad Council

Buzzed. Busted. Broke. Published on Dec. 20, 2013, this clever ad displays numerous neon signs that demonstrate what can be lost in the event of a drunk driving charge and/or accident. Even buzzed driving is dangerous and can lead to devastating physical and financial consequences.

Anti-Drunk Driving Ads Are Utilized All Over The World

New Zealand

The report – “Who Are We Scaring With High Fear Road Safety Advertising Campaigns?” addresses how effective fear-based anti-drunk driving advertisements are. According to researchers, fear-based ads related to anti-drunk driving campaigns are only effective with certain sections of New Zealand’s population. The researchers wrote: The campaign aims to change attitudes towards dangerous driving by focusing on the devastating consequences of this behavior; thus, using the emotion of fear to achieve the campaign’s objectives. This research may have led to the New Zealand Transport Agency’s (NZTA) decision to use comedy, as opposed to fear and shock, in their Legend Campaign.

NZTA’s Anti-Drunk Driving Campaign – Legend

This ad was published on Oct. 26, 2011. This commercial begins with a young man contemplating whether he should tell his friend that he is too drunk drive; however, the young man is concerned about the way he will look in front of a girl he likes at the party. He considers several outcomes in the event something happens to his friend. In the end, he decides to talk to his friend, offering him a bed for the night. His friend accepts.

Australia

Transport Accident Commission (TAC) Campaign – 20 Years Of Anti-Drunk Driving Ads

The very first TAC anti-drunk driving commercial aired on Dec. 10, 1989, and this amazing compilation of anti-drunk driving ads the commission has used for the past two decades was released on Dec. 8, 2009. From birthday parties to the open road to sitting in a jail cell, this anti-drunk driving ad has it all.

The criminal defense firm of DeLuca, Ricciuti & Konieczka consists of former prosecutors; therefore, we have experience that relates to both sides of cases. We use our firsthand knowledge to provide our clients with the best criminal defense possible. Contact our office today and schedule your initial consultation.

Driving under the influence is a serious crime in Pittsburgh. The criminal defense firm of DeLuca, Ricciuti & Konieczka consists of former prosecutors; therefore, we have experience that relates to both sides of cases. We use our firsthand knowledge to provide our clients with the best criminal defense possible. Contact our office today and schedule your initial consultation.

Anthony DeLuca Represents Pitt Football Player Tyler Boyd

October 1, 2015/in DUI /by DRK Attorneys

With college football season in full swing, Tyler Boyd is back on the gridiron for the University of Pittsburgh after facing charges related to driving under the influence in June. Boyd also was suspended from the team for a month.

On the night of his arrest, Boyd, a star wide receiver for the Panthers, stated that he’d had only two shots of alcohol. However, at the time of the arrest he was 20 years old, which is under the age of legal drinking in Pennsylvania. Individuals younger than 21 who are caught drinking and driving can be charged at a lower blood-alcohol level than the usual 0.08 percent for adult drivers.

In a July hearing, a judge ordered Boyd to spend a year on probation and to participate in safe driving classes. In addition, his driver’s license was suspended for 90 days, and he will be required to pay court costs. Successfully completing the requirements will mean that Boyd, as a first-time offender, will not be sentenced to jail time. He can then ask the court to erase the record of his arrest in Jefferson Hills.

Attorney Anthony DeLuca has represented Boyd throughout his case. DeLuca noted that Boyd was “very aggressive” in completing the requirements of the court.

Passing attempt led to charges

Boyd was arrested at approximately 2:30 a.m. on June 12 after an officer observed him attempting to maneuver around a car in an intersection, which is against Pennsylvania law. Following the arrest, Boyd submitted to breath and blood tests, and he was released to a relative later that morning. Charges against Boyd were filed the following Tuesday, because local courts were closed for the Flag Day holiday on Monday, June 15.

Underage Drinking and Driving in Pennsylvania

Adult drivers are legally under the influence with blood-alcohol content in excess of 0.08 percent. For individuals younger than 21, that threshold drops to just 0.02 percent, which most people attain with only one drink.

A first-time DUI offender can receive two days in jail and a fine as great as $5,000. However, first offenders such as Boyd typically are eligible for a program that allows them to serve probation without entering a guilty plea. Defendants can request that their arrest records be expunged if they complete their probationary period, typically a year, without further incident.

Pitt coach “disappointed” with arrest

Panthers coach Pat Narduzzi issued a statement after the June arrest noting his disappointment at the charges against Boyd. He said he and his staff have high expectations for their players and that Boyd would be held accountable for violating team rules for appropriate behavior.

Boyd is originally from Clairton, Pennsylvania, just south of Pittsburgh. In his sophomore year at Pitt, he caught 78 passes and was selected as first-team All-ACC.

In 2013, his freshman year, Boyd was recognized as the most productive of the nation’s freshmen receivers, making 85 catches for 1,174 yards, along with seven touchdowns. He set freshman records at Pitt for receptions and yards.