Like many other cities and states, Philadelphia restricts an employer's ability to consider a DUI offense in a hiring decision.
]]> Philadelphia's Laws on Background ChecksPhiladelphia's law on Fair Criminal Record Screening Standards try to ensure that job applicants are judged on their resume and interview rather than their criminal history.
The ordinance applies to Philadelphia public and private employers with at least 10 employees who work in the city. Under the law, employers can't ask about an arrest that didn't lead to a conviction. Also, employers can't ask about any criminal convictions during the application process or during an initial interview.
After the initial interview, employers are allowed to ask about an applicant's criminal history -- but only convictions. Asking about a DUI arrest still isn't OK.
Still, employers are known to use Facebook to research applicants. In such a case, they can come across information about a DUI arrest that otherwise might not show up. If you have any information on a DUI arrest posted on your profile, do yourself a favor and don't "like" it, delete it.
What Should You Do?
If you're not covered by the Philadelphia ordinance, expungement might be an option. Pennsylvania allows DUI records to be expunged, though it's pretty fact-specific. To find out if it's an option, you may want to speak to an experienced Philadelphia DUI attorney.
If you can't get your record expunged, just tell the truth. That being said, keep your Facebook profile and Twitter feed clean of DUI-related rants. That would be TMI.
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In fact, even for the most straight-forward drunk driving cases, the toll on your wallet can be significant. There are a variety of costs directly and indirectly related to a DUI.
Here is a look at seven of these costs of a drunk driving conviction:
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However, with so many lawyers to choose from, how do you know how to choose the best one?
Most attorneys have impressive credentials and it can be hard to distinguish one lawyer from the next. However, by following these five tips, you may be able to narrow down your search:
]]>Along with taking these steps, you should know that if you have a personal legal plan like LegalStreet, you get unlimited phone consultations with lawyers in your area. And if you want to hire an attorney to represent you in court, LegalStreet members get a discounted rate. It's just one more way to get professional legal help with your DUI case.
Disclosure: LegalStreet and FindLaw.com are owned by the same company.
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That's because individuals who violate drunken driving laws also frequently violate other closely related laws.
And in these cases, you could face penalties even if you're cleared of the DUI charge that got you into trouble in the first place.
Here's a look at five common charges associated with a DUI:
]]>As you can see, a criminal DUI charge may just be the start of your problems if you are arrested for drunken driving. If you have any questions about an arrest, you should contact a Philadelphia DUI defense attorney.
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At the time of arrest, a DUI suspect is often asked to submit to a Breathalyzer or some other test to determine the suspect's blood alcohol level. This can include taking a blood sample and analyzing it.
The results of these tests are typically key to proving that you were driving drunk. However, just because some device or lab tech says that your blood alcohol level was above 0.08%, you may still be able to fight the charge in court.
]]> Blood alcohol monitoring devices like Breathalyzers are notorious for their inaccuracy. And even if these devices are working properly, authorities may make other mistakes that can cast doubt on the accuracy of the test results.Here are three common ways that DUI defendants can potentially challenge DUI breath or blood test results:
If you have charged with a DUI, you may want to contact an experienced attorney to work on your defense.
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Individuals stopped for DUI may refuse a blood alcohol test under the belief that they can avoid prosecution without evidence specifying their blood alcohol level. Some individuals may even pass a blood alcohol test.
However, it is common for prosecutors to go after these individuals by using other evidence. Here's a look at some common evidence that prosecutors may use against a drunken driver besides blood alcohol content:
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Instead, and rightly so, they focus on jail time and possible loss of freedom. Next, the accused may then worry about any monetary fines or terms of probation.
However, the DUI penalty that may have the greatest impact on your day-to-day life may be the driver's license suspension. If you lose your license, how will you get to work? Buy groceries? Take your kids to school?
]]> As with other penalties for drunk driving in Pennsylvania, the penalties for a driver's license suspension typically depends upon two factors: your blood alcohol content at the time of arrest, AND your prior history of DUIs.Blood Alcohol Content Below 0.10%
Blood Alcohol Content Between 0.10% and 0.16%
Blood Alcohol Content Greater Than 0.16%
Out-of-State DUI Convictions
Contact a DUI Attorney
If you have been arrested for a DUI, you should talk to a DUI defense attorney. The penalties for a DUI can be very severe and can include much more than jail time and monetary fines.
A driver's license suspension has the potential to impact your day-to-day life as well as your working life if your job depends upon driving. An experienced attorney can help you keep your license even if that means installing an ignition interlock device into your car.
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You hear a lot about minimum jail sentences and monetary fines associated with drunken driving convictions. However, these penalties usually only affect you for a short while.
In contrast, a DUI on your record could potentially impact you for the rest of your life.
]]> Pennsylvania Laws Governing Background ChecksGenerally, private employers may consider criminal and DUI convictions when making hiring and employment decisions as long as they don't target a particular protected class. In addition, private employers in Pennsylvania (unlike public employers) do not have to show a job-related reason to base an employment decision on a DUI conviction.
In other words, a public employer may have to show that a job involves driving to deny an applicant based on a DUI conviction. However, a private employer typically does not have to show this nexus.
Mandatory Searches for DUIs
In the previous section, we discussed the employer's right to conduct discretionary DUI background checks. However, in some cases, the employer may be required to conduct DUI checks. This may be true for workers in certain jobs like those that rely on driving, dealing with children, or helping the disabled.
Just because an employer must search for a DUI conviction, this does not always mean that they will disqualify you from a position. Still, it will likely make it harder to get the job.
Can I Clear My Record?
In certain circumstances, you may be able to expunge your DUI conviction from your records. This means that prospective employers conducting a background check will not see the conviction.
Expunging a DUI is very fact specific and is not available in every case. You will want to work with a Philadelphia DUI attorney to learn your options for expunging a DUI conviction.
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However, you should take some comfort in knowing that there are some common defenses to drunken driving that actually work.
Keep in mind that when you are defending yourself against a DUI charge, there is a lot at stake including your possible freedom and monetary fines. So even if you think one of these defenses may apply, it's best to work with an experienced DUI attorney when arguing your defense.
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In fact, DUI cases rarely make it all the way to trial. Instead, the vast majority of DUI defendants reach a plea deal to resolve their criminal cases and many of these defendants avoid jail completely.
]]> What Is a DUI Plea Deal?A plea deal is an agreement that you or your attorney reaches with prosecutors.
Typically, prosecutors may offer a deal of lesser charges or reduced penalties if you save them the time and hassle of trying the case by agreeing to plead guilty.
For example, if you face a one-year jail sentence, prosecutors may offer you a deal where you will be sentenced to probation should you plead guilty -- allowing you to potentially avoid jail time altogether.
Should You Enter a Plea Deal?
There may be several advantages if you enter a plea deal, such as:
However, there may be disadvantages of entering a plea deal as well. For example, if you are innocent of the crime, you may want to fight your DUI charge. In addition, you should know that a guilty plea is the same as a criminal conviction. So on your criminal record, it will show that you drove drunk.
Contact an Attorney
A DUI plea bargain has some obvious benefits, but there are also potential drawbacks. If you are considering a plea deal, you should work with an experienced DUI attorney. Your attorney can help you review the deal and decide if it is the best option for you.
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If you have been busted for a DUI and are now facing the prospect of criminal charges, it's a good idea to work with an experienced Philadelphia DUI attorney. The criminal process can be confusing and complicated, and an attorney can help guide you through the process while advocating for your rights.
Here is a general overview of what you can expect if you are formally charged with drunken driving:
]]>To learn more about DUIs, check out FindLaw's free Guide to DUI Charges and take a look at the related resources below.
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There are a lot of factors that go into the exact drunken driving penalty you face.
Some factors considered include how many prior DUI convictions are on your record, your blood alcohol content at the time of arrest, whether anyone was injured or any property was damaged, and even the type of vehicle you were driving.
Here's an overview of the DUI penalties in Pennsylvania:
]]> First DUI in 10 YearsIf this is your first DUI and there are no enhancing factors, then you face an ungraded misdemeanor charge and a mandatory six-month probation period. You also face a $300 fine, but can avoid a license suspension.
However, if you have any of the following moderate enhancing circumstances, you could face greater penalties:
With these moderate enhancing circumstances, you face an ungraded misdemeanor charge, a mandatory 48 hours in jail, a minimum $500 fine, and a 12-month license suspension.
With the following severe enhancing factors, you face the most serious penalties:
The most severe penalties can include an ungraded misdemeanor charge, a 72-hour jail sentence, a minimum $1,000 fine, and a 12-month license suspension.
Second DUI in 10 Years
If there are no enhancing factors, you face an ungraded misdemeanor charge, a minimum five-day jail sentence, minimum $300 fine, and a 12-month license suspension. You will also need to install an ignition interlock in your vehicle for one year.
With any of the moderate enhancing factors mentioned above, you face an ungraded misdemeanor charge, a minimum 30-day jail sentence, minimum $750 fine, a 12-month license suspension, and a one-year ignition interlock requirement.
With severe enhancing factors, you face a Misdemeanor 1 charge, a minimum 90-day jail sentence, a $1,500 fine, an 18-month license suspension, and a one-year ignition interlock requirement.
Third DUI in 10 Years
If there are no enhancing factors, you face a Misdemeanor 2 charge, a minimum 10-day jail sentence, minimum $500 fine, a 12-month license suspension, and a one-year ignition interlock requirement.
With moderate enhancing factors, you face a Misdemeanor 1 charge, a minimum 90-day jail sentence, minimum $1,500 fine, an 18-month license suspension, and a one-year ignition interlock requirement.
With severe enhancing factors, you face a Misdemeanor 1 charge, a minimum one-year jail sentence, minimum $2,500 fine, an 18-month license suspension, and a one-year ignition interlock requirement.
Fourth DUI in 10 Years
If there are no enhancing factors, you face a Misdemeanor 2 charge, a minimum 10-day jail sentence, minimum $500 fine, a 12-month license suspension, and a one-year ignition interlock requirement.
With moderate enhancing factors, you face a Misdemeanor 1 charge, a minimum one-year jail sentence, minimum $1,500 fine, an 18-month license suspension, and a one-year ignition interlock requirement.
With severe enhancing factors, you face a Misdemeanor 1 charge, a minimum one-year jail sentence, minimum $2,500 fine, an 18-month license suspension, and a one-year ignition interlock requirement.
Five or More DUIs in 10 Years
At this point, you'll have to ask your lawyer to learn the penalties you might face.
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An ignition interlock is a device that is installed into a car. It allows someone who has been convicted of a DUI offense to continue driving, but only if the device indicates they're sober.
Here are several things you will want to know about Pennsylvania's ignition interlock law:
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The case could have impact on drunken driving cases across the country. But many local Pennsylvania DUI lawyers are saying that the results of the decision could have little, if any, impact on the state of affairs in Pennsylvania.
The question before the U.S. Supreme Court involves police officers taking blood samples without a warrant, when they suspect that someone has been drinking and driving.
]]> The case stems from a Missouri arrest in 2010. The man's blood was drawn without his consent. That, lawyers argued, was an unreasonable search. Missouri courts refused to allow the blood test as evidence.Regardless of how this case turns out, the effect of the Supreme Court's decision in this case won't be too severe in Pennsylvania. That's because of something called "implied consent."
Under Pennsylvania's DUI laws, police can ask a suspected drunken driver to submit to a blood test. If the driver refuses to submit to the blood test, then the driver's license will be suspended for 12 months.
What's worse is that the refusal to submit to the test can also be used as evidence in court. It can also be used to enhance the sentence, if the driver is subsequently found guilty of DUI.
The American Civil Liberties Union feels that warrantless blood draws are unconstitutional. And as a result, if the Supreme Court rules to the same extent, the ACLU indicates that Pennsylvania law could stand to be affected.
At that point, it's highly possible that the implied consent laws could come under fire, Allentown's WFMZ-TV reports.
That being said, most DUI lawyers are watching this case closely as it stands to affect DUI laws throughout the nation.
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They've been conduced for years but now, a Dauphin County judge's opinion on these tests is taking center stage in the debate on DUI breath testing, as numerous DUI convictions are now under scrutiny, reports The Patriot News.
Last month, Judge Lawrence F. Clark Jr. threw out nearly two dozen drunken driving cases, citing bad science. He claimed in his Dec. 31 opinion that the methods used to calibrate the Intoxilyzer 5000EN machine raised some concerns about the accuracy of the machine's results, reports The Morning Call.
]]> Accuracy of evidence is key in a good DUI case. If there exists any reasonable doubt about the defendant's guilt, then the issue must be addressed.As a result, Judge Clark claims that those specific breath testing machines are inadmissible as evidence in court.
With Pennsylvania DUI penalties based largely on the level of intoxication, the exact BAC level plays a critical role in the fair trial of a DUI defendant. As a result, many Pennsylvania DUI attorneys are critical of breath-testing machines; some lawyers are even calling for an outright ban.
The case that started the debate in Dauphin County was the case of Jason R. Schildt. He was arrested in 2010 after a state trooper found him stumbling next to a creek near his car, which was overturned.
Schildt's crafty attorney challenged the accuracy of alcohol breath-testing machines. A smart move indeed, as the breath analysis was deemed inadmissible to prove the level of his alleged drunkenness.
That attorney has now filed a motion asking Judge Clark to push for a statewide suspension on alcohol breath testing. Says the attorney, "I don't want convictions that are not based on science, and in fact, are based on science fiction."
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