One of the problems with DUI laws is that they are very heavy handed and have life-long effects. Even for someone who has a become a model citizen after their conviction, a DUI conviction can still rear its ugly head when he or she least expects it. Take a recent instance where an active duty officer in the Coast Guard was scheduled to get a personal phone call from President Obama on Christmas. She sat by the phone and was effectively shunned with no notice because of a DUI she got five years ago.
Like a diamond, a DUI is forever.
Coast Guard member waits for White House call that never comes
Only 10 military service members get personal Christmas Day phone calls from President Barack Obama. Last month, Coast Guard Petty Officer Golda Payne learned she would be one of them.
Payne, a 25-year-old Tampa native stationed in Kuwait, couldn’t wait. She researched the Obama family. She planned to keep things “light,” maybe ask about the family dog and tell him about her bulldog puppy. She gave an interview to the Coast Guard newspaper.
But Christmas came, and Obama never called. Two days later, Payne said her officers told her this was why: The White House had run a criminal background check on her, saw a 2006 drunken driving conviction and didn’t want to risk negative publicity.
After the conviction, the only blotch on her criminal record, Payne joined the Coast Guard to serve her country. She became a model citizen. She was nominated for this honor on the basis of her hard work and on-duty performance. All of that meant nothing. This is the ugly reality of a DUI. A single conviction can change your life and close doors forever.
Payne had tried fruitlessly to get work as a firefighter but was turned down because of the DUI. She worries about how a mistake she made as a 20 year-old will haunt the rest of her life. It’s already made her “unworthy” of receiving a call from the President.
This is one of the many ways a DUI can effect the rest of your life. If you want to learn more about the consequences of a DUI conviction, please call 1-866-MCSHANE.
People just don’t take DUI seriously. For whatever reason, people still try to represent themselves or hire general practitioners who can give them bad advice. Many people just don’t realize how a DUI conviction can possibly change their lives. As a Pennsylvania DUI attorney who has fought in courtrooms all over the state and even in other states, I can tell you from my experience that the penalties for a DUI in PA are very severe and the long-term effects are not to be taken lightly.
A Pennsylvania DUI can shatter your dreams and your future
To bring home the reality of the severity of DUI penalties, I would like to tell you the story of a man named Travis who was charged with a DUI in 2008.
Travis was a highly successful sales executive for a high-end machinery manufacturer. His job required him to travel for sales presentations and meetings all over Pennsylvania. He earned over $180,000/year from his salary, commissions and bonuses. This all changed in April 2008 when Travis was convicted of a Pennsylvania DUI. He was sentenced to 3 months in prison and an eighteen month license suspension with one year of interlock after that before he could get back his unrestricted license.
Because of his lengthy jail sentence, Travis was forced to miss many meetings and lose many lucrative sales. On top of this his license suspension also effected his ability to meet clients. He had to either hire other people to drive him to the clients, depend on the kindness of others, or risk being caught driving on a suspended license while DUI suspended.
Once word got around that he had served jail time, his long time clients were reluctant to deal with him and his sales numbers further plummeted. When the recession hit in the fall of 2008, Travis was laid off after twelve years with the company, owning to his declining sales numbers and performance.
It’s tough out there. It’s hard even to get an interview. This was further exasperated by his dependence on others to give him rides to interviews. Once his license suspension was finished, Travis was still unable to drive because he could not afford the extremely expensive insurance premiums. Nevertheless, he would go to an interview. He would show is incredible sales figures. He had letters of reference from his old employer, from his past clients and many others. His references were impeccable. He dazzled them in the interview. He was sure each time he left the interview room he would get the job. Each time, the interviewers would shake his hand vigorously with a big smile and say “You seem like the perfect candidate. Now all we have to do is to do a routine background check.” But you know what happened next?
Nothing.
No job. No call. Nothing. After it kept happening, he wondered why. He thought to himself “What could it be?” After thinking about it for a while, he decided to go to the Pennsylvania State Police website and pay the $5 for his criminal history. Sure enough, there it was–his DUI from 2008. It must have served like a skull and crossbones warning everyone of his prospective employers to stay away.
Weeks turned into months, into half a year. Some interviews, same glowing feeling at the end, and in fact one even called him “the ideal candidate,” but still no job. Without his job, Travis was unable to keep up with his car payments and was forced to sell of his car. Soon there after, he couldn’t keep up with his mortgage payments. His house was circling on the edge of foreclosure. His oldest son was a sophomore in college. His son was able to get some student loans from the Federal government, but not enough to pay all of the tuition let alone the books, supplies, the boarding and living expenses. Certainly FAFSA would care that a good man lost his job and not hold it against his son, right? Nope, neither the college or the federal government cared. Travis sold anything of value and maxed out his credit cards to get the extra semester for his son who wanted to be an engineer. Now, the payments were coming due and he could not pay them. All the while, there was so much pressure, so much strain on Travis. He felt worthless and helpless. He became depressed. Very depressed. It caused a strain in his relationship where he wasn’t capable of being the type of man that he wanted to be, that he needed to be, to his wife. Both of them could not take the way they were being towards one another. She asked him to leave.
The vicious cycle continued until he was forced to declare bankruptcy in late 2009 and then a divorce in 2010. He fell in to depression and substance abuse. Once a symbol of the American Dream, Travis is now a casualty of the war on DUI.
A DUI can effect you in more ways than you think.
Recently a Pennsylvania man was denied entry into Canada because of his past DUI conviction:
It was supposed to be a father-and-son road trip to Alaska.
But it ended at the Canadian border – with the father crying and his 18-year-old son driving alone to Fairbanks, where he was stationed with the U.S. Air Force.
Canadian border officers turned away Michael Edwards because of his DUI convictions in the U.S. His last one was in 1996 – 14 years before he tried to enter Canada with his son.
The Canadians told the Lower Southampton man he’d have to go back home and apply for a special waiver to get into their country. It could take as long as a year to process. And it guaranteed nothing.
Edwards’ son had to report to duty in three days.
“It was the ultimate humiliation,” Edwards said of the experience in 2010.
If only they had read our blog post “How a DUI Conviction Can Really Ruin Your Travel Plans“:
Travel Any DUI conviction is considered a crime in Canada, and the motorist may be refused entry into Canada.
For example, a Boy-Scout leader on a trip to Canada on a bus filled with Boy Scout youths was refused entry, because of a non-criminal DWAI ticket offense, a mere noncriminal traffic infraction offense. Other countries may deny visas or travel altogether, forever.
In fact, when President Bush took office, there was a serious question whether he would be permitted to travel to Canada without special diplomatic permission, due to his 1976 DUI conviction from Maine.
This is another example of how a DUI conviction can haunt you for the rest of your life. Even years after the fact you can be utterly humiliated by it. This is why it is so important to fight your PA DUI charges.
If you are looking for a PA DUI attorney who is willing to fight to clear your name, call 1-866-MCSHANE.
The DUI Attorneys at The McShane Firm can help protect you against unfair and unreasonable penalties.
I recently blogged about how some lawmakers are pushing for new DUI laws that include public humiliation. As a PA DUI attorney who deals with DUI cases day-in and day-out, I feel that penalties like these will only make it harder for those who have made mistakes to integrate back into society. Take the example of new laws being proposed in Maine:
Maine Rep. proposes online registry of drunken drivers
AUGUSTA, Maine — More than 8,000 Mainers were arrested for drunken driving in 2009, the most recent statistics available, and Rep. Rich Cebra, R-Naples, says Mainers should know who those drivers are.
“I want a website at [the Maine Department of] Public Safety that will have their names and addresses and their picture,” he said. “People need to know about drunk drivers that might be living next door and taking their kids to soccer practice.”
A DUI registry doesn’t make sense to me. Does knowing that the guy down the street had a DUI ten or even three years ago make me any safer or does it just make it impossible for that person to rehabilitate themselves or move on? There are many people who make mistakes and learn their lessons. This type of law will continue to punish them even after they have paid their debt to society. Some lawmakers agree with this:
Sen. Bill Diamond, D-Windham, who served as secretary of state for a decade, said that while he supports the sex offender registry because of the nature of the crimes involved, he does not think a publicly available website listing those convicted of OUI would help with the problem of drunken driving.
One thing is for certain. As DUI punishment increase and common sense solutions disappear (such as treatment based therapy), more and more efforts will be made like these to ostracize folks. After all, DUI is the most politically charged crime in the United States today. Pennsylvania residents can be certain that unfair DUI laws like these will be proposed in our legislature as well. This is why the PADDDA is so important because it is a platform that opposes unfair DUI laws and will work to educate our politicians and protect the public.
Lawmakers across the country are pushing for harsher DUI laws and some of these bills introduce some disturbing new punishments.
Some of the new DUI penalties being proposed include public humiliation.
Normally, public humiliation is not part of the punishments for criminal offenses in America today. However, some of the proposed DUI laws will re-introduce public humiliation similar to what the main character in Nathaniel Hawthorne’s novel was forced to endure. Recently, the Erin Swezey Act passed the Oklahoma State Senate which would require the words “DUI Conviction” to be printed on the driver’s license of the person convicted.
What purpose will this serve apart from public humiliation? There are many places where someone may be asked to present their driver’s license like at a retail checkout counter or if purchasing a new cell phone plan. Now total strangers will know about this person’s DUI conviction and pass judgment on them accordingly. I find it odd that a murderer would not have “Homicide Conviction” printed on their license while someone convicted of a DUI first offense would. Is a DUI worse than premeditated cold-blooded murder?
The problem here is that DUI penalties in PA and all across the country are being made based on emotions and pressure from special interest groups and not based on data and science. This is why we recommend that you find the best DUI attorney in your area to help protect you against harsh and humiliating penalties. If you want to hire the most experienced and dedicated DUI attorneys in PA, please call 1-866-MCSHANE.
One thing that people don’t realize is the sheer extent of the penalties for a PA DUI conviction. Not only are the penalties extremely harsh, those convicted suffer from the penalties of a DUI for the rest of their lives. It is not something that will be over and done with quickly.
License suspension for a PA DUI starts after release from prison.
For example, if a person is convicted of a High or Highest Rate DUI they can face up to six months in prison even for a first offense.
It is only after this person is released from prison that their license suspension starts. This an extremely long time to face limited freedom and curtailed rights.
On top of these direct legal penalties, someone convicted of a PA DUI will face a lifetime of hardship in the aftermath of this ordeal. For the rest of their lives they must deal with:
- Extremely high car insurance rates
- Being looked over for job opportunities because the DUI will show up on background checks
- The embarrassment and stigma attached to one of the most politically charged offenses in the country
There is hope. If you are charged with a DUI in PA it is in your best interests to find the best DUI attorney in PA. A highly trained DUI professional can help challenge these charges and protect your rights. Please call 1-866-MCSHANE to schedule a free detailed consultation and help protect your future.
A lot of politics surround the issue of DUI in PA. There are many powerful lobbies like MADD and the Pennsylvania DUI Association that are pushing for harsher penalties for DUI and have even proposed some legislation that, in essence, assumes that a suspect is guilty before they have had a chance in court. I have blogged before about the presumption of guilt in DUI cases in DUI Hypocrisy: Guilty Before Being Proven Innocent.
Lawmakers in Pennsylvania are examining various proposals to make DUI penalties even harsher
One of the hottest issues is the PA DUI Laws for repeat offenders. Currently, if a person is arrested for a second DUI offense while the legal proceedings for the first trial are still ongoing, the suspect is charged with another first DUI offense. This is in keeping with our Founding Father’s notion of the presumption of innocence. MADD and other lobbies are pushing Pennsylvania legislators to enact new laws allowing police to charge such a suspect with a second DUI offense even before the first case is concluded. You can read about this in the article: Tougher penalties pushed for repeat Pennsylvania drunk drivers
Other proposals include making repeat DUI offenses a felony which would significantly increase the penalties for a DUI as well as truly ,make a lifelong impact.
Theses types of proposals are based on emotions and sentiment rather than facts and science. If looked at critically, it is apparent that increased penalties are not an effective deterrent for criminal offenses, especially when dealing with crimes related to drug and alcohol abuse. Currently, under Pennsylvania DUI laws, a third DUI offense at the highest rate carries up to five years in prison and an 18 month license suspension if there is a conviction. These are very severe consequences and if someone is still committing DUI violations after that, then this is indication of an addiction or other problem that cannot be deterred by harsher penalties. Better treatment and rehabilitation options would be much more successful in stopping repeat offenders rather than harsher penalties.
We previously took a look at numbers 10 through 6 in the list of our top ten DUI articles of 2010. Today we take a look at the very best posts of the last year.
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: The Pennsylvania DUI Lawyer Challenge: Pennsylvania DUI Penalties |
Average every day citizens who I meet all over PA frequently ask me “How can we compare between all the DUI lawyers out there?” To answer that question we started the series: The PA DUI Attorney Challenge. In this series we have proposed a number of criteria the average citizen with no legal background can use to weigh their options.
In this post, we start this series by answering the question: Do I really need the best very best lawyer to defend my Pennsylvania DUI case?” Once you examine the severe legal penalties of a Pennsylvania DUI, the fact that DUI cases are very technical and that DUI requires an expert attorney, you will also arrive at the conclusion that you really need the very best DUI lawyer in PA.
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: DUI Witch Hunting |
If it weren't for DUI Lawyers, it would turn into a DUI witch hunt
I am a criminal defense attorney, not a criminal. However, frequently people look at me with disdain when they find out what I do. They treat me as if am helping people commit crimes. I have never in my life told anyone, “Go ahead and drive drunk. I’ve got you covered.”
Unfortunately, people have disdain for DUI attorneys but really haven’t given thought to what we actually do. The central question in this discussion is “Should a person accused of a DUI be allowed a truthful and honest defense in a court of law?” Considering the high number of false arrests for DUI in PA it would turn into a DUI witch hunt if it wasn’t for us defense attorneys.
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: Dear Pennsylvania DUI Lawyer: CDL Driver DUI |
Pennsylvania CDL truck drivers face the harshest penalties if convicted for a DUI. Not only do they face higher fines and more jail time than an average citizen, they are also in danger of losing their CDL license and hence their livelihood. This post is full of important information for CDL drivers and truly is a must read even if you have not been charged with a PA DUI.
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: What to Do if pulled over for DUI in PA |
One of the best ways of avoiding a false DUI arrest is to know your rights. Being pulled over is a high pressure and scary situation and that is why this post is important so you can make informed decisions if you ever find yourself in an unfortunate situation. By following these simple strategies, you will be exercising your rights while minimizing the potential for being wrongly charged with a PA DUI.
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: The McShane Firm: A Commitment to Excellence in Pennsylvania DUI Defense |
Our top post from 2010 really embodies what this blog and our firm is all about. If you are charged with a Pennsylvania DUI, The McShane Firm promises to do everything it can to offer you the best defense possible. That is why we spend so much time and effort in advanced legal training honing our skills and expanding our knowledge.
- Nobody invests in training like we do
- Nobody understands the science involved in DUI evidence like we do
- Nobody is willing to put in the long hours of work into your case like we do
- Nobody can fight toe-to-toe in a DUI trial like we do
In fact Nobody can defend your DUI case like we do.
We hope you have enjoyed this look back at the past year and would love to hear from you about what topics you would like to know about in the coming year.
Pennsylvania DUI: Will I lose my insurance?
A PA DUI Conviction Will Increase Your Auto Insurance Premium
Dear PA DUI Attorney,
I am already paying a high insurance premium because of a couple speeding violations and an accident. I was recently charged with a DUI in York County. Will I lose my insurance?
This is one of the reasons you should seek out a qualified PA DUI attorney to fight your case. A first offense DUI conviction can typically triple your monthly payments or prompt your carrier to drop your coverage. We have even see cases where a person convicted of a Pennsylvania DUI was unable to find an insurance carrier for an extended period of time and was unable to drive as a result. This turned out to be a de facto license suspension beyond the one the court ordered.
A qualified DUI lawyer can make all the difference. If we can succeed in reducing or amending the charges or getting them dismissed, you can be saved from this hardship.
The long-term costs of increased insurance premiums can trump the cost of even the very best DUI lawyer in PA. Please read I can’t afford a DUI Lawyer for more costs related to a DUI conviction in PA.
We Challenge You to Find the Best DUI Lawyer in Pennsylvania
There are close to 50,000 lawyers in Pennsylvania. Of those, there are thousands of lawyers who are willing to represent your Pennsylvania DUI case. So how does a person with no legal background sift through all of these lawyers to find the best DUI Lawyer in Pennsylvania?
How to Find the Best DUI Lawyer in Pennsylvania
At the McShane Firm, we want to help you-the citizen accused-make your decision based on facts and knowledge so you can hire the best attorney to help protect your rights. This is why we have put together this series “The Pennsylvania DUI Lawyer Challenge” to help guide those citizens who are looking to hire the very best attorney to handle their DUI case.
We begin this series by highlighting the importance of having the best DUI lawyer you can find, defend your Pennsylvania DUI case.
Do I Really Need the Best DUI Lawyer to Defend My Pennsylvania DUI case?
This is a common question people ask me: Do I really need the best very best lawyer to defend my Pennsylvania DUI case?”
Often times people have misconceptions about Pennsylvania DUI cases. First, many people think that these charges are minor and that they will get off with a “slap on the wrist” if convicted. Also people do not realize how highly technical defending DUI cases really is. Finally, I have found that many people think that any lawyer is good enough to defend a DUI case.
Once you realize how severe the penalties are, how highly technical these cases are and how every lawyer is not the same, you will agree that having the best Pennsylvania DUI lawyer on your side is the best move you can make. In today’s post we will tackle the first question: How Severe are the Penalties for a Pennsylvania DUI conviction.
Pennsylvania DUI Penalties are Very Severe
There are a whole host of severe legal penalties for a Pennsylvania DUI conviction that include prison, license suspension and fines. Beyond that are a host of other penalties such as:
- Effects on Employment – A Pennsylvania DUI conviction can have serious ramifications on your job. Although it is unethical to discriminate solely on the basis of a criminal conviction, in practice it is widespread. You may lose out on a really good job opportunity because of a DUI on your record.
- CDL License Suspension- Pennsylvania truck drivers and CDL holders can lose their commercial license because of a DUI conviction- even if it occurs in their personal vehicle.
- Occupational Licenses- Doctors, pilots, military personnel, teachers and lawyers could potentially face additional sanctions from their disciplinary boards which may include suspension or termination of their professional license.
- Financial Liabilities- A Pennsylvania DUI conviction will also effect your insurance premiums and trigger other costs you may not be aware of.
- Restrictions on Travel- You won’t be able to rent a car and you may not be issued a VISA for certain countries.
The threat of losing your driver’s license alone is enough reason to fight your DUI with the best lawyer you can find. Pennsylvania is a huge state and most of us are heavily dependent on our cars and often take our right to drive for granted. Just imagine not being able to drive. How would you get around to all the places you need to go? I have seen many people whose careers have been devastated because they could no longer drive and thus could not maintain their busy schedules and commitments.
Also keep in mind, a DUI conviction remains on your permanent criminal record FOR AS LONG AS YOU LIVE. That’s why I say: A DUI (like a diamond) is forever
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