In my years of defending DUI cases in Pennsylvania, one of the most common misconceptions I come across is people questioning why I support DUI. The fact of the matter is, I don’t support drunk driving. It is dangerous and many lives are needlessly lost because of DUI each year. Asking a DUI defense attorney “why they support DUI” is akin to asking The Innocence Project “why they support murders.” Criminal defense attorneys do not support or encourage crime, they support and encourage justice.
PA DUI Attorney fights against injustice.
As a DUI defense attorney, I call for reform in the justice system because too many people are being falsely arrested and falsely convicted of DUI. They are too many problems that are going unchecked that undermine the justice system and put all of us at risk of a false conviction. Some of these problems include:
- Police officers who have very little training in DUI detection
- Faulty and inaccurate breath testing equipment
- Lack of oversight to ensure DUI testing equipment is working properly
- Field sobriety tests that are not scientifically validated
- Field sobriety tests do not tell whether the suspect is intoxicated- there are many people who may stumble when asked to stand on one leg for 30 seconds for reasons other than being drunk
- Blood testing is inaccurate
- Crime lab technicians are overworked, under-trained and many lack education in science to begin with
- Rampant lack of oversight in crime labs
- Corrupt police officers try to inflate DUI arrests for their own personal gain
- Prosecutors have been known to conceal evidence
On top of all of these uncertainties, the penalties for DUI are extremely harsh and will affect those convicted for the rest of their lives even if it is the only blemish on their criminal record. They may end losing job opportunities and will be humiliated when anyone searches their criminal record for the rest of their lives.
As a professional Pennsylvania DUI attorney I fight for justice so that innocent people are not convicted of a DUI under such unreliable circumstances.
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.
The PA DUI Attorneys at The McShane Firm are trained to handle all types of DUI cases including complicated CDL cases. I have blogged about Pennsylvania CDL DUI laws and penalties in the past. Under Pennsylvania DUI Law, CDL drivers face the stiffest penalties even if the DUI occurred in their personal non-commercial vehicle, and even if they are clearly off-duty. If convicted of a DUI, PA CDL drivers will face a license suspension on both their personal and CDL licenses. Even after the CDL license suspension is served, CDL drivers will have a very hard time finding work because most trucking companies will see the DUI conviction on background checks and steer clear of that driver. For CDL drivers, a DUI conviction can be a death penalty for their career.
Many CDL drivers choose the PA DUI lawyers at The McShane Firm to protect their careers.
This is why it is so important for CDL drivers to find the best DUI attorney to fight their case. This is why many CDL drivers turn to the PA DUI attorneys at The McShane Firm.
Recently, a Pennsylvania CDL driver charged with a DUI made the choice that would save his career. He chose The McShane Firm. Attorney Shawn Dorward fought his case with one goal in mind: to win. Attorney Dorward went to work attacking the prosecution’s evidence and and maintaining his client’s innocence throughout. He did not stop working until he secured a full dismissal of the DUI charges against his client. Getting these types of results takes plenty of hard work and Attorney Dorward is no stranger to staying late in the office preparing his cases. Like all of the DUI lawyers at The McShane Firm, Attorney Dorward has the knowledge, experience and commitment to offer the best possible DUI defense for his clients and protect their rights.
Every case has unique details and circumstances and while results are not guaranteed one thing is for sure: The McShane Firm is committed to providing you the best DUI defense in PA.
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.
Every Friday we will take a look at some of the most commonly asked questions about Pennsylvania DUI so that we can clear up any misconceptions and provide you with the most up-to-date and accurate information. Today:
Dear Pennsylvania DUI Lawyer,
For a first time general impairment DUI, do you think I need to hire a lawyer? In most of these cases, don’t the prosecutors offer ARD?
-Mark, Harrisburg Pennsylvania
Without knowing the details of your case and your criminal history, no lawyer can really give you any specific advice.
However, I can say that I strongly recommend that you have your case details reviewed by a qualified Pennsylvania DUI lawyer. The DUI attorneys at The McShane Firm all offer a free consultation. We will painstakingly go through the details of your case and give you advice based on our many years of experience and expertise.
There are many factors that need to be considered and even an ARD may result in other damages (loss of commercial license, effects on insurance, etc.) that you may not be aware of.
Please see our series Why Fight a DUI in PA for more details on the consequences of a Pennsylvania DUI.
At the end, if you best and only option is to accept an ARD deal, then we will advise you of that. Give us a call, at least you will have done your due diligence by consulting an attorney first before making a decision whose consequences are unknown to you and may effect you forever. The call is free. 1-866-MCSHANE.
If you would like to ask a question, please submit it via the contact us link.
Every Friday we will take a look at some of the most commonly asked questions about Pennsylvania DUI so that we can clear up any misconceptions and provide you with the most up-to-date and accurate information. Today:
I am facing DUI charges in York County, Pennsylvania. If I am convicted, how long with this stay on my record?
In Pennsylvania, a DUI conviction stays on your record for life. Like I have said before, “A DUI, like a diamond, is forever”. Most other states have similar laws. A DUI in Pennsylvania is always a misdemeanor, although some drivers with multiple, serious, driving convictions are declared “habitual offenders.” There are felony drunk driving cases such as Aggravated Assault by Vehicle While DUI and Homicide by Vehicle While DUI.
A conviction can result in possible denial of job opportunities and cancellation of professional licenses for CDL holders. Others holding professional licenses such as doctors, lawyers, and judges may face disciplinary action by their boards.
Because a conviction is a public record and is typically retrieved by credit reporting agencies, you may face restrictions or outright refusal for credit. In addition, a conviction will most certainly cause a significant increase in premiums or cancellation of your auto insurance. In the last 10 years, many rental car companies have begun denying rental privileges to a person with a DUI conviction for as long as six years after a DUI conviction. Some countries even restrict or prohibit travel by persons with a DUI conviction (e.g. Canada). All of these reasons explain why we fight for a non-DUI disposition to your case, or for an outright acquittal.
Please see our post The Legal Consequences for a DUI in PA for a more detailed description on Pennsylvania DUI Penalties for different categories . As you can see, the penalties for this category are very serious and can seriously effect your life. There also many other consequences of a DUI conviction that you may not be aware of (see our series Why Fight a DUI in PA).
If you would like to ask a question, please submit it via the contact us link.
-Justin J. McShane, Esquire, Pennsylvania DUI Attorney
I am the highest rated DUI Attorney in PA as Rated by Avvo.com
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In our mulit-part series “Why Fight a DUI in Pennsylvania”, we take an in depth look at the laws and legal consequences of a Pennsylvania DUI as well as the repercussions outside of the courtroom. Here is a recap of the topics we have examined so far:
- Legal Consequences – The legal penalties for a DUI conviction in Pennsylvania; complete with a chart of the progressive charges.
- Effects on Employment – How a DUI conviction can have serious ramifications on your job. It may prevent you from being hired and in some cases you could lose your current job.
- CDL Licenses- Pennsylvania truck drivers and CDL holders face the stiffest penalties out of anyone.
- Occupational Licenses- Some professionals could be in risk of losing their occupational license if convicted of a DUI.
- Financial Liabilities- How much will a Pennsylvania DUI conviction cost you.
Today’s topic: How a DUI Conviction Can Really Ruin Your Travel Plans.
In our mulit-part series “Why Fight a DUI in Pennsylvania”, we take an in depth look at the laws and legal consequences of a DUI conviction in the Commonwealth of Pennsylvania as well as the repercussions outside of the courtroom. Today we take a look at the the financial liabilities you may face if convicted of a DUI.
Civil Liability As O.J. Simpson learned the “hard way,” acquittal or dismissal of criminal charges will not bar civil litigation. A criminal conviction or guilty plea, regardless of the plea reduction, even if to a no-point, non-moving traffic infraction, may have ramifications on a civil trial. There are many complex legal aspects that require a trained and knowledgeable DUI attorney to analyze and help you chart the most suitable path.
If you were involved in a DUI that involved an accident, even if there are no injuries to the other party, you need to consult with a qualified DUI attorney. If your case is in Pennsylvania, then call the DUI experts at The McShane Firm at 1-866-MCSHANE.
Bankruptcy & Dram Shop Act Claims or judgments for damages resulting from a DUI accident are not dischargeable in bankruptcy. 11 USC § 523(a)(9). DUI is included in the term “legal intoxication” within the meaning of § 523(a)(9), which makes claims for DUI injuries nondischargeable. Liability under the Dram Shop Act may be nondischargeable if characterized as a debt for “willful and malicious injury.” 11 USC § 523 (2)(6)).
Car Insurance This one should seem pretty obvious. The charge of a DUI will cause your insurance rates to sky-rocket and your insurance company will likely drop your coverage or force you to obtain very costly “shared pool of risk” insurance. Of course this is not a one time deal. You may ending up paying for a conviction for years to come.
Medical Insurance A DUI conviction can result in a denial of medical insurance. It also may substantially increase your premium if you can get coverage. Failure to disclose your conviction may void your policy and coverage.
Life Insurance A DUI conviction can result in a denial of life insurance as well. It also may substantially increase your premium if you can find coverage. Failure to disclose your conviction may void your policy and your benefits.
Interlock Ignition Device Some repeat offenders in Pennsylvania must pay to equip and maintain an ignition interlock device, which records blood alcohol concentration and may prevent ignition, at an annual cost of approximately $1,000.00 annually. Not only is this extremely costly, it also causes a lot of embarrassment especially if you have to give a coworker a ride.
Cumulative Financial Consequences Besides attorney fees, the approximate total financial penalties of a DUI conviction, even without an accident, including insurance rate increases, typically range from $7,000.00 to $40,000.00 if not more over one’s lifetime. In some cases you could lose your job.
In our mulit-part series “Why Fight a DUI in Pennsylvania”, we take an in depth look at the laws and legal consequences of a DUI conviction in the Commonwealth of Pennsylvania as well as the repercussions outside of the courtroom. Today we take a look at the effects of a DUI conviction on Occupational Licenses.
Besides the obvious criminal sanctions already described in our last post which include mandatory jail, loss of license or a restricted license, and mandatory fines, there are a lot of under-publicized but very substantial consequences.
Not only are some occupational licenses subject to forfeiture or revocation upon conviction, but many motorists who aspire to professional licenses may be disqualified as a result of statutory disability, based on conviction. Unfortunately, some very reputable educational institutions will knowingly take thousands of dollars in tuition from you knowing full well that either you cannot possibly be licensed in that profession due to the conviction or even if you are properly licensed that you are for all intents and purposes unemployable because of this conviction. Nursing licenses and teaching certificates are commonly called into question, suspended, denied or revoked upon conviction.
In past years, a noncriminal DUI did not always disqualify an applicant from a career in law enforcement, but in recent years it probably will. In the post 9/11 era where FAA regulations are being extended down to ground personnel, even a sealed (expunged) DUI charge through the ARD process might prevent someone from obtaining employment as a baggage handler at the airport. No reputable or accurate lawyer should ever say: “It’s sealed (expunged) – so it’s like it never happened.”
We have already discussed the effects of a DUI conviction on Commercial Driver’s License (CDL) holders.
Let’s take a look at how a DUI conviction can affect other professions:
Military A pending charge or any continuing condition of a sentence or even a diversionary program in contemplation of dismissal prohibits induction into military service. If you are active duty pending orders to deployment, you will be deemed un-deployable (you will not pass SRPs). Besides loss of pension or health care benefits upon discharge, the reduction in rank or discharge can involve huge financial consequences. Service members convicted of DUI in civilian courts may be subjected to even harsher disciplinary or even discharge proceedings pursuant to administrative regulations and the Uniform Code of Military Justice. We represent a lot of service people.
Attorneys Although an ARD disposition for a DUI conviction does not mandate self-reporting to the Disciplinary Board, a criminal conviction does. Failure to disclose can and may result in loss of your bar license. Additionally, your professional liability insurance may go up as a result-sometimes substantially. We represent a lot of attorneys.
Doctors Although an ARD disposition for a DUI conviction does not normally result in a loss of license, a conviction may trigger a Rule to Show Cause hearing in which your fitness to practice medicine may be called into question. Failure to disclose can and may result in loss of your medical license. Additionally, your malpractice insurance may go up as a result-sometimes substantially. We represent a lot of doctors.
Licensed Pilots Pilots charged with a DUI offense while operating a motor vehicle face legal obligations with the FAA in addition to the potential risks under the laws of the state in which the DUI occurred. Unfortunately, many of them never realize these potential obligations exist and they end up failing to meet the mandatory requirements. Failure to honor these obligations can result in suspension, revocation, or denial of an airman certificate or a medical certificate. Interestingly, depending on the specific circumstances of any given case, this punishment can be worse than what would have happened to the pilot had he or she simply made the required disclosure in the first place. Remember, the FAA does not care if you were unaware of the reporting and disclosure obligations and will punish your failure to abide by your responsibilities. People who are in the air industry come to us.
As you can see, there are many collateral consequences, above and beyond the stated legal consequences, which are complex. You need an attorney who specializes in DUI and knows all of these consequences and how they effect you. The McShane Firm has the top DUI specialists in Pennsylvania.
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