DUI/DWI FAQ

FAQs

All DUI/DWI FAQ:

What are the DUI penalties in PA?
What are the DUI penalties in PA?
What are some common mistakes people make when hiring a DUI lawyer?
What are some common mistakes people make when hiring a DUI lawyer?
Does a previous ARD count as a previous DUI ‘conviction’ when determining the penalties for a new DUI conviction?
Yes. In Pennsylvania, a prior ARD (Accelerated Rehabilitative Disposition) for a DUI offense counts as a previous DUI conviction for purposes of determining penalties for any subsequent DUI offense —…
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Does the car have to be moving for me to be guilty of DUI?
No — in Pennsylvania, a vehicle does not need to be in motion for a DUI charge to apply. This is one of the most frequently misunderstood aspects of Pennsylvania's…
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Do I have the constitutional right to speak to a lawyer before I agree to take a field sobriety test?
The right to consult with an attorney before deciding whether to submit to field sobriety testing is a nuanced area of Pennsylvania DUI law that is frequently misunderstood by drivers.…
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Do I have to appear in person for a preliminary hearing?
Yes — you are required to appear in person at your preliminary hearing in Pennsylvania. A preliminary hearing is a critical stage of the criminal process, and your failure to…
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Do I have to submit to field sobriety tests, like the one-leg stand, walk and turn, etc.?
No — you are not legally required to perform field sobriety tests in Pennsylvania. Field sobriety tests are voluntary, and you may politely decline to participate in them without violating…
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Do I qualify for an Occupational Limited License (OLL)?
Whether you qualify for an Occupational Limited License (OLL) in Pennsylvania after a DUI-related license suspension depends on a combination of factors including the nature of the offense, your prior…
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How does a preliminary hearing protect me from unlawful arrest and detention?
A preliminary hearing in Pennsylvania serves as a constitutional checkpoint in the criminal process, providing an accused person with the right to challenge the sufficiency of the Commonwealth's evidence before…
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