Legal Question in Criminal Law in Pennsylvania

Re: Drunk Driving

Yes, they can find you guilty. They can do it the old fashioned way, by using 'physicals'.

The officer can describe the conduct , demeanor, the smell of alcohol, bloodshot eyes, slurred speach, unstable and/or sways when standing, couldn't walk a straight line, couldn't count backwards, repeat phrases, etc., etc.

This is a VERY fact sensitive area of the law. There is a general 'guitly till proven innocent' attitude when dealing with DUI. The facts will determine if you have a chance to fight this or not.

I don't know where this happened, but I'll tell you what I told my brother, DO NOT handle this matter without a lawyer. The penalties are TOO HIGH, and they system is designed to make these prosecutions pretty easy for the local courts.

I agree with the principle of cracking down on DUI's, but most states have gone overboard. PA is tough, but NJ is insane (and I'd like to note here, I do NOT drink - I've never even been drunk, which I know is hard to believe of an Irishman).

There is a diversionary program available in PA, but you only get one chance at it, so don't waste it if you don't have to.

Good luck.

Kevin J. Begley

856-672-1166

Admitted in NJ & PA