5 Common Myths Related To DUI
Drinking is a part of American culture. These five common DUI myths related to DUI have become popular over the years as some drivers try to beat the system. It’s important to understand that these drinking myths may be dangerous to your health.
Don’t Worry about DUI Unless Your Blood Alcohol Content is 0.08 Percent
This very popular DUI myth is both dangerous and false. Your blood alcohol content (BAC) at 0.08 percent or higher confirms drunk driving—but it’s possible to be arrested when the officer feels you look or act drunk. If you appear to be driving impaired after drinking, you can be arrested for DUI with or without a confirmed BAC of 0.08 percent or higher!
However, if you’re arrested for DUI in such circumstances, you need a criminal justice lawyer to defend your rights. It may be possible to argue the validity of your test results. An experienced DUI lawyer in Philadelphia can help you to avoid a DUI conviction.
Drive Carefully to Avoid Getting Arrested for Driving Under the Influence
Drinking alcohol impairs your ability to operate a vehicle. Even if you drive carefully, it’s possible to get arrested for drunk driving. Stricter Pennsylvania DUI laws and checkpoints make it more difficult to avoid getting pulled over. A law enforcement officer may randomly decide to detain you. If you fail the officer’s tests, you could be arrested for driving under the influence.
Police Must Catch You Driving to Make a DUI Arrest
Unfortunately, a police officer doesn’t need to catch you driving drunk behind the wheel. If you believe that’s the case, you’re wrong! If an officer observes you acting drunk, they’ll reasonably believe you’re driving under the influence. You may still be arrested for DUI.
Eat a Meal or Wait at Least an Hour to Lower BAC Levels
Some believe that eating food or waiting for the alcohol to burn off will lower the BAC level after drinking. Sadly, neither of these options will reliably help you to avoid a DUI. Eating may help you to overcome some of alcohol’s narcotic effects but doing so won’t affect your BAC. Your BAC is likely to rise to its highest level about an hour after you consume it. And drinking coffee or taking a cold shower are also unlikely to change your BAC levels after drinking. Avoid alcohol to avoid a DUI. Ask a designated driver to get behind the wheel. It’s still possible to fail a breathalyzer after consuming one or two drinks!
Suck a Penny to Trick the Breathalyzer
Sucking on a dirty penny won’t improve your chance of passing a chemical test. Unfortunately, this myth has been disproven many times over the years. A breathalyzer device measures air within the lungs. A penny in your mouth won’t help! Law enforcement officers may also look inside your mouth before administering the test.
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Can I go to Jail for a 2nd DUI Offense?
Everyone makes mistakes, but driving under the influence is not one easily forgiven in Pennsylvania. Courts have been cracking down with harsher ways to punish these crimes in hopes of deterring others from making the same decisions in the future. So if you’ve been charged with a DUI for the second time, there’s even more at stake than the already severe consequences of a first offense.
If you’re wondering whether you could go to jail for a 2nd DUI offense, the short answer is yes. But the penalties will depend on the specific details of your arrest. Here’s what you need to know:
The General DUI Laws in Pennsylvania
The penalties for a DUI are categorized based on the Blood Alcohol Content (BAC) and history of prior offenses. In 2003, the Commonwealth of PA passed legislation to lower the legal limit of alcohol to 0.08 within the following 3 categories:
- General Impairment – .08 to .099% BAC
- High BAC – .10 to .159% BAC
- Highest BAC – .16% & higher
So anyone caught driving with a blood alcohol level of .08 or higher could receive a DUI charge, while certain classes of people may receive harsher penalties, despite the BAC category they fall under. These individuals include: underage drivers, school-hired drivers, commercial drivers, drivers who cause injury to other individuals or property, and drivers who refuse breath or chemical testing.
What is Considered a “Second Offense” DUI?
In Pennsylvania, DUI offenses have a 10-year look back period. This means that any convictions during this time period will be counted. So if you have been charged with a previous DUI in the last 10 years, another charge will be considered your second offense.
Penalties for a Second DUI
General Impairment
Criteria:
- 0.08-0.99% BAC
- No property damage or injury
- 21 years or older
- Refuses a chemical test
Penalties may include:
- 5 days to 6 months in jail
- 12-month license suspension
- 1-year ignition interlock
- $300 to $2,500 fine
- Treatment or alcohol highway safety school when ordered
- Ungraded misdemeanor
High Impairment
Criteria:
- .10-0.159% BAC
- General BAC with property damage or injury
- In a school vehicle with 0.02-.159% BAC
- In a commercial vehicle with 0.04-0.159% BAC
Penalties may include:
- 30 days to 6 months in jail
- 12-month license suspension
- 1-year ignition interlock
- $750 to $5,000 fine
- Treatment or alcohol highway safety school when ordered
- Ungraded misdemeanor
Highest Impairment
Criteria:
- .16% or higher BAC
- DUI Drugs
Penalties may include:
- 90 days to 5 years in jail
- 18-month license suspension
- 1-year ignition interlock
- $1,500 to $10,000 fine
- Treatment or alcohol highway safety school when ordered
- First-degree misdemeanor
Other consequences of a second DUI charge:
- Increased insurance rates and loss of insurance
- Difficulty getting a student loan or applying to colleges
- Suspension or revoked scholarships from the university you attend
- Inability to pursue advancement in your career or job field if the employer requires a background check on prospective candidates
If you or someone you know is facing a second DUI charge, do not wait to get the representation you need to fight for a lighter sentence and minimize your jail time. Contact us today for a free consultation to discuss your case.
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Are Field Sobriety Tests Mandatory in PA?
If you are pulled over with suspicion of driving under the influence, you have substantial rights under Pennsylvania law. With about 1.5 million people arrested in a given year for driving under the influence, police are vigilant about keeping our roads safer and will look for a number of reasons to stop a driver. To protect your rights when pulled over by an officer, here is what you need to know.
Field Sobriety Tests are not Mandatory in PA
Under Pennsylvania’s implied consent law, by operating a vehicle within the Commonwealth of PA, a driver is presumed to consent to a blood, urine or breath test of his or her blood alcohol content (BAC). But you are not required to agree to a field sobriety test – an alternative diagnostic test used to measure a driver’s level of intoxication. You have the right to decline and remain silent until you have a lawyer present and it is vital that you do so to prevent anything you say or do from being used against you in court.
Officers have a number of reasons they use to pull over drivers for suspicion of driving under the influence, driving over the speed limit, staying in a lane, driving recklessly, etc. So if you are pulled over, here are the rights you have in PA:
- To refuse a field sobriety test
- To a trial with legal representation
- To have an attorney to review the state’s evidence
- To call witness
- To testify
- To make the state prove their accusations beyond a reasonable doubt
What is a Field Sobriety Test?
Standard field sobriety tests are developed by the National Highway Traffic Safety Administration designed to help police decide if they should make an arrest. They include:
- Walk-and-Turn Test requiring a driver to take nine steps touching heel to toe walking a straight line before turning on one foot to face the opposite direction in the same manner.
- Horizontal Gaze Nystagmus Test (“Follow My Finger”) where the officer will observe the eyes of a driver as they slowly follow a moving object (such as a pen or flashlight) to see if there is any distinct jerking, angling or irregularity in the eye movement.
- One-Leg Stand Test will instruct the driver to stand with one foot about 6 in. off the ground and begin counting starting aloud from one-thousand until told to stop.
In addition to these standard tests, other tests may include: heel-to-toe test, finger-to-nose test, alphabet recitation, fingers-to-thumb test.
Always keep in mind, that once a driver asks to speak to a lawyer, the officers are obligated to stop asking questions and gathering information from you. So it is crucial that this is the first thing you do when pulled over.
The Downside of Field Sobriety Tests
Field tests are statistically proven to be unreliable, and even many sober individuals are unable to perform the required tasks. Outside elements like the weather or road conditions may also make it more difficult for a driver to pass a test, in addition to their physical condition; for example, if the suspect is overweight, suffers from vertigo, or has arthritis, which in all cases make it difficult to balance in any situation.
Unfortunately, it is also possible that the officer administering the test may not be not objective in recording your results or could simply make errors that would cause you to fail. For example, if the officer is conducting the horizontal gaze nystagmus test while standing with his back to moving traffic. This alone would make it difficult for any driver to fully concentrate on the task.
When considering the consequences of a failed field test, the inaccuracy is too much to risk, so it is critical that you know your rights. Likewise, if you have been arrested and are facing DUI charges, our experienced defense attorneys can bring to light any defenses to your case that will protect these rights and preserve your freedom. Contact us today to discuss your DUI case in a free consultation.
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The Sobering Consequences of DUIs for Underage Drivers
Impaired driving is a serious crime that affects even the most law-abiding citizens who make one bad decision to get behind the wheel. 1 in 3 driving-related deaths involve a driver with a BAC at the legal limit (0.08%) or higher – and what’s even more staggering is that alcohol is involved in 29% of all fatal crashes among 15-20-year-olds, who are under the legal drinking age.
These statistics are a driving force behind why Pennsylvania takes drunk driving very seriously. So if you or someone you know has gotten behind the wheel under the influence and under the drinking age, it’s important to know the consequences that are waiting for you if you get pulled over.
Partnering with DUI lawyers in Philadelphia gives you the guidance to pursue options that may reduce the consequences of a DUI.
Drunk Driving in Pennsylvania
For all drivers 21 and over, Pennsylvania divides their fines and penalties for a DUI into three categories based on the blood alcohol concentration of the driver at the time of the arrest.
0.08% to 0.099%: General Impairment BAC
0.10% to 0.159%: High BAC
0.16% & over: Highest BAC (or under the influence of a controlled substance)
Whether it is a first, second, or third offense will also play a role in the court’s decision. These consequences can range anywhere from 5 days to 5 years in jail, $300 to $10,000 in fines, 1 to 1 ½ years license suspension, and mandatory drug and alcohol treatment and safety programs. Any driver who refuses to submit to blood alcohol tests are subject to harsher penalties, no matter how many charges they have had in the past.
The Consequences of a DUI for Underage Drivers
For underage drivers, Pennsylvania has a strict DUI conviction for a BAC of as little as 0.02%. Minors who are pulled over or caught driving under the influence risk the following mandatory minimum sentences:
1st Offense
- 48 hours in jail
- A fine of $500
- License suspension of 12 months
- An alcohol safety school & alcohol/drug treatment program determined by the court
2nd Offense
- 30 days in jail
- A fine of $750
- License suspension of 12 months
- An alcohol safety school & alcohol/drug treatment program determined by the court
3rd Offense
- 90 days in jail
- A fine of $1,500
- License suspension of 18 months
- An alcohol safety school & alcohol/drug treatment program determined by the court
There are also collateral consequences to keep in mind too. For high school or college students, a DUI conviction could result in suspension or expulsion, while jeopardizing scholarships and any character-related programs or achievements. And as a public record, you also face the negative stigma that’s associated with a DUI within your community and with employers; while many insurance companies will also choose to raise rates significantly for convicted drivers.
What Happens After an Underage DUI Arrest?
If you’re pulled over by the police for driving under the influence, the first thing you can do is remain calm and respectful to the law enforcement. You should ask to speak with your attorney immediately as anything you say before this request is part of the investigation and can be used against you in court. And this includes any questions asked by the officer about your sobriety. Being cooperative doesn’t require you to answer any alcohol-related questions after being pulled over. However, if you are showing visible signs of intoxication – bloodshot eyes, slurred speech, etc.- you will likely be arrested on the spot.
For select first-time DUI offenders, there is an opportunity to expunge a DUI conviction from your record under Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program. This program may include counseling, probation, safety classes, and community service. Eligibility will be automatically be denied for defendants whose charge includes the resulting injury or death of other drivers.
Having an Experienced DUI Defense Attorney on Your Side
If you’ve been convicted of an underage DUI charge, our attorneys are skilled at the thorough investigation of drunk driving arrests to help you exploit weaknesses in the prosecution’s case and minimize the lifetime consequences at risk. Contact us today so we can fight for you.
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Should I Get a Lawyer for My First DUI?
If you’ve been arrested for driving under the influence of drugs or alcohol for the first time, it was probably one of the most traumatic experiences of your life. And now, you most likely have a lot of questions. The first one most likely being, “should I get a lawyer?” Even if you boast a perfectly clean driving record going into your arrest, the answer is still YES. Drunk driving crimes are taken very seriously in Pennsylvania, so if you’re a first-time offender, here are some of the main reasons why you need to get a lawyer today.
To Get Answers to Your Questions
Even if you’ve had friends or family who has been convicted of a DUI in the past, every case is different. You’ll have questions that need answers based on your specific circumstances. Without prior experience in the court system, it’s normal to be scared, and an experienced attorney can help ease your concerns by providing you information and guiding you through the process.
As a first-time DUI conviction, you may have more options available to you than in a repeat case, such as a disposition program to avoid a criminal record. It’s important to understand the various scenarios and details of these options, but you’ll be expected to decide quickly. Trying to make these decisions on your own could cost you in the long run.
To Protect Your Rights
By hiring a lawyer right away, they can examine the specific details of your case to determine any possible defenses on your behalf. You have rights under the state and federal law, ensuring that law enforcement handled the initial stop and arrest properly. Your lawyer will be able to catch any of these violations to give you the best possible outcome for your case.
Common defenses involve the following:
- The credibility of the officer who arrested you
- Whether or not the initial traffic stop was constitutional – did they have reasonable suspicion to stop you? Were you read your rights?
- Ensuring the police obtained consent for DUI testing
- The accuracy of the testing equipment used due to lack of maintenance or calibration
- Whether or not the proper testing procedure was followed – observing you for 20 min before testing you, testing within 2 hours of driving the car, etc.
A number of these circumstances could mean for dismissal of the case, so make sure you are working with an attorney who is experienced in DUI crimes.
To Minimize the Consequences You’ll Face
Under state law, the severity of penalties depends on a multitude of factors, including whether it’s a first-time or repeat offense, your blood alcohol concentration level (BAC) at the time of the arrest, and if any injuries or fatalities were a result of the defendant’s condition. While being a first time-offender does help your case, it doesn’t mean you’re off the hook. It does, however, generally give you more options under the law in terms of your penalties. This may involve Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program which may allow for expungement of the crime from your record upon completion.
Other potential penalties and consequences you may face with a DUI charge include:
- Fines/Fees: Anything over the legal limit could result in fines of $300-$5,000
- Jail Time: A BAC of over 0.10 for a first-time offender allows for up to 6 months in jail
- Suspension of Driver’s License: If BAC is over 0.10 or you refused a test, your license could be suspended for a year; that includes losing a Commercial Driver’s License (CDL) or work.
- Insurance Rate Increases or Unattainability: A DUI may result in higher limits of insurance and more expensive coverage
- Employment Implication: Many employers have policies against employing or hiring anyone with a DUI conviction:
- Increased Penalties in the Future: Due to Pennsylvania’s 3-tiered sentencing guidelines, any second offense you face will be much more severe than the first
- Drug & Alcohol Treatment: You may be forced to undergo drug and alcohol education or treatment, as well as community service if a minor was in the vehicle
- More Severe Penalties: If there was collateral damage as a result of your DUI, including injuries or fatalities, you’ll be faced with much more serious penalties, as well as possible lawsuits from the victims
If you’ve recently been arrested for a DUI, don’t wait any longer to contact an experienced criminal defense attorney. Whether you’re a first-time or repeat offender, our lawyers will fight to protect your rights and minimize your consequences. Contact us for a free consultation today.
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Collateral Consequences of a DUI
Drunk driving is Pennsylvania’s second leading cause of accidents and fatalities, behind speeding. For this reason, even a first-degree offense can lead to serious legal repercussions, including substantial fines, mandatory drug, and alcohol counseling, even jail time. While you may be aware of these consequences, you may not realize the long-term collateral damage it also causes. So before you call just any lawyer to defend your DUI case, here are the collateral consequences you could be risking.
Increased Auto Insurance Premiums
In addition to the potential fines, you’ll be responsible for, a DUI conviction can make your auto insurance a real issue. First and foremost, your rates will increase significantly. And switching insurance companies won’t help; your criminal record makes you a high risk no matter where you go which will make companies reluctant to cover you. You could wind up paying premiums of up to hundreds or thousands of dollars more than drivers without a record.
Transportation Challenges
One of the risks you take with drunk driving is losing your license. In some cases, a defendant can petition the court for a restricted license that allows you to still (and only) get to and from work, but in many cases, you won’t be so lucky. Without public transportation, that makes daily commutes a major inconvenience on you and your loved ones. Consider driving your kids to school or sporting events, grocery shopping, going to the bank or post office, or doctors visits when someone gets sick or hurt. Not to mention if traveling is part of your job, you’re looking at far bigger problems.
Lost Employment Opportunities
As an at-will employment state, employers-employees in PA can be terminated by either party for any reason (within discrimination laws). So even if the state simply accuses you of a DUI, your employer can fire you without recourse. What’s worse is they don’t have to rehire you if the charges are dropped or you’re acquitted. A clean driving record is necessary for a multitude of jobs which require good character (medicine, finance, social services, etc.), so your future employment opportunities will be significantly affected as well.
Academic Sanctions
The student code of conduct at many schools and universities prohibit any illegal activity, including drunk driving. As a result, students can face serious repercussions from their academic institution after a conviction. This includes:
- Loss of a scholarship or financial aid package
- Probation
- Suspension
- Expulsion
And if education is in your future plans, you should know that schools may use a criminal record as a factor when deciding on applicants, which could result in the derailment of your academic plans before they even start.
If you’re facing a DUI charge, it’s crucial to understand that a conviction is not necessarily inevitable. With an experienced attorney, you’ll have the very best chance at providing a defense that applies to your case and could help you avoid a criminal record. Contact our lawyers to discuss your case in a free consultation.
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The Most Common Crimes Around the Holidays
The holiday season is universally anticipated as a time of joy, family gatherings, generosity, and celebration. Yet, beneath the festive lights and seasonal cheer, the period from late November through the New Year presents a distinct set of social pressures and environmental stressors. The combination of financial strain, increased alcohol consumption, crowded shopping environments, and the frantic pace of “getting everything done” can lead even well-intentioned individuals to act rashly.
In Pennsylvania, law enforcement agencies are acutely aware of these seasonal shifts. Statistics consistently show an uptick in specific types of criminal activity during these months. Understanding what these risks are, how they are penalized under Pennsylvania law, and how to protect yourself is the best way to keep your season peaceful and legally secure with Brennan Law Offices’ criminal defense lawyers.
Theft, Retail Theft, and Burglary
Topping the list of crimes during the holidays is theft in its various forms. The “gift-giving” mentality, combined with the abundance of high-value electronics, jewelry, and appliances on display in stores and delivered to homes, creates an environment ripe for opportunistic criminal activity.
Retail Theft (Shoplifting)
In Pennsylvania, shoplifting is legally classified as “retail theft” under 18 Pa. C.S. § 3929. Retailers are particularly vigilant during the holiday season, often increasing security presence and utilizing advanced surveillance technology. It is important to realize that the penalties are strictly tied to the value of the items and the offender’s prior history:
First Offense (under $150): Classified as a summary offense. While jail is unlikely, you may face fines up to $300.
Second Offense (under $150): Classified as a second-degree misdemeanor, punishable by up to two years in jail and $5,000 in fines.
First/Second Offense ($150–$2,000): Classified as a first-degree misdemeanor, carrying up to five years in prison and $10,000 in fines.
Third or Subsequent Offense (any value) or items over $2,000: Classified as a third-degree felony, which can result in up to seven years in prison and $15,000 in fines.
Beyond the criminal penalties, a retail theft conviction results in a permanent criminal record, which can severely hinder future employment opportunities, housing applications, and professional licensing.
Porch Piracy and Residential Burglary
With the explosion of online shopping, “porch piracy”, the theft of packages from residential doorsteps, has become a significant issue. Under Pennsylvania law, taking a package can be charged as theft, and if the activity involves entering an attached garage or dwelling, it can escalate to burglary, a serious felony. Families should consider using secure delivery lockers, requiring signatures for high-value items, or asking neighbors to collect packages to mitigate these risks.
Driving Under the Influence (DUI)
The holiday season is synonymous with social events, most of which involve the consumption of alcohol: office parties, family dinners, and neighborhood gatherings. Unfortunately, this leads to a dangerous spike in impaired driving. Pennsylvania maintains some of the strictest DUI laws in the country.
The penalties for a DUI are progressive and severe:
First Offense: Even a first-time DUI with a blood alcohol concentration (BAC) between .08% and .099% can result in six months of probation and a $300 fine.
Aggravated DUI: As your BAC increases, or if drugs are involved, the penalties shift from probation to mandatory minimum jail sentences, significant license suspensions, and the mandatory installation of an ignition interlock device.
Long-term Consequences: A DUI conviction increases insurance premiums exponentially, can lead to the loss of a commercial driver’s license (CDL), and may result in the forfeiture of professional licenses.
Given the availability of modern rideshare services, the “cost” of a taxi or rideshare is infinitely lower than the life-altering cost of a DUI fine, the loss of your license, or the potential for a catastrophic accident. If you find yourself in need of DUI lawyer in Philadelphia, Brennan Law Offices are prepared to help.
Cybercrime and Identity Theft
Online shopping continues to increase in popularity each year, and it’s reported that this year’s online holiday sales have already topped $123.73 billion. While convenient, this creates massive opportunities for cybercriminals. Identity theft is no longer just about someone stealing your wallet; it is now a sophisticated, digital crime that can devastate your finances for years.
Protecting Your Digital Footprint
Scammers often set up fake charity websites or “too good to be true” online storefronts to harvest credit card numbers, Social Security numbers, and banking details.
Always verify site security: Make sure the URL starts with https:// and look for the padlock icon in the browser address bar.
Use digital wallets: Services like Apple Pay or Google Pay use encryption that is significantly more secure than entering a physical card number into a website.
Avoid public Wi-Fi: Do not perform banking or shopping while connected to unsecured public Wi-Fi at coffee shops or malls, as hackers can easily intercept your data on these networks.
Identity Theft Penalties
Under Pennsylvania law, identity theft is treated as a serious crime. A first offense can lead to significant prison time (up to five years) and fines of $10,000. If the identity theft involves large-scale financial loss, these penalties increase drastically.
Domestic Disputes and Family Conflicts
It is a sad but documented reality that domestic violence and harassment charges often increase during the holiday season. The financial pressure to provide gifts, combined with the stress of family dynamics and increased alcohol consumption, can lead to explosive verbal or physical arguments.
In Pennsylvania, police are often mandated to make an arrest if they are called to a domestic disturbance and find probable cause of assault or harassment. These charges can result in “no-contact” orders that effectively remove you from your home and separate you from your family, even before a trial has taken place. If you find yourself in a high-tension situation, the best course of action is to walk away, remove yourself from the environment, and de-escalate.
What to Do If You Face Criminal Accusations
If you or a loved one find yourself on the wrong side of the law this season, the most important thing is not to panic. An accusation is not a conviction. Here are the immediate steps you should take:
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Exercise Your Right to Remain Silent: You are not required to explain your side of the story to the police at the scene. Anything you say can, and likely will, be used against you. Be polite, provide your identification, and state that you wish to speak with an attorney.
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Document Everything: As soon as you are able, write down every detail of the encounter, including the names of officers, any witnesses, and the exact sequence of events.
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Secure Legal Representation: Do not attempt to navigate the court system alone. The holiday season often complicates court schedules, and having an experienced advocate can make the difference between a dismissed charge, entry into a diversionary program (like ARD), or a permanent conviction.
At Brennan Law Offices, we understand that a single moment of poor judgment should not define your entire future. Our experienced defense team is dedicated to protecting your rights, scrutinizing the prosecution’s evidence, and fighting for the best possible outcome in your case.
Do not let a legal misunderstanding or a moment of stress ruin your holiday season or your future. Contact our office today to make sure that you have the professional representation you need to protect your reputation and your freedom.
This post was updated 3/12/2026.
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Everything You Need to Know About Disorderly Conduct in PA
While most disorderly conduct charges are considered a summary offense (or the most minor type of criminal offense in Pennsylvania) it doesn’t make facing the penalty any less scary. If you or someone you know has been charged with disorderly conduct in PA, here’s everything you need to know to handle your situation and minimize the resulting consequences.
What Does Disorderly Conduct Mean?
Disorderly conduct is a criminal charge that doesn’t pertain to any one action in particular, but instead, a variety of actions that could be described as “unruly.” This means intentionally and/or recklessly causing a risk of public inconvenience, annoyance or alarm. And while Pennsylvania’s disorderly conduct law is not designed to punish just any action that causes irritation or annoyance to others, it is meant to protect the peace and civility of the community by covering a wide range of threatening or tumultuous behaviors.
Some of these behaviors and actions include:
- Violating noise ordinances
- Loitering
- Engaging in fighting or violent conduct
- Disturbing the peace
- Public drunkenness
- Obscene language or gestures
- Creating a physically hazardous condition that serves no licit purpose
Penalties for Disorderly Conduct
As a summary offense, a disorderly conduct sentence may include up to 90 days in jail, as well as a fee of up to $300. In most cases, a guilty individual will simply receive a citation or small fine. However, if the Commonwealth can prove that the defendant had the intent to cause substantial harm or serious inconvenience to the public, then it may be punishable as a misdemeanor of the third degree. These cases typically involve alcohol or public drunkenness, the serious harm or injury to another person or major property damage. As a misdemeanor charge, the individual may be looking at a maximum of 1 year in jail and/or a $2,500 fine.
How to Fight Disorderly Conduct Charge
Since disorderly conduct law is so broad and can be interpreted quite differently, it’s important to take immediate action to develop the right strategy to minimize your sentence. The Commonwealth of Pennsylvania is required to prove every single element of the statute, so a typical strategy is to challenge the evidence which supports how these specific elements individually. For example, describing the “intent” or classifying the “substantial” and “serious” inconvenience. Another approach is disputing the “public” aspect of the crime. Considering the term “public” applies to a place in which a substantial group has access, there may be a chance for acquittal if this cannot specifically be supported.
Other possible defenses may include:
- Lack of intent
- Lack of knowledge that the individual was causing unfavorable conditions
- Self-defense against another’s threatening or violent actions
- Age (minor vs. adult)
- Intoxication
- Provocation for the conduct
Disorderly conduct charges are primarily at the judge’s discretion, which is why additional aspects of the crime, such as being a first-time offense or even the location where the conduct occurred could be crucial to help reduce your charges if presented properly.
If you’re looking for an experienced criminal defense attorney who understands the necessary steps to negotiating an alternative resolution for the reduction or dismissal of your disorderly conduct charge, contact the Bill Brennan Law offices today.
Read MoreWhat Factors Can Reduce My Criminal Charges in PA?
Anyone arrested for a serious crime hopes for a positive outcome if they’re convicted. But few actually know what factors are taken into consideration to determine a criminal sentence. Fortunately, Pennsylvania law requires judges to recognize various facts and situations unrelated to whether or not the defendant is actually guilty of a crime, but that could be grounds for a more lenient punishment.
Mitigating vs. Aggravating Factors
Judges are required to consider two types of factors while determining a convicted person’s criminal charges in PA: mitigating and aggravating. Mitigating factors include any evidence provided regarding the defendant’s character or the circumstances of the specific crime that could support leniency. In opposition, aggravating factors are any relevant circumstances that were presented throughout the trial which would warrant the harshest penalty appropriate.
While some circumstances simply don’t permit consideration, a good criminal defense attorney will present all the relevant facts of the case, no matter how small or minor they may be, as it is ultimately up to the judge to decide which factors will have an impact on the sentence. This may mean that very personal aspects of the defendant’s life will be revealed in court, but any admissible detail could affect the outcome.
What Mitigation Factors Can Help Reduce My Charges?
It’s up to the defendant and their criminal defense lawyer to provide convincing facts if they hope to achieve mitigation. This data is typically viewed in two categories: information about the offense and information about the offender.
Some of these mitigating factors include:
Role in the Crime
If the defendant played a relatively minor role in the crime, such as accepting compensation to transport illegal drugs verses engaging in drug trafficking in Philadelphia, this may be a mitigating factor.
Victim Culpability
Victim culpability refers to the participation or initiation of a crime. Whether someone started a fight in a domestic violence attack or reacted in defense with more force than necessary could impact the sentence.
Unusual Circumstance
A crime was committed while acting out due to emotional distress or substantial provocation is considered an unusual circumstance. This may include a DUI charge for choosing to drink and drive on the same day the defendant lost their job and broke up with their significant other.
Level of Harm
If no one was hurt as a result of the crime, this could also serve as a mitigating factor. An example being a carjacking was committed or property was stolen without harming the victim or anyone else in the process.
Relative Necessity
The motive of a crime may also be worthy of mitigation depending on the situation and relative facts. This would apply to a situation like a defendant stealing food from a grocery or convenience store in order to feel his starving family.
Drug or Alcohol Addiction
If drugs or alcohol were involved, it must have contributed to the crime, not just serve as a motive or excuse. The defendant would likely need to show a concerted effort in rehabilitation before a relapse resulted in the illegal action while under the influence for it to be a considerable factor.
There are a number of other mitigating factors that a judge will analyze during sentencing, which is why it’s so important to have a criminal defense attorney to advise you on the exact information and circumstances that will reduce your charges and protect your future. Contact our experienced attorneys today to discuss your case through a free consultation.
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The Real Cost of that Drink: Penalties for First & Second DUI Offense
While some states would regard driving under the influence as a mere traffic violation, leaving the convicted with just a slap on the wrist, in Pennsylvania, you won’t be so lucky. With DUI penalties in PA considered a criminal offense, you’re looking at serious consequences for both first and second time convictions.
Choosing to drive under the influence not only puts you and others at risk on the road, but it puts you at risk of consequences you’ll suffer for years to come. However, sometimes these laws are overly prosecuted or unfairly charged, and you may not know what to expect in order to protect yourself. So here’s what you need to understand about the actual cost of a drink when it comes to a PA DUI.
General Information on DUI Charges in Pennsylvania
About 15 years ago, the legal limit of alcohol was lowered from .10 to .08 by the Commonwealth of Pennsylvania. From this benchmark, there are three levels of a DUI.
- .08 to .099% BAC = General Impairment
- .10 to .159% BAC = High BAC
- .16% & up = Highest BAC
While these levels certainly impact the severity of a punishment, certain classifications may also play a role in your sentencing. Underage drivers, school vehicles and buses, commercial drivers, drivers who refuse a breathalyzer and drivers who cause injury or property damage to others could face harsher punishments under PA law.
Penalties for First Offense DUI in PA
General Impairment: Up to 6 months of probation and fines of approx. $300
High BAC: 48 hours to 6 months in jail and fines of $500- $5,000; license suspension for 12 months
Highest BAC: 72 hours to 6 months in jail and fines of $1,000- $5,000; license suspension for 12 months
If you’re experiencing a first-time DUI offense, you’re not typically looking at jail time, simply based on your BAC, but there are stipulations. If your BAC is higher than .099, jail time should now be a concern, while being under 21 years of age could mean up to 6 months of jail time, regardless of your BAC level.
Penalties for Second DUI in PA
While some may deem the punishments for a first-time offense as rather extreme, the ultimate goal is to prevent repeat offenders. If you’ve received a 2nd DUI in PA, you’re automatically facing jail time of 5 days to 5 years.
General Impairment: 5 days to 6 months in jail and fines of $300- $2,500; license suspension for 12 months
High BAC: 30 days to 6 months in jail and fines of $750- $5,000; license suspension for 12 months
Highest BAC: 90 days to 5 years in jail and fines of $1,500- $10,000; license suspension for 18 months
All BACs: Up to 150 hours of community service and ignition interlock device installed for 1 year; Enrollment in Alcohol Highway Safety School and an Alcohol and Drug treatment program
Whether you’ve been charged with a first or second offense DUI in Pennsylvania, there’s a lot at stake for your future, and it’s important to make sure you aren’t fighting the battle alone. As Philly’s DUI Lawyer, we’ll help you review all aspects of your case to protect your rights, ensure a fair hearing and help you move forward.
Contact us to set up a free consultation today.
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