DUI in Pennsylvania – Understand the Law
Premier DUI Defense Attorneys
The Law Firm of Taylor & Taylor, a nationally-recognized criminal defense firm of highly experienced DUI lawyers with each attorney specializing in. Serving as it’s first Dean, and has lectured to DUI defense lawyers at over 200 law seminars in 38 states. He writes the most-visited DUI blog on the internet, is one of only two attorneys in California who is Board-certified as a senior DUI defense specialist, and remains one of only three DUI attorneys in the world recognized with a biography in Wikipedia. With his distinguished 48-year career and a national reputation in the field, Mr. Taylor has created and leads an all-star team of highly experienced and widely-respected DUI attorneys – a team that has received the highest reviews and ratings from Yelp and Avvo. Only California DUI defense attorney featured in Wikipedia. Only DUI defense firm certified by California Bar to provide legal education to attorneys. Let our highly-rated DUI defense attorneys guide you through this ordeal. The Law Firm of Taylor & Taylor is also listed in the prestigious Bar Register of Preeminent Lawyers, and has twice been featured in the American Bar Association Journal, one article noting the successful DUI defense specialization and unique technical support of former law enforcement drunk driving experts for each DUI lawyer in the firm. In annual surveys conducted by Los Angeles magazine, Mr. Taylor has been voted a Southern California Super Lawyer for 13 of the past 15 years making him 1 of only 2 DUI defense attorneys with that distinction. Taylor, a former Marine with nearly three decades of practice, has come to be known in California as the dean of DUI defense.
Amendment to Kentucky DUI law divides prosecutors, defense attorneys
A Fayette district judge’s ruling on a 2016 amendment to the drunken-driving law has prosecutors and defense attorneys battling in court. District Judge Julie Muth Goodman issued an order Sept. 1 that the 10-year enhancement may not be retroactively applied to convictions that occurred before the amendment was signed into law on April 9. If a person is charged with a DUI after April 9, and he or she has two convictions within 10 years, that person will be charged with a third-offense DUI and face greater penalties. Under the old law, Johnson’s second DUI arrest in June would have been treated as a first offense, with a penalty of four to 30 days in jail, a fine of $200 to $500, and a license suspension of 30 to 120 days. Hayne said multiple courts have ruled that application of the DUI look-back window to previous convictions is constitutional. Hayne cited a July 19 ruling by Circuit Judge Kimberly Bunnell denying a defense motion to amend a fourth-offense DUI from a felony to a misdemeanor. The Kentucky Supreme Court and the U.S. Supreme Court have held that the DUI enhancement is constitutional. Fayette District Judge Joseph Bouvier cited the state Supreme Court ruling in his Aug. 15 decision to deny a motion challenging DUI defendant Ronald Lee Bledsoe’s enhanced status. The prosecution sought to amend the charge to a third-offense DUI in light of the new amendment. At some point, various cases across the state challenging the amendment might be consolidated and go before the Kentucky Court of Appeals and/or the Kentucky Supreme Court, said Lee Turpin, first assistant in the Fayette County Attorney’s Office.
The new Driving Under the Influence Law creates a tiered approach toward DUI enforcement and treatment, and includes many changes to the penalties, terms of suspension, fines and other requirements. The new law focuses on treatment for first-time DUI offenders, rather than strictly punishment and suspension. Ungraded misdemeanor 12 month license suspension 5 days to 6 months jail time $300 to $2,500 fine alcohol highway safety school treatment when ordered 1 year ignition interlock. Ungraded misdemeanor 12 month suspension 30 days to 6 months prison $750 to $5,000 fine alcohol highway safety school treatment when ordered 1 year ignition interlock. 10% to less than.16 – 30 day suspension, or.16% and above – 60 day suspension. Out-of-state DUI convictions: No suspension for first offense; 12 month license suspension for second or subsequent offense. Ignition Interlock Drivers who receive a second or subsequent DUI violation on or after September 30, 2003, can no longer serve an additional one year suspension in lieu of obtaining an ignition interlock device. Occupational Limited Licenses First time DUI offenders may be eligible for an OLL after serving 60 days of their suspension. Individuals whose licenses are suspended for 18 months and have no more than one prior offense may be eligible for an OLL with an ignition interlock after serving 12 months of their suspension. Credit Individuals suspended for driving a vehicle not equipped with an ignition interlock device or driving under a DUI-related suspension, with a BAC of.02% or greater cannot receive credit for their suspension until jail time has been served.
DUI Laws in Kentucky
Drivers under the age of 21 are deemed to be under the influence at.02 breath or blood alcohol level. Commercial vehicle drivers operating commercial vehicles are deemed to be under the influence at a breath or blood alcohol level of.04. Commercial vehicle operators may also be placed out of service for 24 hours for any detectable amount of alcohol or controlled substance in their system. Any commercial learner permit holder or commercial license holder convicted of DUI in any type of motor vehicle will be suspended for one year. Implied Consent applies to any person who operates or is in physical control of a motor vehicle or a vehicle that is not a motor vehicle anywhere in Kentucky. Implied Consent means that when a person operates or is in physical control of a motor vehicle or a vehicle that is not a motor vehicle as defined by statute in Kentucky they have been deemed to have given consent to one or more tests of blood, breath and urine, or combination for the purpose of determining alcohol concentration or presence of a substance which may impair one’s driving ability. BAC Refers to the amount of ethyl alcohol in the blood BRAC Refers to the amount of ethyl alcohol in the breath. Drivers convicted of a second or subsequent DUI will forfeit their license plates to the courts during the period in which the driver license is suspended. The court may order an ignition interlock device to be installed on the violator’s vehicle after the driver serves a statutory suspension period. The ignition interlock device prevents a driver from operating that vehicle if the driver’s BAC is.02 or greater.