Driving Under the Influence (DUI)
In Pennsylvania, a conviction for DUI can result in serious and long-lasting consequences including imprisonment. Such cases have become more complex in recent years as a result of a new DUI statute, effective February 1, 2004. and a line of cases in our appellate courts which define the justification for motor vehicle stops under Article I, Section 8 of the Pennsylvania Constitution. If you are accused of DUI, please contact us for a confidential, no obligation and informative consultation.
Attorney Tim George, a criminal defense and DUI lawyer, defends the freedom of persons in the Erie, Pennsylvania area accused of criminal wrongdoing, including violent offenses such as murder and robbery, and property offenses, such as burglary and theft. Tim George also represents people charged with DUI.
About Attorney Tim George:
After graduating from St. Bonaventure University with a degree in Economics and receiving a law degree from the Dickinson School of Law , Mr. George returned home in 1992 to practice law in Erie County. He has worked as an assistant district attorney and as an assistant public defender. He has tried cases involving murder, rape, aggravated assault and DUI. In 2005, he also argued before the Supreme Court of Pennsylvania in a search and seizure case of first impression and, in the past, also has argued appeals before the Superior Court.
Mr. George embraces the efficiencies afforded by technology. A high-speed internet connection makes email convenient and provides instant access to appellate court opinions, statutes and other legal resources. PowerPoint technoogy has also been used successfully in both trials and arbitrations.
You can call Attorney Tim George toll free at (866) 794-2525 to discuss your case.
J. TIMOTHY GEORGE, born Brookville, Pennsylvania, admitted to bar, 1992; Pennsylvania and U.S. District Court, Western District of Pennsylvania.
Education
Positions
- Associate, Gifford, Lay & Johnson (1992-94);
- Associate, James R. Steadman (1994-96);
- Sole Shareholder, J. Timothy George, P.C. (1996-present);
- Solicitor, Lake Erie Community Park (1996-present);
- Part-time Erie County Assistant District Attorney(1996-98);
- Part-time Erie County Assistant Public Defender (2002)
- JAG, PA ARNG, 28th ID (M), Harrisburg Military Post (2004-present)
Reported Cases
- Smith v. DOT, (DUI-related suspension),Bureau of Driver Licensing, 800 A.2d 1004, 2002 Pa.Cmwlth. LEXIS 509 July 13, 2001.
- Commonwealth v. Lehman, (BUI- illegal stop), 2004 Pa. Super. 324; 857 A.2d 686; 2004 Pa.Super. LEXIS 2772, appeal granted by Commonwealth v. Lehman, 871 A.2d 790, 2005 Pa. LEXIS 695 (Pa. Supreme Ct., Apr. 5, 2005) argued on December 5, 2005
- Commonwealth v. Estep, Superior Court of Pennsylvania (unpublished opinion granting new trial)
- Commonwealth v. Shampoe, Erie County Legal Journal (2005)
- Comonwealth v. Vantine, (DUI-illegal stop), Erie County Legal Journal (2005)
- Commonwealth v. Mantri, (Confession-right to counsel), Erie County Legal Journal (2005)
Member
About PA DUI Laws:
1. What is DUI?
DUI is short for Driving Under the Influence . A person is guilty of DUI if he or she drives or physically controls a motor vehicle while under the influence of alcoholic beverage, chemical, or controlled substance. A person is “under the influence” if his or her mental faculties are impaired or his or her blood alcohol level (BAC) is above the legal limit for the state (in Pennsylvania, the legal limit is .08%).
2. Does the car have to be moving to be guilty of DUI?
No. You can be convicted for DUI by driving while over the legal BAC limit or while impaired even if you’re not actually driving the car. The key is whether you had the capability and power to dominate, direct, or regulate the vehicle. It doesn’t matter whether you were actually exercising that power at the time. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI because you are in actual physical control of the car. There are, however, exceptions to this general rule which must be considered before you decide to seek ARD or plead guilty.
3. What might cause police to suspect a DUI?
Most DUI arrests occur at night and on weekends. The following is a list of indicators that someone might be DUI at night. The list is based upon research conducted by the National Highway Traffic Administration (NHTSA):
- Turning with a wide radius
- Straddling the center of lane marker
- Almost striking an object or vehicle
- Weaving
- Driving on other than designated highway
- Swerving
- Going more than 10 mph below the speed limit
- Stopping for no reason in a traffic lane
- Following too closely
- Drifting
- Running tires on the center or lane marker
- Braking erratically
- Driving into opposing or crossing traffic
- Signaling in a way that doesn’t match driving actions (for example, signaling left and then turning right)
- Slow response to traffic signals
- Stopping inappropriately (other than in lane)
- Turning abruptly or illegally
- Accelerating or decelerating rapidly
- Driving with the headlights off
4. If a police officer questions me, what should I say?
If the officer asks whether you have you been drinking, your answer will be a significant factor in the officer’s decision whether to arrest you. Since the question is accusatory in nature you should politely decline to answer. One good response: “I would like to speak with a lawyer before I answer any questions.” Remember: Be polite at all times.
Please remember that the officer does have a right to ask certain routine questions. For example, you should give the officer your name, address, date of birth, etc. if asked. When the officer inquires into drinking, however, politely ask for a lawyer. The officer will then probably say you do not have a right to a lawyer and ask you to answer the question. At this point, your best course of action would be to respectfully and politely decline to answer.
5. Do I have the right to a lawyer before taking field sobriety tests or giving a breath or blood test?
No. In Pennsylvania, your right to a lawyer or to advice of counsel does not “attach” – come into being – until you are formally arrested or placed in “custody.” Still, if at any time during the officer’s stop, you believe you need a lawyer, it is always good policy to ask for one. Please remember to be polite and courteous at all times. You must refrain from any rude, disrespectful or “know it all” behavior. NOTE: However, if you are placed under arrest for DUI and you refuse to take a breath or blood test, your driver's license will be suspended.
You can read more about PA DUI Laws at www.timgeorge.us or call toll free at (866) 794-2525 for a confidential and informative consultation.
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