Driving Under the Influence of Drugs or Prescription Medications:
Most people know that it is illegal to drive under the influence of illegal drugs, but many believe they can avoid a conviction for DUI by producing a prescription for the drug in question. This is not true.  A DUI (drugs) charge has nothing to do with whether or not possession of  the drug was lawful. The legal issue in any DUI case is whether, as the result of "impairment," the driver has lost the ability to drive safely. It is just as unlawful to drive under the influence of a properly prescribed medication as it is to drive after drinking too much alcohol.

Other Traffic Crimes:
Every state has its own set of laws governing the operation of motor vehicles on public streets and highways. Most of these laws classify violations as infractions - relatively minor offenses for which a fine is the only penalty. One cannot be given a jail sentence for an infraction. It can be very important to fight infraction prosecutions in some situations. Many states have “point” systems to track individual driving records and the accumulation of too many points can have serious consequences, ranging from license suspension to revocation. Automobile insurance carriers often cancel the policies of drivers with too many “points.” The decision whether or not to fight an infraction ticket is one that should receive very careful consideration.

Administrative License Suspension Hearings:
Most states provide for administrative driver's license suspension in certain circumstances, but in every case the driver is entitled to a hearing in which the suspension can be contested. If a hearing is not requested within the time provided by law the right to a hearing is waived, and the suspension goes into effect automatically. In some cases the time for requesting a hearing is very short, and the scope of the hearing is usually very narrow and highly technical, from a legal standpoint. Self-representation at a suspension hearing is rarely successful. The different types of administrative suspension include:

• Drunk Driving Suspension Based on BAC
  If a defendant’s chemical test shows a BAC of .08% or more most states impose a 30 to 90 day suspension. This varies from state to state and may be longer than that. At the hearing, skilled counsel may attack the probable cause for the defendant’s detention and arrest and/or the validity of the chemical test.
• Drunk Driving Suspension Based on Test Refusal
  Where the defendant refuses to submit to a chemical test most states provide for a license suspension ranging from six months to a year, but in at least one state the term is three years. The refusal suspension is not affected by the outcome of a DUI trial. If there is a refusal suspension it remains in place even if the defendant is adjudged “not guilty.” At the hearing, skilled counsel may attack the probable cause for the defendant’s detention and arrest and/or the validity of the chemical test.

Driving Under the Influence (DUI):
A DUI occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, it typically results in higher insurance premiums and an offender may become ineligible for credit.

Driving Under the Influence – Manslaughter:
Manslaughter is the criminal charge for unlawfully killing someone without actually intending to do so. When someone is driving while intoxicated and causes an accident in which someone is killed, the driver may be charged with manslaughter.

Driving Under the Influence – Murder:
Murder is the criminal charge for unlawfully killing someone, either deliberately and intentionally or recklessly with extreme disregard for human life. In some states, when someone is driving while intoxicated and causes an accident in which someone is killed the driver may be charged with murder if the circumstances are particularly aggravated.

DUI With Prior Convictions:
In all 50 states, repeat DUI offenders face progressively stiffer penalties. In some states, the third or fourth offense may be charged as a felony and, upon a conviction, result in a multi-year state prison term. The elements of the offense are the same, whether or not there are prior convictions.

If you or someone you know in Pennsylvania has been arrested and charged with drunk driving, and you need the aggressive and skilled legal representation of an experienced Philadelphia DUI Attorney, contact Brian J. Zeiger today at 866-499-8974, or use the contact form provided on this site to schedule your free consultation.

If you or someone you know in Pennsylvania has been arrested and charged with drunk driving, and you need the aggressive and skilled legal representation of an experienced Philadelphia DUI Attorney, contact Brian J. Zeiger today at 866-499-8974, or use the contact form provided on this site to schedule your free consultation.

ADDRESS OF THE FIRM:
Levin & Zeiger LLP
1315 Walnut St., Suite 716
Philadelphia, PA 19107
Telephone: 866-499-8974
Fax: 215-279-8702
Available 24/7

MEMBERS OF THE FIRM:

Brian J. Zeiger

EDUCATION:

• Washington University in St. Louis, 1997, BSBA, Accounting and Finance
• Temple University School of Law, 2000, JD
• Temple University School of Business, 2000, MBA

JURISDICTIONS LICENSED IN:

• State Court: Pennsylvania
• Federal Court: Eastern District of PA

PROFESSIONAL MEMBERSHIPS:

• Philadelphia Bar Association