What is the Definition of Too Much Alcohol Consumption Before Driving?

When your blood alcohol content (BAC) is 0.08% or higher, you’re considered legally impaired in the U.S.

How Many Drinks Does it Take to Reach 0.08 %BAC?

If a police officer deems you “noticeably impaired”, or if you fall under your state’s zero tolerance laws (e.g., you’re under 21 or have children in the car), you could face a DUI even if you are under the legal limit. This might even happen if you’ve been consuming medical and/or recreational marijuana.

Intoxication begins with the very first drink. You should never drink and drive, no matter how much you’ve consumed. You can be impaired and arrested even if your BAC is under 0.08%.

Seeing as there are many factors affecting BAC, it’s very difficult to estimate how many drinks it would take for an “average person” to reach 0.08%. Additionally, not all drinks are created the same — a cocktail served at one bar may have double the alcohol as that served at another bar.

It’s important to realize that BAC can vary widely depending on a host of factors. Results can be different if you don’t consume food, or even the wrong food, during a specific time frame, and also whether you’re a male or female and your body weight.

We often say in our posts that we don’t condone drinking and driving but we also recognize that even if we don’t believe we’re impaired, we could still be arrested if an officer is suspicious. You might be pulled over for a traffic violation, a speed trap, or swerving to miss an animal or because of inclement weather. Regardless of your circumstances, we understand humans make mistakes.

Questions we get a lot: Will I lose my license? Will I go to Jail?

That depends upon each case. There are a series of questions we’ll ask you and encourage anyone who has been arrested with a DWI/DUI, to contact us immediately. We may be able to help you. It’s much better than going at it alone, and laws change depending upon age.

Your case matters to us and we want to help!

Contact the Law Offices of Edwin L. Guyer today at elg@paduilawyer.com or call us directly at 215.542.9333.

Be safe on the roads and always remember we are the number one choice of legal expertise for criminal defense.

In February 2018, Pennsylvania residents were able to obtain medicinal marijuana. However, there is still some question whether legally obtained medical marijuana poses some risk for those that are driving while under the influence of marijuana. There is certainly some agreement that one shouldn’t drive a motor vehicle while under the influence or while impaired by the drug. Since that is the case, one might be facing a DUI charge.

Did you know that Pennsylvania laws actually prohibit a person from having what is known as a level of metabolites in their system, which is drug residue in the body? If you or someone you know ingests marijuana, they will have metabolites in their body for days, weeks and even months thereafter. Overall, if you’re driving with marijuana metabolites in your system, you are in jeopardy of being charged with a DUI if the arresting police officer finds you ‘stoned’ while operating a motor vehicle.

Most DUI investigations start with the police conducting a traffic stop for a minor violation, such as speeding, failing to use a turn signal, or even coasting through a stop sign, all relatively minor violations.  In many cases, while interacting with the driver, the police develop or notice evidence of driving under the influence, such as the odor of alcohol or marijuana, and the traffic stop then becomes a DUI investigation.  In most drunk driving cases, the police administer field sobriety tests or breath tests. The police are legally permitted to arrest a person and invoke the Implied Consent law if the police have probable cause to believe that the person is violating the Pennsylvania DUI law. Pennsylvania law prohibits a person from having marijuana metabolites in the body while the person is driving, the police would arguably have probable cause to arrest if the police were aware that the driver had a medical marijuana card.  The police may also question the driver about marijuana consumption.  If the driver admits to having ingested or taken marijuana, the driver is thereby giving the officer probable cause to believe that the officer will find marijuana metabolites in the driver’s blood.

While the use of marijuana for medicinal purposes is now legal, the Pennsylvania DUI law still prohibits those people from driving with marijuana metabolites in the body.

The laws are still relatively new and we keep up-to-date on ensuring your driving privileges remain in-tact. We have shared articles in the past about the Philly DA’s Office saying they won’t prosecute cannabis users for DUI unless they are actually stoned but what about in Montgomery county where our offices are located?

To stay abreast of the ever-changing laws, add us to your contacts and feel free to contact us directly via email at elg@paduilawyer.com. We’re happy to answer any questions you may have. If you’ve been arrested under these circumstances, now is an even better time to get in touch. Call any time during normal business hours: 215.542.9333.

In the event you get a DUI/DWI you may be wondering, should you get an Attorney?  The definitive answer is YES. And here’s why!

Trying to handle your DUI case without an attorney is generally a bad idea. A DUI is a criminal offense that carries serious consequences. Even a first conviction can lead to jail time, expensive fines, and license suspension. And aggravating factors — like prior convictions, a high blood alcohol concentration (BAC), or an accident — can increase the already-severe penalties.

Also, DUI law is complicated and constantly changing. It’s easy to get tripped up in the legal nuances or misinterpret the law altogether. We focus on and stay current of recent changes in DUI law, and will likely increase the chances for you of receiving a favorable outcome.

We recognize that hiring an attorney certainly involves spending money. But in many cases, it’s well worth the investment. Our testimonials from clients and even other lawyer’s endorsements, can support this claim.

We’ve written before about hiring a Lawyer but you may read more here from one of our posts entitled: What To Look For When Hiring An Attorney.

Start protecting your driving privileges today and Contact me, Ed Guyer at 215.542.9333 or email us at elg@paduilawyer.com for more information.

It’s never easy to pick an attorney and mostly they come via referrals. But what if that isn’t a resource for you? Here’s what you probably do. You go on the Internet and do a Google Search based on your keywords. That’s fine. Then you research and review their websites. Here, we want to help take some of the guesswork out and we’ve created 4 Simple things to look for when hiring an attorney. To begin:

• Experience– While this may seem like a no brainer when hiring an attorney, very few people look at the level of experience that someone may have when they hire their lawyer. As of late, the website is a good sign of success. Is the messaging clear? Does it describe who the person or practice is? What about their staff? Is their history identified on the site? What about images or videos that show their level of knowledge and experience? Do they have an abundance of social media, or are they more focused on their practice and their clients? Maybe a little bit of both. We feel that people should feel comfortable when viewing our site than worrying about how much social media we post. We’re a focused legal practice as it should be!
  

• Education– Where did they attend school and when? Are you comfortable hiring someone that just graduated from a high-end University or one that graduated from a similar law school but also has decades of experience in the field? At the Law Offices of Ed Guyer, we have over 30-years’ experience practicing law, and we primarily focus on DUI and DWI cases. So much, other attorney’s come to us for guidance and assistance. We work with the DMV and help you do the same. Once you get a DUI, you might think you’re going to jail. Relax, we often have ways to put your mind at ease. There are other options available. 
  

• Skill Set– The word specialist isn’t used in the legal world. That might seem odd because theoretically, people view a divorce attorney as a specialist. That may be their primary focus and best to hire someone that has the known and recognized skill set for what your needs are. If you are a white-collar crime criminal, the options may be vast. However, if you get a DUI you might want to focus on someone that not only understands the DUI laws for your County and State but one that also puts their energy into this particular practice. At the Law Offices of Ed Guyer, we don’t suggest you shouldn’t hire a reputable attorney that you’re comfortable with, but we do know our focus on DUI that can make a difference in your case. We also know the Montgomery County (and surrounding counties) court systems and cross paths with prosecutors, police officers and judges all the time. This has no bearing on the outcome of your case, but it does help that they aren’t strangers.
  

• Reputation– Testimonials are an essential part of anyone’s reputation, but often people are hard-pressed to write a testimonial with their name, which lacks credibility. Focus less on personal testimonies and see if they have experience working and helping or assisting other attorneys. Are you getting educated when reading news and information on the website? Find trust with us online, then a phone call, then an in-person meeting then onward.

We hope this helps you make some more educated decisions when choosing an attorney. Whether it’s us or not, we want you to be protected. That’s because we stand behind the mission statement of, We Care About Our Clients. You should care about the attorney you hire!

Lastly: Add us to your contacts: 215.542.9333 or email elg@edguyerlawyer.com. Because when you’re drinking, you’re not thinking – So don’t wait until it’s too late.

What is an Ignition Interlock Device?

An ignition interlock device or breath alcohol ignition interlock device (IID or BAIID) is a breathalyzer for an individual’s vehicle. It requires the driver to blow into a mouthpiece on the device before starting or continuing to operate the vehicle. If the resultant breath-alcohol concentration analyzed result is greater than the programmed blood alcohol concentration the device prevents the engine from being started. The interlock device is located inside the vehicle, near the driver’s seat, and is directly connected to the engine’s ignition system.

Pennsylvania State law makes the Ignition Interlock requirement mandatory for first-time and repeat DUI offenders with high blood alcohol levels and for individuals who receive an operating privilege suspension as a result of a chemical test refusal violation. An individual with an Ignition Interlock requirement who seeks a restoration of operating privileges, is required, as a condition of issuing a restricted license, to either have any motor vehicle to be operated equipped with an Ignition Interlock system and remain so for the duration of the restricted license period or, if there are no motor vehicles owned, registered, or to be operated, so certify in accordance with PennDOT’s regulations.

How Does it work?

An ignition interlock interrupts the signal from the ignition to the starter until a valid breath sample is provided that meets maximal alcohol guidelines. At that point, the vehicle can be started as normal. At random times after the engine has been started, the IID will require another breath sample, referred to as a rolling retest. The purpose of the rolling retest is to prevent someone other than the driver from providing a breath sample. If the breath sample isn’t provided, or the sample exceeds the ignition interlock’s preset blood alcohol level, the device will log the event, warn the driver, and then start up an alarm. until the ignition is turned off, or a clean breath sample has been provided. A common misconception is that interlock devices will simply turn off the engine if alcohol is detected; this would, however, create an unsafe driving situation and expose interlock manufacturers to considerable liability. Ignition interlock devices do not have an automatic engine shut off feature.

When is Ignition Interlock required?

An Ignition Interlock requirement is imposed when an individual violates 75 Pa.C.S. Section 3802 (relating to driving under the influence of alcohol or controlled substance) and receives an operating privilege suspension, or has had their operating privilege suspended under 75 Pa.C.S. Section 1547 (relating to chemical testing to determine amount of alcohol or controlled substance) or 75 Pa.C.S. Section 3808(c)(relating to illegally operating a motor vehicle not equipped with Ignition Interlock). An individual who receives an operating privilege suspension as a result of Accelerated Rehabilitative Disposition acceptance for a first offense violation of 75 Pa.C.S. Section 3802 (relating to driving under the influence of alcohol or controlled substance) will not have an Ignition Interlock requirement.

How much does the Ignition Interlock System cost?

Cost may vary depending on the Ignition Interlock vendor chosen. An Ignition Interlock system is leased from the Ignition Interlock vendor. Currently, the average costs associated with leasing an Ignition Interlock system is between $900 to $1,300 per year. The individual required to have the Ignition Interlock system is responsible for all costs.

How long must the ignition interlock system be on the vehicle?

An individual is required to drive with an Ignition Interlock system for one year from the date their operating privilege is restored. However, a first offense conviction of violating 75 Pa.C.S. Section 3808(a)(relating to illegally operating a motor vehicle not equipped with Ignition Interlock) or 3808(b)(relating to tampering with an Ignition Interlock system) will cause the Ignition Interlock period to be extended for one year from the date of the conviction.

Who approves the ignition interlock devices?

PennDOT is responsible for publishing a list of approved Ignition Interlock systems. The list of approved systems is published in the Pennsylvania Bulletin. IGNITION INTERLOCK“THE LAW”

At The Law Office of Ed Guyer, we take your case seriously. We hope we’ve educated you about option you might have to restore your driving privileges. Just don’t go it alone. We’ve got your back and hope to hear from you soon. 215.541.9333, elg@edguyerlaw.com

Source: https://www.dot.state.pa.us/Public/DVSPubsForms/BDL/BDL%20Fact%20Sheets/fs-iitl.pdf

Image Source: https://www.lifesafer.com/blog/ignition-interlock-camera-spying/

The unofficial beginning of summer starts Memorial Day weekend. It’s a commemorative and lovely holiday. Three days off thanks to the recognition of those that fought for our Country. Banks, the government and most offices are closed on Monday. Some people have the luxury of starting early. They take their PTO (Paid Time Off) a few days before the close of business on Friday.

Let’s create a scenario you may have experienced or find yourself in from this story.

You and your co-workers or friends decide to go out for a drink after work. You leave the office, get in your car sober and so do they with plans to hit up the favorite local restaurant. It’s a beautiful day, and you all choose to sit on the outdoor patio. Your server approaches you and the first round of drinks are ordered. Maybe it’s a nice cold glass of white wine or soothing red wine. Not a wine drinker? That’s fine. Have a beer, martini, cosmopolitan, let’s call it a mixed drink. Often provided at the time you sit down are menus placed in front of you all. But the adult beverages always come first by your server, and menus are left for you all to peruse for nibbles or light bites. Chitter chatter begins, and no one has yet decided on a bite to eat. We’ll even bet it’s likely you also have that drink on an empty stomach at 5:30 pm or earlier. After the first few sips, you start to feel a lightness and comfortability in your body — a warmth of calmness. When the server returns, you all order yet another round plus maybe the flatbread pizza, sashimi tuna platter or something light because you’re also watching your weight. And you’re sharing.

An hour has gone by, and you’re about two drinks in and maybe a forkful or two of the delicious food you’re enjoying. Watching the clock, you know you need to get home to the kids. Not married or no children? Doesn’t matter, you leave eventually. Let’s guess it’s about 2 hours and you’ve had how many drinks? Two or three? Maybe more. But you feel and believe you are fine. Afterall, you did eat some appetizers or shared a pizza.

In truth, you are going home in your car. You will be driving because you don’t feel drunk. But did you know it’s possible you’re also not sober in the eyes of the law? Does a rational thought come to mind, or are you even considering your BAC? Do you know what BAC is?

First and foremost, you must understand the acronym of BAC. It is the Blood Alcohol Concentration or Content in your body taken by a police officer that may find you impaired while operating a motor vehicle. BAC is the metric used to measure the amount of alcohol intoxication for legal or medical purposes in the United States. BAC is expressed as a percentage of alcohol in the blood. We won’t even discuss if you’re taking any controlled substances or something as simple as an anti-depressant — a mood stabilizer. What about medical marijuana?

Here’s the deal, in the state of PA and across the country, you are DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) with a BAC (Blood Alcohol Content) of a .08. Meaning if stopped and tested, you’re driving under the influence. Bam, it’s a DUI or DWI.  Maybe you get into a car accident that wasn’t even your fault, or you unknowingly drive through a checkpoint, and the police pull you over and ask if you’ve been drinking. You admit yes, you had a couple of drinks. Again, you’re not drunk in your own eyes. But in the eyes of the law, you are intoxicated. WHY? Because you’ve ingested enough alcohol within a specific time frame and during that time your body hasn’t yet metabolized appropriately in your system to bring the BAC level below .08.

The arrest process begins, and you are panicked. What do you do and what are you thinking? First, you figure you’re going to lose your driver’s license. You think about your job and your family. It’s hard to think clearly when you feel out of control. An arrest is out of control. To make matters even more complicated, this is your first offense. What are the laws so you’re protected?

That’s an excellent question and why we wrote this short story, a familiar story. We’ve heard it countless times. While we don’t condone drinking and driving at the Law Offices of Edwin L. Guyer, we also know the law that is established for both you and the protection of others.

We’re going to make a few suggestions.

1. Don’t wait until it’s too late. Put our contact information into your phone right now. That’s right, add Ed Guyer Law, DUI, 215.542.9333
2. Keep reading our more info page on the DUI and arrest process
3. Send us your email contact information from our home page www.edguyerlawyer.com and we’ll send you updates when we post new information.

Please enjoy your Holiday this weekend and be safe. But know this: We can help you should you find yourself in an uncomfortable albeit sticky legal situation. We’ve helped many others and know with the right attorney and exceptional staff involved; our offices can help to mitigate the penalties. Ed Guyer has over 30 years of experience in this industry. Turn to the attorney with the knowledge you need to protect your driving privilege’s now or in the future. If you don’t consume alcohol follow our guidelines anyway for someone else that does.

Refusal to take a chemical test following a traffic stop for suspicion of drunk driving can have serious consequences.

The law says that if you have been driving, you have given implied consent to take a breath test to test your blood alcohol level (BAC). At The Law Offices of Edwin L. Guyer, we stand up to protect clients charged with offenses involving implied consent/test refusal. These charges can result in the loss of your license, fines, and jail time – serious charges that require a serious defense. Edwin L. Guyer has many years of experience providing aggressive drunk driving defense and positive drug test defense that attacks the very idea that there is a presumption of guilt by refusal.

We believe that a police officer should need more than a hunch that there is cause to test you for DUI, or to search your car for a controlled substance. We will work hard to make the state prove that the police officers acted legally – and we will use all of our experience to identify and exploit weaknesses in their case. Under U.S. law, you are innocent until proven guilty. Let us help you protect your rights.

If you have been charged with a crime involving refusal to take a chemical or alcohol test, contact the Law Offices of Edwin L. Guyer right away. Put us at your side before you say another word, or take another test.

Consider the following when choosing an attorney to represent you. Finding an experienced and reputable attorney in a DUI case can be an extensive and trying process.

• Review American Bar Association Journal articles for DUI specialization.
• Do the quoted fees include DMV hearing, expert fees, blood reanalysis, trial, etc.?
• Does the attorney have an Approved Board Certification (ABA) from the National College for DUI Defense?
• Avoid attorneys who make promises of results. Ask for a written contract for all charges and services.
• Ask an officer who they would select if arrested for DUI.

What will it cost to retain a DUI attorney to defend me?

DUI attorney fees will vary depending on several factors including but not limited to: reputation, experience, specialization, accident/injuries, speeding, children in car, blood-alcohol level, test refusal, prior criminal record, and more.

Make sure to consider the experience and reputation of the attorney as well as their ability to expose weaknesses in prosecution cases.

Beware of Low Charging Attorneys

Low fees do not justify the time, attention, and the court appearance, necessary to achieve a favorable result. These same attorneys may try to handle cases by phone. Which is an ineffective, and nearly impossible, approach to defend against a suspension. Watch out for attorneys that are inexperienced, have a poor reputation, or inability to specialize in this complex field.

Always ask to meet your attorney in person. Be sure to demand reliable information. Ask to view their defense experience and their credentials such as where they practiced law and their graduation dates and certificates. A clear indicator of lack of credentials or experience is if this information is not readily available on the firm’s website.

Avoid attorneys who:

1. Have graduated from unaccredited colleges and law schools
2. Have little experience as an attorney or in the DUI field
3. Attempt to represent clients charged with a wide range of criminal offenses rather than focusing on DUI defense
4. Pay for advertising on radio, TV, in newspapers or via mail (so-called “jail mail”)
5. Claim high “win rates” in court or at DMV hearings
6. Make promises as to results and falsely advertise themselves to be authors of DUI defense books that are, in fact, self-published for advertising purposes only

At the Guyer Law Offices our fees do not include any hidden charges. We accept credit cards and offer payment plans. We pride ourselves in offering the highest quality representation at a competitive cost. We look forward to helping you. Feel free to contact us at any time to discuss fees without any obligation or cost.

PennDOT maintains a driving record for every licensed driver in Pennsylvania.

OVERVIEW
Points are added to a driving record when a driver is found guilty of certain driving (moving) violations.

The purpose of the point system is to help to improve driving habits and to ensure safe driving. PennDOT begins to take corrective action when a driving record reaches 6 or more points.

Criminal law is the body of law that relates to so-called “public wrongs.” Criminal law does not concern itself with disputes between individuals but also to offenses against the public order.

OVERVIEW
The federal government, along with cities and states, define and prosecute people who commit crimes that range from minor traffic violations to serious, violent offenses, like rape or murder.

People who are charged with a crime are called defendants, and they are represented by criminal defense attorneys. The governmental body that pursues the charges against the defendant is represented by a lawyer called a prosecutor. If you find yourself charged with a crime, you should contact an experienced criminal defense attorney, to protect your rights now and in the future.
Misdemeanor Criminal Defense

Crimes that are regarded as less serious are referred to as misdemeanors. A misdemeanor usually is punishable by a fine or by incarceration in a local jail for a period of less than one year. Prosecutors typically do not convene a grand jury to investigate or issue indictments for misdemeanor charges, although the same conduct may give rise to both felony and misdemeanor charges. Misdemeanors are usually charged by a written complaint, or “information.” In some states, poor defendants are not entitled to a court-appointed attorney when charged only with a misdemeanor. The charges may be considered minor, but being accused of a misdemeanor — not to mention being convicted of one — can cause a major disruption in the life of an accused. As in any criminal case, it is essential that a defendant in a misdemeanor prosecution have zealous representation backing him or her up. A person accused of a misdemeanor should seek the help of a criminal defense attorney.

Felony Defense

The most serious types of crimes are referred to as felonies. The usual definition is that a felony is any crime that may be punished by more than a year’s imprisonment or death. A crime that has a maximum sentence of a monetary fine or a short period of confinement in the local jail is not a felony. A statute may not specifically label an offense as a felony, but the punishment defines the offense as a felony. State criminal codes may call a crime an “aggravated” or a “gross” misdemeanor, but the offense calls for a sentence of more than one year in the state penal system. Those offenses will be treated as felonies. When crimes charged are more serious, the need for a criminal defense attorney to help a defendant through the process becomes even greater.

What to Do if You Are Falsely Accused of a Crime?

Believe it or not, many people who are convicted of a crime and end up in prison were falsely accused. Although the American criminal justice system works in most cases, not all juries get things right and the consequences can be tragic. An innocent person pays the price for something he or she did not do, while the guilty party roams free. The best way to avoid such an unjust result and ensure the proper outcome when faced with criminal accusations is to immediately seek counsel from a criminal defense attorney. A defense lawyer at our firm can help you to navigate through the complex criminal law procedures.

Misdemeanor Criminal Defense

Crimes that are regarded as less serious are referred to as misdemeanors. A misdemeanor usually is punishable by a fine or by incarceration in a local jail for a period of less than one year. Prosecutors typically do not convene a grand jury to investigate or issue indictments for misdemeanor charges, although the same conduct may give rise to both felony and misdemeanor charges. Misdemeanors are usually charged by a written complaint, or “information.” In some states, poor defendants are not entitled to a court-appointed attorney when charged only with a misdemeanor. The charges may be considered minor, but being accused of a misdemeanor — not to mention being convicted of one — can cause a major disruption in the life of an accused. As in any criminal case, it is essential that a defendant in a misdemeanor prosecution have zealous representation backing him or her up. A person accused of a misdemeanor should seek the help of a criminal defense attorney.

Finding a Job After a Criminal Conviction