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Author Archives: David R. Eshelman

Will a DUI Conviction in Pennsylvania Affect My Insurance?

You face many serious penalties when convicted of driving under the influence (DUI) in Pennsylvania — including fines, license suspension, alcohol safety school requirements, installation of an ignition interlock device, and jail time. Not surprising, right? But many people are surprised by the effect a DUI conviction can have on the cost of their car […]

Field Sobriety and Breath Tests—What You Need to Know

The enforcement of laws pertaining to driving under the influence of alcohol and driving under the influence of drugs (DUI and DUID, respectively) are based on a scientific urine, breath, or blood test. Field sobriety tests — administered on-site, where the officer has pulled over the motorist — include both physical or cognitive tests, as […]

Repeat Offenders and Drunk Driving Laws

Public acceptance of drunk driving has diminished considerably over the past 20 years, both in Pennsylvania and nationally. One result of this is that repeat offenses, within a period of ten years, bring harsher penalties with each incident. A single infraction, where a motorist is found guilty of driving under the influence (DUI), can yield […]

What Happens if Drunk Driving Caused an Accident?

The way Pennsylvania law treats driving under the influence (DUI) is different when an accident occurred because of the infraction. By different, we mean harsher. For example, on a first offense where the blood alcohol level (BAC) is between .08 and .099 percent, the driver who was apprehended due to simple driving behaviors (such as […]

What is Manslaughter?

Not all cases of homicide rise to the level of murder.  Murder involves premeditated killing and typically results in a mandatory prison sentence.  In legal terms, premeditated thoughts are known as malice aforethought. Sometimes the death of a person actually results from an accident or the reckless conduct of a person with no malice aforethought. […]

What You Need to Know about DUI

When an individual applies for a driver’s license in Pennsylvania, he or she officially consents to alcohol and chemical testing should a law enforcement official ask them to do so. It is part of the legal privilege of driving. If such a test finds that a motorist is over the legal limit of alcohol consumption, […]

Traffic Stops—What Not To Do

Driving while impaired by drugs or alcohol is life-threatening.  The Centers for Disease Control and Prevention (CDC) estimates impaired drivers hit the road 112 million times across the country in 2010, with one in three fatalities influenced by alcohol. If reading this, you might avoid some mistakes if pulled over, or caught up at a […]

Understanding Expungement in Pennsylvania

Mistakes happen. Consequences occur, penalties are paid, and painful incidents retreat into memory.  However, criminal records do not. A criminal record eliminates and stalls opportunities like adoption, housing requests, educational and employment offers.  In this electronic age, information out there stays out there.  In Berks County, and elsewhere in Pennsylvania, we get requests from individuals […]

A Big Difference: Drug Charges in Pennsylvania

If it seems like arrest on criminal charges is more common than it used to be — it is. A 2011 study found roughly 30 percent, almost one-third of Americans, are arrested on charges by age 23 — not including minor traffic violations.  The figure marks a big difference from a similar 1965 study that […]

Walk the Line

Field sobriety tests in Pennsylvania We have all seen comic film versions of a drunk driver unable to touch his nose, or stagger happily down the road under the watchful gaze of law enforcement.  But it is not funny. Standardized Field Sobriety Tests (SFST) were developed by the Southern California Research Institute for the National […]

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