The Philadelphia DUI Law Blog

Understanding DUI / Research in Philadelphia

Who exactly are drug recognition experts and what are their duties? Are mobile apps that warn you about DUI checkpoint locations legal? Do you have the right to refuse a breathalyzer test ? And just how reliable and accurate are those field sobriety tests, anyway? These are important questions that confused and scared defendants charged with DUIs often have to face. Understanding DUI laws will help prepare you in the event that you are pulled over on suspicion of driving under the influence. Keeping up-to-date on the latest DUI research and understanding how impairment affects your driving may also save your life.

Knowledge is power, but if you have been charged with a DUI, it’s also a good strategy to consult a Philadelphia DUI attorney about your case. Lawyers often provide free consultation before committing to a lawyer-client relationship.


Recently in Understanding DUI / Research in Philadelphia:

Nationwide Cell Phone Ban While Driving Considered

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We’ve written before about high blood alcohol content DUIs, aggravated DUIs, and other distracted driving related to drug and alcohol use. However, we’ve written very little about what the National Transportation Safety Board (NTSB) considers the “new DUI,” driving while distracted by cell phones and smart phones.

Now, in a sweeping proposal, the NTSB is urging all states to consider a nationwide cell phone ban while driving, including a ban on the use of hands free devices. The ban would outlaw both talking on cell phones and text messaging while driving, though it would still allow drivers to use devices integrated to their vehicles, reports CNN.

What are Field Sobriety Tests?

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You may have read about a DUI arrest where someone was taken in after a failed field sobriety test. So, you may be wondering just what is a field sobriety test?

A field sobriety test is usually given to a driver after a traffic stop when the police officer suspects that the driver may be under the influence of drugs or alcohol. The field sobriety test allows the officer to observe the suspect’s balance, physical ability, and other factors before moving ahead with a Breathalyzer test and possible arrest.

DUI Arrests In Pennsylvania Up For Ninth Year In A Row

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Pennsylvania State Police announced that the number of DUI arrests carried out by state officials were up in 2010 for the ninth consecutive time, according to the Philadelphia Inquirer. State officials made 17,695 DUI arrests last year, revealing a 5 percent jump from the number of arrests in 2009.

State police said they have boosted enforcement efforts with more roving patrols and checkpoints and have also received better training in identifying drivers impaired by alcohol or drugs, which may have all contributed to the increase in arrests.

“Like anything else, the more you look, the more you find,” said state police spokesperson Jack J. Lewis.

The Pennsylvania State Police recently issued a news release stating that the International Association of Chiefs of Police has certified five municipal police officers and 11 state troopers as drug recognition experts, or DREs.

PA State Police acting Commissioner Frank Noonan said the certification also reflects the state’s most recent efforts to promote highway safety and fight impaired driving with the development of the Drug Evaluation Classification Program. From the time the program began in 2004, Pennsylvania has certified 22 municipal police officials and 70 state troopers as DREs.

Do Mobile Apps Like PhantomAlert Encourage Drunk Driving?

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Many Philadelphia residents may have heard of the popular mobile application known as PhantomAlert, which has over 1 million subscribers in both the United States and Canada. The app tracks and warns drivers about the locations of DUI checkpoints, red light and speed cameras, potholes, and other traffic problems.

Many drivers consider the app as an incredibly useful tool, but PhantomAlert developer Joe Scott said four U.S. senators have condemned apps like his, saying they only encourage "people to drink and drive and evade detection." According to Investor's Business Daily, Senators Harry Reid, Charles Schumer, Frank Lautenberg, and Mark Udall have asked Research in Motion (RIM), Apple, and Google to remove PhantomAlert from its stores.

More DUI Crashes In PA Involve Drunk Motorcyclists

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As some Philadelphia locals may know, DUI-related accidents and fatalities can often involve and affect more than just those who drive a car. A 2009 report from PennDOT revealed that 11 percent of motorcyclists involved in a vehicle accident have consumed alcohol at the time of an accident, whereas only 6.8 percent of drivers of all other types of vehicles have been involved in an alcohol-related crash.

According to the Pittsburg Tribune-Review, the data shows that 2009 was at least the 14th consecutive year where the percentage of drunken motorcyclists is greater than that of other motorists. PennDOT's spokesperson Danielle Klinger pointed out that DUI is an even bigger factor "among older riders on cruiser bikes."

DUI Treatment Courts In PA Help Rehabilitate Offenders

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Many local governments in Pennsylvania are exploring alternatives to imprisonment for DUI offenders, considering the state’s prisons, including those in Philadelphia, are filled with over 51,000 people. Lycoming County, for instance, introduced an Adult Treatment Court in 1998 and expanded the program to create a DUI Treatment Court in 2005.

According to the Williamsport-Sun Gazette, Maryland’s Glacier Consulting evaluated the two programs in Lycoming for two years and found that they saved the county more than $24 million since the time they began. The company also noted that the programs were successful in retaining participants and reducing the number of people committing new offenses.

BeMyDD Offers Designated Drivers To Help Limit Drunk Driving

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Some Philadelphia residents may choose to grab a taxi in the event they are drunk and without a designated driver, but business partners Arthur Simanovsky and Alexa Milkovich have developed an innovative designated driver service that has expanded in 21 cities across the country and aims to keep drunk drivers off the road.

According to Family Car Guide, Simanovsky and Milkovich have created a chauffeur service in Cleveland known as Be My Designated Driver, or BeMyDD. The operation differs from a taxi service in that it functions more similarly to a chauffeur-driven limousine, which usually takes people to and from particular celebrations, like a high school prom or a wedding.

DUI Sentencing Alternative For First Time Offenders: ARD

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While some Philadelphians might mistakenly classify a DUI charge or conviction as something relatively minor, many people may not realize that a DUI-related offense can actually have an immensely negative impact on an individual’s reputation and current or future employment.

Even first time DUI convictions in Philadelphia and the rest of Pennsylvania can lead to severe punishment depending on the person’s level of impairment. These penalties can include probation, significant fines, a revoked driver’s license, DUI school, and prison time. But according to PR-USA, some first-time offenders may be eligible for a sentencing alternative or special diversion program known as the Accelerated Rehabilitation Disposition (ARD) program.

Study On Ignition Interlocks Show Fewer Re-arrests For DUI

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A new study by researchers at the Community Guide branch of the Centers for Disease Control and Prevention (CDC) showed that ignition interlocks helped people convicted of DUI avoid getting arrested again. The study also revealed that the re-arrest rates for drunken driving fell 67 percent after the installation of an interlock device in comparison to drivers who only had their license suspended.

Ignition interlocks are often used to prevent drivers with previous convictions from impaired driving in Pennsylvania, according to Reuters. The devices are often placed on the dashboard of a car and have a tube for the driver to blow into, which measures the amount of alcohol in their breath. If the driver has a blood-alcohol content (BAC) level above 0.08 percent, the car won't start.