Drunk Under the Influence / Criminal Defense In 2004, Pennsylvania’s driving under the influence statute underwent major changes, as the legislature mandated stricter mandatory penalties for driving under the influence of alcohol or drugs. For example, under Pennsylvania’s three-tiered DUI statute, such factors as the extent to which your blood alcohol level exceeds the legal limit; whether drugs are in your system, whether there was an accident involving personal injury or property damage, or whether you refused to take a blood alcohol test will enhance the mandatory jail time and fines one may face upon conviction. A blood alcohol level of 0.08% or higher (adults) or 0.02% or higher (minors) is the legal limit in the Commonwealth of Pennsylvania. In Pennsylvania, as in most states, if you are pulled over by police in a traffic stop, under Pennsylvania law, you are required to submit to a blood alcohol test of your breath or blood. If you refuse to take such a test, in addition to still being prosecuted for drunk driving, your driver’s license will be suspended by the Pennsylvania Department of Transportation for at least 12 months, and potentially longer. At Michael W. Nalli, P.C., we bring over six years of experience in handling DUI cases in Beaver County. In the unfortunate event that you or a loved one is arrested and charged with Driving under the Influence, or another severe traffic offense, we can provide competent and common-sense counsel to you or your loved one in this difficult period.   The Process Extensive initial interview with the client as well as review the police criminal complaint. Appear at Preliminary Hearing with client to discuss with the police and the District Attorney’s Office your case as well as review important documents contained within police officer’s file such as blood alcohol results, your certified driving record, police reports, and witness statements, if any. Determine whether to request a preliminary hearing or a waiver of a preliminary hearing and resolution of your case based on the unique facts of your case. If your case does not resolve, obtain entire copy of police officer’s file and determine if arrest or traffic stop were improper, and if necessary, file documents with the court attempting to suppress any evidence against you if arrest or traffic stop were improper. If necessary, prepare your case for trial.

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