Spivak Law Firm

Based in Pittsburgh, PA

412-344-4900

Spivak Law Firm is BBB Accredited

Dormont DUI Lawyer

Arrested For Drunk Driving?

If you’ve been arrested for drunk driving, an experienced DUI attorney can help by:

  • Determining whether police had the right to pull you over: If police lacked sufficient evidence to pull you over, then it may be considered an illegal stop rendering evidence inadmissible in court.
  • Analyzing the chemical testing procedures: Breathalyzers, for instance, can produce inaccurate results if not properly calibrated.
  • Assessing why you exhibited traits of a drunk driver: For example, your eyes may have been bloodshot due to fatigue or allergies.

Based in Pittsburgh, Spivak Law Firm handles all areas of criminal defense, including: DUI, domestic violence charges such as assault, harassment, and terroristic threats, and all preliminary hearings and summary trials. We also help people to expunge their criminal records so they can move on with their lives.

To speak with an experienced criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

DUI: Voluntary Consent

 

DUI Pic5Law enforcement cannot conduct a blood draw during a DUI arrest without a warrant or voluntary consent, according to a recent opinion by the U.S. Supreme Court.

DUI offenders previously charged with the highest level of impairment for contesting a blood draw may now potentially be charged and sentenced at the lowest level of impairment.

This is a major development, particularly because of mandatory sentencing laws. For instance, in Pennsylvania if you were charged with a second DUI at the highest level of impairment, you faced 90 days incarceration at the minimum. But charged at the lowest level of impairment, you face a minimum of five days incarceration.

To speak with a Pittsburgh DUI and criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

DUI Law: Blood Tests

 

200274121-001The U.S. Supreme Court in Birchfield v. North Dakota recently declared warrantless blood draws made during DUI arrests unconstitutional. The Court reasoned that a blood draw poses substantial privacy concerns because a blood test reveals more about a person than simply blood alcohol levels.

However, because of the less intrusive nature of breath tests, warrantless breathalyzer tests are still permissible.

Prior to Birchfield, defendants who refused blood testing were regarded as having the highest level of impairment and faced the most severe penalties associated with a DUI offense. But now DUI offenders who previously refused blood testing may now be charged and sentenced as having the lowest level of impairment.

To speak with a Pittsburgh DUI and criminal defense lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

DUI and Driver’s License Suspension

200274121-001If you’re pulled over for drunk driving, you may decline to take the roadside sobriety tests. That’s right, you don’t have to stand on one foot or touch your finger to your nose.

But you should take a Breathalyzer or blood test, and here’s why:

Under Pennsylvania laws, refusal to submit to chemical testing will result in suspension of your driver’s license.

So even if you weren’t drinking and you beat the rap on the DUI, you still could lose your driving privileges for a year for refusing to take the chemical test.

To speak with an experienced DUI attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

3 Types of Bail in Pennsylvania

139378055Bail is typically set shortly after a defendant’s arrest. In Pennsylvania, courts may not use bail as punishment. Rather, bail is security used to guarantee a person’s appearance in criminal court. There are three types of bail:

(1)  Cash Bail

Cash bail requires the posting of the full amount of the face value of the bond. So, for example, a $5,000 cash bond requires the posting of $5,000.

(2)  Percentage Cash Bail

This form of bail requires the deposit of 10 percent of the face amount of the bond. For instance, a $5,000 percentage cash bond requires the posting of $500.

(3)  R.O.R.

R.O.R., which stands for Release on Own Recognizance, is when a person is released without having to put up any cash in order to guarantee their appearance in court.

You can post bail by cash, real property, private bondsman, or professional surety company. To speak with a Pittsburgh criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

DUI Penalties in Pennsylvania Prove Costly

200274139-001DUI penalties include Alcohol Highway Safety School classes designed to educate participants on the consequences of driving while intoxicated – including the safety, legal, physical, and economic costs of that decision. The goals for the participants of these mandatory classes include:

  • Understanding the relationship between substance use and highway safety
  • Recognizing that driving, after using substances, is dangerous behavior
  • Recognizing the broader implications of a DUI arrest in relation to family, job and friends
  • Identifying realistic strategies to avoid future DUI behavior
  • Learning how and where to obtain help for substance abuse problems

In one exercise, participants complete a worksheet assessing the total cost (not only fines and program fees, but also medical, court, time and other related costs) of their DUI. Estimates ranged from the low five-figures to the mid six-figures, the latter involving hospital costs from injuries sustained during a DUI-related incident.

To schedule an appointment with a Pittsburgh DUI attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.