HOWLAND, HESS, GUINAN, TORPEY, CASSIDY, O'CONNELL & BIRNBAUM, LLP
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Drunk Driving/D.U.I. Defense: Little Known Facts about DUI

I.    Actual Control of Vehicle
A vehicle does not need to be moving in order for you to be charged with a DUI. If an officer alleges you were in control of a vehicle while under the influence of alcohol, you can still be charged even if the car is motionless. In determining when a person has actual physical control over the vehicle, Pennsylvania courts look at where the person is seated in the vehicle, and whether the automobile engine is running. 

II.    Any Motor Vehicle
DUI arrests are not limited for those individuals driving automobiles. You can be charged with a DUI for operating any type of motor vehicle. In Pennsylvania, cars, trucks, motorcycles, dirt bikes on the road, trikes, mopeds, and scooters are all considered vehicles. Even a bicycle may be considered a vehicle when it is on the road for DUI purposes.

III.    Any street, highway, or private avenue
To be charged with a DUI, operation of a vehicle need not occur on a PUBLIC highway or street. You can be guilty of a DUI operating the vehicle anywhere in the state, including your own driveway or private grounds. 

IV.    Be Respectful, but Silent
During a traffic stop, if an officer of the law asks you whether or not you have been drinking, you should respectfully inform him that you will not answer that question. If you've been drinking on the night in question, a positive answer to the officer's question can be used by a prosecutor in court to prove that you were driving under the influence of alcohol.

V.    Do NOT Refuse Chemical Testing
If requested to give a breath or blood sample, it is almost always your best bet to comply. A refusal to submit to chemical testing empowers the state to automatically suspend your license for one full year, even if you were not drunk and you win your case at trial. 

VI.    You are NOT Legally Required to Perform a Field Sobriety Test.
Unlike chemical testing, there is no automatic penalty for refusing to perform a field test. Therefore, this is another example of when you may want to respectfully refuse to acquiesce to an officer's request. 


Remember, if you are charged with a Drunk Driving/DUI, please contact us online or call us at (215) 947-6240 for a free initial consultation. 
The law office of Howland, Hess, Guinan, Torpey, Cassidy, O'Connell & Birnbaum, LLP is located in Huntingdon Valley, Southeastern Pennsylvania, and serves clients in Bucks County, Chester County, Delaware County, Montgomery County and Philadelphia County, including the towns of: Abington, Ambler, Blue Bell, Cheltenham, Conshohocken, Doylestown, Elkins Park, Glenside, Hatboro, Hilltown, Horsham, Huntingdon Valley, Jenkintown, King of Prussia, Lansdale Springfield, Montgomeryville, New Britain, Norristown, Plymouth Meeting, Upper Dublin, Upper Moreland, Warminster, Warrington and Willow Grove.

The attorneys at Howland, Hess, Guinan, Torpey, Cassidy, O'Connell & Birnbaum, LLP also serve clients throughout Southern New Jersey including Atlantic County, Burlington County, Camden County, Cape May County, Cumberland County, Gloucester County, and Salem County.

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Business & Corporate Law
Commercial Litigation
Construction Law & Litigation​
Criminal Defense
D.U.I.
Elder Law
Estate Administration, Litigation and Will Contests
Family Law
License Suspension
Personal Injury
Real Estate, Zoning & Land Use
Wills & Trusts, Estate & Tax Planning
Worker's Compensation

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David W. Birnbaum
Michael W. Cassidy
Thomas M. Guinan
Bruce D. Hess
John R. Howland
Dennis R. Meakim
George P. O'Connell
Richard I. Torpey
Remembering Robert G. Hess

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Howland, Hess, Guinan, Torpey, Cassidy, O'Connell & Birnbaum, LLP.
2444 Huntingdon Pike
Bethayres, PA 19006

Phone: 215-947-6240
Fax: 215-947-6254

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