Jason S Dunkle’s Answers

Prior DUI convictions offenses can be considered by the prosecution in determining how to resolve your current DUI charge. The current DUI law imposes mandatory minimum sentences, and the number of prior offenses that occurred within the prior 10 years is a critical factor in determining what mandatory minimums are applicable. As your DUI charge was resolved more than 10 years ago, it would NOT be considered a "prior offense" for mandatory minimum purposes. This means that your current...

As an attorney has already reviewed the facts of the case and read through the paperwork, it is better to direct your questions to him/her as they are in the best position to answer your questions. You are giving us the facts from your perspective, but an attorney also wants to know what the officers are saying transpired. I recommend that you direct your questions to your public defender as he has the most information about your case. Jason S. Dunkle, Esquire D & H Law Group, P.C. State...

There is a PA Supreme Court case that held that you cannot be convicted on the odor of alcohol on breath alone, so, based upon your submission, you should win. However, it is extremely rare that the officer shows up and limits testimony to the odor. Officers routinely testify as to other intoxication indicators, such as blood shot eyes, slurred speech, and difficulty standing. Those additional "intoxication indicators" act as circumstantial evidence that you had been drinking and would be...

I presume that you are referring to a background check as opposed to a fingerprint check as I have never heard of an employer searching via fingerprints. If they did search via fingerprints, fingerprints are retained by the PA State Police Central Repository, and the Repository should have been included in the expungement order that would have been submitted years ago in your case. If your expungement has been completed and completed completely, the government records of your case should have...

As a first time offender, the officer may be willing to negotiate a resolution that would result in the dismissal of both charges. For example, on the Public Drunkenness (PD) charge, the officer may agree to have the judge dismiss the charge if you complete community service and pay the court costs. If you are able to have the PD charge dismissed, then you become eligible to participate in the first time offender program for Underage Drinking, which is called the Youthful Offender Program....

I would recommend pleading not guilty and contacting an attorney in Washington, such as Attorney David DiCarlo. Police do NOT have to breathalyze you to have sufficient evidence to prove you guilty beyond a reasonable doubt. You can review more information about that issue by clicking a link below. Arguments can be made to try and obtain a favorable verdict for you, but you need to discuss the facts of your case with attorney so he can access those which arguments would work. For example,...

This is normal procedure in PA. The police are probably waiting on the results from the blood test to determine your actual blood alcohol level, and the police would then file charges accordingly. The charges are generally mailed to you, and you are then scheduled to appear for a preliminary hearing. Your driving privileges are valid and will remain valid until something happens with your case. Driving privileges may be suspended in the future if you accept ARD, plead guilty or are...

A prior DUI conviction can always have an effect on your current DUI case. The "look back window" in Pennsylvania for prior offenses is 10 years, but this simply means that prior DUI convictions or ARD dispositions will count as a prior offense and thereby subject you to increased mandatory minimum penalties. While your current offense may be deemed a "first offense", the DUI from 12 years ago can still be considered by the DA in determining how to handle your current case. For example, some...

I tell many of my clients that there is not a lot of fairness or "justice" that emanates from the criminal "justice" system. Recent case law in PA has held that the DA makes the ARD decision. While you are "eligible" under the law, whether or not you get ARD is still up to the DA, not a judge. The DA's decision can only be overruled by a judge if the decision is made for some improper reason, such as race, ethnicity, or some other typical form of bias. If you are only being denied because...

I always recommend that you get a lawyer. Otherwise, you are going to be taking advise from the officer or the DA, which are the people that are responsible for prosecuting the case. If the officer made a mistake with the case that could lead to the dismissal of the charges, do you really think that either the officer or the DA is going to tell you. An attorney is your advocate, so his/her role is to get the best possible resolution for you. Most criminal defense lawyers offer free...