In 2016, the United States Supreme Court decided Birchfield v. North Dakota, which held that one cannot be punished for refusing to provide a sample of his blood for testing, in the absence of a warrant, and that one cannot be deemed to have voluntarily consented to a blood draw, when threatened with enhanced punishment for refusing to provide such. Pittsburgh DUI Attorney had been advancing this argument since 2014! Commonwealth v. Evans 153 A.3d 323 (Pa. Super. 2016), Commonwealth v. Carley, 2017 WL 147630 and Commonwealth v. Gaetano, 2017 WL 1246683 (Pa.Super. 2017) . Pittsburgh DUI Attorney Robert E. Mielnicki has secured acquittals / dismissals / withdrawals of DUI charges for clients in Allegheny County, Armstrong County, Beaver County, Butler County, Clarion County, Lancaster County, Mercer County, Washington County and Venango County. Pittsburgh DUI Attorney Robert E. Mielnicki cannot honestly calculate the number of clients he has represented who were charged with DUI.
The 2004 amendments to Pennsylvania’s DUI Laws provided somewhat more lenient treatment for first time offenders. Overall, Pennsylvania’s new DUI Laws provided harsher penalties for all but first time offenders and made it much tougher for a person charged with DUI to win their case. For instance, the Commonwealth no longer has to prove that a person’s blood alcohol content was above the legal limit at the time of driving. The Commonwealth merely has to prove that a breath or blood sample obtained within two hours of driving was above the legal limit. For individuals charged with DUI, based upon the ingestion of non-prescribed and some prescribed controlled substances, the Commonwealth does not have to prove that the person’s driving was actually affected by the drugs at the time of driving. Moreover, individuals charged with a first offense do not get a jury trial and only those individuals charged with a second offense whose BAC (blood alcohol content) is alleged to be above .16, are accused of ingesting controlled substances prior to driving or refused chemical testing, get a jury trial. Most successful defenses, but not all, to a DUI charge. after the 2004 amendments, are based on legal arguments (validity of stop, inability to prove the breath or blood sample was obtained within two hours of driving, inaccuracy of breath testing device, validity of warnings provided at the time the breath or blood sample was requested and several others). Attorney Robert E. Mielnicki has taught classes on “DUI Strategies” and is a respected appellate lawyer, having argued before the Pennsylvania Superior Court, Pennsylvania Commonwealth Court, the Pennsylvania Supreme Court and the United States Third Circuit Court of Appeals. He is licensed to practice before the United States Supreme Court.
DUI is a crime and you could retain the services of any criminal defense attorney. A defense attorney with extensive experience in handling DUI cases greatly increases your chances of being found not guilty and/or avoiding jail time. A defense attorney who has familiarized himself with not only the law pertaining to DUI in Pennsylvania, but also with the breath machines utilized to determine blood alcohol content and the requirements the police must follow in utilizing such machines, greatly increases your chance of being found not guilty. An attorney who has knowledge of the procedures that must be followed when the police obtain a blood sample by hospital staff and the labs that eventually conduct the analysis of a blood sample greatly increases your chances of being found not guilty and/or avoiding jail time. An attorney who prides himself in reading the newest appellate court decisions, as they come out, and who has extensive experience before the Pennsylvania Commonwealth Court, the Pennsylvania Superior Court and the Pennsylvania Supreme Court, and thus has a firm understanding of the law, greatly increases your chance of being found not guilty or avoiding jail time. Pittsburgh DUI Attorney Robert E. Mielnicki is such an attorney. Attorney Mielnicki has taught classes on “DUI Strategies” for Lorman Education Services to other attorneys.
Pittsburgh DUI Attorney Robert E. Mielnicki will provide you with a free consultation during which he will provide you with an honest assessment of your chances of winning your case. He will charge you a reasonable fee if you decide to fight the charges and an even more reasonable fee if you decide that you wish to pursue ARD (first time offenders) or pursue a plea agreement such as house arrest if this is not your first offense.
TO SPEAK TO AN ATTORNEY WITH EXTENSIVE EXPERIENCE REPRESENTING INDIVIDUALS CHARGED WITH DUI, WITH A VERIFIABLE RECORD OF SUCCESS, WHO WILL CHARGE YOU A REASONABLE FEE, CALL PITTSBURGH DUI ATTORNEY ROBERT E. MIELNICKI AT 412-288-0300 FOR A FREE CONSULTATION.
DUI Resources – Pennsylvania DUI Penalties
GENERAL IMPAIRMENT PENALTIES (UNDETERMINED BAC, .08 TO .099% BAC)
HIGH BAC PENALTIES (.10 TO .159% BAC), ACCIDENTS
HIGHEST BAC PENALTIES (.16 AND HIGHER) OR CONTROLLED SUBSTANCE
Following the decision of the United States Supreme Court in Birchfield v. North Dakota, it is unlikely that you will be sentenced as a highest tier offender if you refused to provide blood following your arrest.