Teachers charged with DUI / driving under the influence offenses

Driving Under the Influence charges ( DUI ) are one of the most common criminal charges that people face in Pennsylvania and elsewhere. With law enforcement cracking down on DUIs and the prosecutions of these cases becoming more aggressive – it is all the more likely that someone may be unfortunate enough to face DUI charges once in their lifetime.

For some, a DUI conviction leads to only a criminal conviction and driver’s license penalties. For others, it may create professional licensing matters that have the potential to harm their ability to earn a living and continue to work in their field.

West Chester Pennsylvania Criminal Defense - Conspiracy Cases

West Chester Pennsylvania Criminal Defense and Personal Injury Attorney

Teachers are a group who are potentially susceptible to professional discipline for driving under the influence / DUI offenses. If you are a teacher and are charged with DUI it is important to have a criminal defense lawyer who has the knowledge and experience to handle your criminal case in a proper and aggressive manner while also being well versed in the procedures and policies in your case as they relate to your professional license.

Teachers charged with DUI / driving under the influence offenses may have a duty to report their charges, and/or the dispositions of the charges, to their employers. Each case and school district may be different. Further, there are often services and tools that teachers may have at their disposal (and often times they are unaware of) that may further aid them through this process.

Teachers charged with DUI /driving under the influence offenses are often worried and rightfully concerned about their ability to teach being impacted. If you are a teacher who has been charged with a DUI / driving under the influence offense contact Michael D. DiCindio, Esq. at DiCindio Law, LLC today.

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The above listed information does not include the entire crimes code, annotations, amendments or any recent changes to the law that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments or the most complete legal issues for all cases These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. It is intended solely for informational purposes.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer and personal injury attorney who represents individuals accused of crimes or injured by the negligence of others throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale

DUI Refusal Suspensions . . . In addition to the DUI suspension?

West Chester DUI Lawyer

West Chester DUI Attorney Michael D. DiCindio, Esq.

Driving under the Influence (DUI) cases in Pennsylvania carry with them the possibility of harsh mandatory incarceration penalties, mandatory fines, and the added collateral civil consequence of license suspensions. When someone is arrested for DUI and is asked to submit to a chemical test of their blood or breath (which under the law they have “impliedly consented to”) they may choose to refuse chemical testing. In these DUI refusal cases, there is an added collateral consequence of another suspension for “refusing” in addition to the suspension that comes with the DUI conviction. Simply put, in DUI refusal cases, there are two suspensions. Further, the refusal suspension in no way is dependent upon the DUI conviction. Meaning, a person charged with DUI and who refused chemical testing may beat the DUI case by being found not guilty or otherwise, and still suffer a suspension for the refusal of chemical testing.

In these situations it is important to analyze the arguments that someone may have against the DUI charge as well as whether or not the refusal can be separately proven by PennDOT. If there are issues with the refusal, one has the option of appealing the suspension related to it and putting PennDOT to task. Other times, there may be no issue with the refusal, meaning a person may elect not to appeal or challenge the refusal suspension. Every circumstance and situation is different. But it is important for those in this situation to understand that the suspension for refusing chemical testing is not dependent or related to the DUI case.

An experienced DUI attorney should be consulted if you or a loved one is ever charged with a DUI or DUI refusal offense.

 


The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant.  The information provided is for informational purposes only and may not reflect the most current legal developments.  These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  It is intended solely for informational purposes.

Michael DiCindio is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale.

DUI – Implied Consent and Refusals

Chester County DUI Lawyer

Contact West Chester DUI lawyer and Criminal Defense Lawyer Mike DiCindio

           In the Commonwealth of Pennsylvania, as a condition of maintaining a driver’s license, all drivers are subject to the implied consent requirements of the Motor Vehicle Code – thus, a driver must submit to blood and breath tests under appropriate circumstances. Practically speaking, what this means is that by operation of law, a person has already “consented” to a chemical test of his blood or breath by having a license/operating a motor vehicle in the Commonwealth. This becomes important in driving under the influence ( DUI ) cases where one is arrested under suspicion of DUI/DWI. While under the law, there is no right to knowingly consent to blood or breath testing because one has impliedly done so by operating a vehicle or having a license; there is a right to a knowing and conscious refusal. In order to properly inform an accused of these rights, there are warnings that must be given before a refusal can be deemed knowing and conscious. The warnings are meant to provide the accused with the rights that he/she does or does not have before refusing to submit to the chemical test of his/her blood or breath.  Further, they are meant to inform one of what the consequences of the refusal may be. Many times, the circumstances or facts show that the arresting officer did not correctly inform the accused of these warnings.

        When an accused refuses to submit to blood or breath testing, the penalties can be severe. They include added license suspensions and the ability of the Court to sentence as if the individual in a more severe or harsh manner. The issue of whether or not a refusal was knowing and conscious must be analyzed by an experienced criminal defense attorney. Correctly and thoroughly litigating this issue can have a drastic impact on the outcome of a driving under the influence refusal case. Contact DiCindio Law LLC for a free consultation today.

***This blog is made available by the law firm publisher for educational purposes and to provide general information, not to provide specific legal advice.  By reading, you understand that there is no attorney client relationship between you and the publisher. The blog should not be used, nor is it meant to be, as a substitute for competent legal advice from a licensed professional attorney.***