Bucks County criminal courts do not always grant time served for inpatient rehab treatment…

A friendly warning…don’t assume you are going to get “time served” for your Bucks County DUI case if you checked yourself into an inpatient rehab facility. If you are charged with DUI in Pennsylvania, there is a chance you can avoid mandatory jail time if you spend time in an inpatient rehabilitation center.

Time served is a term commonly used in criminal court when a judge will apply time that you previously spent in a rehab center or time that you previously spent in jail to your current jail sentence. Pennsylvania law requires criminal judges to consider time spent in an inpatient rehab center as jail time. “Consider” does not mean “grant” time served!

An inpatient rehab program is a type of rehab program where you stay overnight participating in full-time rehabilitation, classes, counseling, and other recovery activities.

We had a recent case where a client was charged with DUI in Bucks County. She was charged as a first time offender, but was not eligible for the Bucks County first offender’s program known as ARD. She was facing a 72-hour minimum stay in the Bucks County prison. At the time of her Bucks County DUI arrest our client had addiction problems. Her family checked her into a 22-day inpatient rehab program. When she successfully completed the DUI rehab program she, among other things, attended 4-5 Alcoholics Anonymous (AA) classes a week.

Because our client had a prior DUI conviction many years ago, the Bucks County Common Pleas Court judge properly considered the inpatient rehab as time served, but denied her time served…just a little lesson on DUI cases in Bucks County. For this reason and many other reasons, hire a local Bucks County DUI attorney for your Bucks County DUI case.

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MADD and its new DUI curbing efforts

MADD turns 30

Mothers Against Drunk Driving (MADD) has been in operation for 30 years. We, drivers and passengers on U.S. roadways, should not only congratulate them, but perhaps also thank them. They made us aware of the serious dangers of driving under the influence (DUI), as well as the number of innocent victims killed by drunk drivers every day in DUI related car accidents.

Since the group formed in 1980, drunk-driving related fatalities have dropped by over 40%. Even more relevant, between the years 2006 and 2009, car accident deaths associated with drunk driving dropped 20%.

While great success has been achieved in reducing the number of drunk-driving car accidents and fatalities, impaired drivers are still to blame for nearly one-third of all car accident deaths. The Centers for Disease Control and Prevention (CDC) reports that 32 people in the U.S. die every day in car accidents caused by an alcohol-impaired driver. That is over 11,000 drunk-driving fatalities each year.

MADD continues to advocate for the passage of tough drunk driving laws, push for stronger enforcement of existing laws, as well as remind Americans that it is not okay to drink and drive. 

Michael L. Saile, Jr., Esq. of  Saile & Saile LLP is a Bucks County DUI lawyer.  He does not promote driving under the influence or believe it is in any way acceptable behavior.  Mr. Saile's goal is to educate his clients so that they understand the grave consequences of driving under the influence so that they will never drive impaired again.  

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Another horrific Bucks County DUI accident kills two and injures two

This past weekend, a car full load of teenagers were speeding down in Route 1, in Middletown Township, lower Bucks County, PA. Middletown Township police actually clocked the case at speeds of over 90 m.ph. in the posted 55 m.p.h. zone on Route 1. Middletown Township police attempted to stop the vehicle but could not catch up and called off the chase. While exiting Route 1 in Penndel, the vehicle collided with a brick wall of a building. Two passengers were tragically killed and the driver and another passenger are injured. The driver of the vehicle was able to walk out of the car and walk away until police apprehended him.

Police found alcohol, empty bottles, and controlled substances in the vehicle. If the investigating police officers can prove that the driver was driving under the influence (DUI), chances are he will be charged with the death of two and injuring a third person. The jail sentence in these types DUI death cases should be well over two years in a Pennsylvania State Penitentiary. Perhaps the worst sentence will be that the driver will have to live with killing two of his friends and injuring another.

The families of the two fatal victims of this Bucks County DUI accident would have a wrongful death case against the driver, whether he was drunk or not. The other injured person would have a strong Bucks County personal injury case against the driver of the car. Unfortunately, in many of these types of tragic accidents, there is not adequate insurance coverage to cover all injury or wrongful death claims.

The attorneys at Saile & Saile LLP are not currently representing the individuals involved in this accident. The source of this information is from the Bucks County Courier Times. If you have been involved in this incident it is important to contact an experienced Bucks County injury lawyer or DUI lawyer before your rights are compromised.

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Bucks County may own its own DUI testing lab…

The Bucks County Courier Times reports that the new Bucks County District Attorney, David Heckler, has requested and may get his own chemical testing crime lab. The main job of this crime lab would be to test Bucks County DUI defendants for blood alcohol content (BAC) and controlled substances. It has been reported that Bucks County currently pays a private lab about $250,000 a year to test blood samples. The Bucks County District Attorney's new crime lab is estimated to save the County about $90,000 a year when it is up and running. The new crime lab would cost Bucks County about $200,000 to set up.

A DUI suspect may be tested for DUI in Bucks County, Pennsylvania by either supplying a blood sample or by providing a breath sample at the police station. In addition to blood and breath tests, a Bucks County DUI suspect's urine may be tested. The arresting police officer has the option as to which DUI test he or she desires to conduct. Most local police officers and Pennsylvania State Police officers assigned to Bucks County opt to have the DUI suspect give blood and sometimes urine at the closest hospital. The blood and/or urine sample is then taken to the lab for testing.

Should the District Attorney's Office crime lab be trusted to test the 3,500 or so DUI defendants' blood or urine? Should Bucks County DUI suspects' blood only be tested by an independent laboratory? What is independent? If Bucks County pays the independent lab $250,000 a year, is the lab really independent?

As a defense attorney, I would certainly advise my clients that they have the option of having their own blood tested by an independent source. What are your thoughts on this topic?

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PA police will be using Airplanes against speeders…

To help increase safety of all persons on the road and reduce the number of injuries from Pennsylvania car accidents and accident fatalities, PennDOT and the Pennsylvania State Police will be rolling out their Air, Land, and Speed campaign. This campaign will work hand-in-hand with the Click It or Ticket seat belt enforcement program. This dual approach to roadway safety focuses on reminding motorists to drive at safe speeds and to buckle up, two very important factors which aid in avoiding car accident injuries and even death.

The Air, Land, and Speed campaign utilizes aircraft to register motorists' speed. The aerial police then instruct state troopers via radio to make the traffic stop to issue Pennsylvania speeding tickets. Local municipalities will also have police deployed in full force along targeted roadways to further the PA speeding ticket enforcement effort. People who drive carelessly or at excessive speeds often do so because they are driving under the influence (DUI) in Pennsylvania. Car accidents caused by those who drive drunk are often very serious and can cause life altering personal injuries to those unfortunate enough to be a victim of a Pennsylvania drunk driving car accident.

Keep an eye to the skies this weekend, you just may be being watched! If you are charged with a speeding ticket in Bucks County, PA, hire an experienced traffic violation lawyer such as Michael L. Saile, Jr., Esq. Many times we can reduce or eliminate your PennDot driving points.

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Michael L. Saile, Jr. is quoted in major Bucks County newspaper DUI article

This past Sunday, the Bucks County Courier Times ran a series of front section, and even a front page articles written by Ben Finley about DUI arrests in Bucks County, PA. The first (front page) article titled "Drivers take to the roads drunk" stated that DUI is the most charged crime in Bucks County and that Pennsylvania had a record number of DUI arrests last year.

One of Michael L. Saile Jr.'s DUI clients, "a 22-year old", was interviewed by reporter, Ben Finley, about his experience with the DUI process in Bucks County, PA. Mr. Saile was quoted several times along with Assistant District Attorney, Robert Salzer, Newtown Township police officer, Tim Keegan, and toxicologist, Gary Lange. You can link to the article here: Bucks County Courier Times.

In the second article titled "Tips for staying sober behind the wheel", Mr. Saile gives some tips on how to drink responsibility without reaching the "under the influence" point. It is very hard to predict or measure a person's blood alcohol content (BAC). Even the most sophisticated testing process yield error.

Some of Mr. Saile's tips include: eating a full meal before drinking alcohol, counting your alcoholic drinks, keeping track of the amount of alcohol the bartender is pouring in your drinks, alternating water between alcohol drinks, and have no shots or martinis if you are driving. You can find the second article here: Bucks County Courier Times.

If you are charged with DUI in Bucks County, hire an experienced and knowledgeable DUI lawyer. Contact us to set up a free DUI case consultation and provide us with your DUI arrest information here: case submission form.

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Can you get into the Bucks County DUI-ARD program if you have been involved in a Bucks County Car Accident?

There are a few state-wide exclusions for the Pennsylvania first offender's program for DUI (otherwise known as the ARD Program). Being involved in a Pennsylvania car accident is not one of the state-wide exclusions.

Pennsylvania law allows each county's district attorney's office to run their county's DUI ARD Program. The Bucks County District attorney's ARD program is known to be one of the tougher Pennsylvania ARD-DUI Programs to gain admittance. Bucks County has its own ARD Program rules for DUI cases.

Bucks County had a longstanding policy not to allow DUI defendants admittance to its ARD-DUI Program if the DUI defendant was involved in a Bucks County car accident. Even if the Bucks County DUI defendant did not cause the car accident, the DUI defendant would be prevented from the ARD Program.

In the past few years, we at Saile & Saile LLP have been successful in obtaining admittance of our clients into the Bucks County ARD Program when they have been involved in a car accident in Bucks County. These clients have been individuals who have been arrested for DUI in Bucks County and who have not caused the Bucks County car accident.

Recently there has been a new District Attorney elected in Bucks County, Pennsylvania. The new Bucks County D.A. has made a few improvements to Bucks County criminal procedure. Perhaps the new Bucks County D.A. will allow more Bucks County DUI defendants into the Bucks County DUI-ARD program?

There are many Bucks County car accidents caused by people arrested for DUI that involve no personal injuries. These accidents often involve only minimal property damage. These Bucks County DUI defendants should be admitted to the Bucks County DUI-ARD program. What do you think?

If you have been involved in a Bucks County DUI, do not wait and jeopardize your rights, contact us for an aggressive and experienced DUI defense and guidance.

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