Kenneth B. Burkley

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DUI / DWI / DAI
Greensburg PA - Westmoreland County

DUI lawyer in Greensburg PA or elsewhere, needs to stay abreast of the law, and offer a vigorous defense, as well as assist the client in understanding the charges and potential consequences. In Pennsylvania, a drunk driving offense is now a DAI or Driving After Imbibing offense. To understand the potential consequences of a DAI / DUI, any drunk driving lawyer involved in a DAI / DUI defense, should understand the intricacies of Pennsylvania’s three tiered system.   For each of the three tiers, a different fine, treatment, driver’s license suspension and jail sentence is handed out for a first offense, second offense and third or subsequent offenses.

  • Tier One - .08 - .099 BAC
  • Tier Two - .10 -  .159 BAC
  • Tier Three - .160 and above BAC

An individual’s prior offenses, three-tier determination, and extenuating circumstances (was an auto accident involved in the arrest?), all contribute to the probability of incarceration or the possibility of acquittal.

1st time offenders are generally offered ARD or Accelerated Rehabilitive Disposition.  This avoids a DAI / DUI conviction. At the end of a probation period, the charges are dismissed and most often are expunged (erased). However, the DAI / DUI will remain on your driving record for 10 years.  A  DAI / DUI lawyer in Westmoreland County or Indiana County that is able to achieve an ARD for the defendant, will have the result of no jail time, and a shorter license suspension (30-60 days). DAI / DUI criminal defendants may not qualify for an ARD if someone under 14 was in the car during the offense, or if someone was injured in an accident.

With two prior DAI  / DUI offenses in Westmoreland or Indiana county, even a skilled drunk driving attorney will be operating in a damage control mode, rather than an acquittal mode.  With two prior DAI /  DUI offense, and a Tier three arrest (.160 BAC or more) there is a mandatory jail sentence of twelve months, a license suspense for eighteen months, and an ignition interlock device for twelve months after release.  As your DAI / DUI lawyer, my Greensburg PA law office will make certain that if you are charged with a DAI / DUI, that you have a full and clear understanding of the law, and your legal options. 

Keep in mind that it is not illegal to drink and drive. It is illegal to become intoxicated (above a certain BAC limit) and drive.  The following alcohol consumption chart provides a guideline as to how may drinks it takes for a man or a woman to become intoxicated.

Do not Drink and Drive

 

Men

 

Approximate Blood Alcohol Percentage

Drinks

Body Weight in Pounds

 

 

100

120

140

160

180

200

220

240

 

0

.00

.00

.00

.00

.00

.00

.00

.00

Only Safe
Driving Limit

1

.04

.03

.03

.02

.02

.02

.02

.02

Impairment
Begins

2

.08

.06

.05

.05

.04

.04

.03

.03

Driving
Skills
Affected


Possible
Criminal
Penalties

3

.11

.09

.08

.07

.06

.06

.05

.05

4

.15

.12

.11

.09

.08

.08

.07

.06

5

.19

.16

.13

.12

.11

.09

.09

.08

6

.23

.19

.16

.14

.13

.11

.10

.09

7

.26

.22

.19

.16

.15

.13

.12

.11

Legally
Intoxicated


Criminal
Penalties

8

.30

.25

.21

.19

.17

.15

.14

.13

9

.34

.28

.24

.21

.19

.17

.15

.14

10

.38

.31

.27

.23

.21

.19

.17

.16

Your body can get rid of one drink per hour.
One drink is 1.5 oz. of 80 proof liquor, 12 oz. of beer, or 5 oz. of table wine.

 

Do not drink and drive

Women

 

Approximate Blood Alcohol Percentage

Drinks

Body Weight in Pounds

 

 

90

100

120

140

160

180

200

220

240

 

0

.00

.00

.00

.00

.00

.00

.00

.00

.00

Only Safe
Driving Limit

1

.05

.05

.04

.03

.03

.03

.02

.02

.02

Impairment
Begins

2

.10

.09

.08

.07

.06

.05

.05

.04

.04

Driving Skills
Affected


Possible
Criminal
Penalties

3

.15

.14

.11

.10

.09

.08

.07

.06

.06

4

.20

.18

.15

.13

.11

.10

.09

.08

.08

5

.25

.23

.19

.16

.14

.13

.11

.10

.09

6

.30

.27

.23

.19

.17

.15

.14

.12

.11

Legally
Intoxicated


Criminal
Penalties

7

.35

.32

.27

.23

.20

.18

.16

.14

.13

8

.40

.36

.30

.26

.23

.20

.18

.17

.15

9

.45

.41

.34

.29

.26

.23

.20

.19

.17

10

.51

.45

.38

.32

.28

.25

.23

.21

.19

Your body can get rid of one drink per hour.
One drink is 1.25 oz. of 80 proof liquor, 12 oz. of beer, or 5 oz. of table wine.

Data supplied by the Pennsylvania Liquor Control Board.

As a DAI / DUI lawyer representing those in Greensburg PA and Westmoreland County, I make certain that I am up to date on current DAI / DUI laws, and am diligent in my attention to the details of each drunk driving defense.  As your ADI / DUI attorney, my Greensburg PA law office  will work for an acquittal as a first option, while also working to maintain a current driver’s license.

Drunk Driving Defense
DUIs are Serious and so am I

I have been a DAI / DUI lawyer in Greensburg PA for more than thirty years and in that time have helped hundreds and hundreds of clients. If you have been charged with a DAI / DUI offense in Greensburg PA or Westmoreland county, and need a lawyer, I urge you to call or contact my law office  to schedule an appointment. It’s time to put experience and reputation on your side.

Kenneth B. Burkley
35 West Pittsburgh Street
Keystone Commons
Greensburg, PA 15601-5063
Phone:  (724) 836-4871
Fax:  (724) 837-7868
E-mail



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Copyright © 2008 by Kenneth B. Burkley. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.

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