DUI Law and Facts

DUI Facts to Remember During the Holidays

The holiday season throughout the USA is one of the most festive. It can also be a food and alcohol-laden holiday, though. Parties abound, and many individuals do not realize how much alcohol they imbibe. Like the television commercials promote, “Buzzed Driving IS Drunken Driving” and can have serious consequences.

Not every DUI (Driving Under the Influence) is as serious as another. However, accidents and fatalities do occur when inebriated. Like with all laws, there are different levels of infractions. Additionally, with most DUI stops and convictions, there are various circumstances and outcomes. 

Many individuals do not even realize they are too drunk to drive safely. The “Think Twice Foundation” is assisting in alleviating this problem. Since alcohol makes an individual less alert, the problem of not recognizing a possible drunker state exists. The foundation mentioned above and other programs now supply home-use breathalyzers. 

DWI Law Attorney

How Much Alcohol Constitutes a DUI? 

All states in the USA and the District of Columbia have a BAC (Blood Alcohol Concentration) factor which determines drunk driving. The usual standard is .08 percent but can vary according to state. The higher the BAC, the more serious of an offense the DUI is considered

Offenses are also determined by aggravating and mitigating factors.

An aggravating factor leading to a higher criminal citation and possible conviction would be the times an individual was arrested and convicted of a DUI. Second and third offenses show a pattern and are taken seriously. 

Mitigating factors could be if no one is injured, it is a first-offense DUI, and the individual does not have a very high BAC. Repeated offenses can lead to significant fines, loss of driving privileges, and even jail time. In addition, first-time offenders can be sentenced to community service and an ARD (Accelerated Rehabilitation Program). 

Most judges can be inclined towards ARD programs for first-time offenders, although driving can be suspended, and the magistrate determines the length of time in a program. 

DUI- A Common Criminal Offense 

Packing the jails with first-time offenders is not what a magistrate generally seeks to accomplish. Instead, an ARD program and community service are more effective for first-time offenders. 

If an alcohol problem is suspected, AA (Alcoholics Anonymous) or a rehabilitation center might be part of the judicial recommendation. Follow-up on the progress of the offender is also routine.

Attendance at all meetings and community service activities must be adhered to strictly. 

A look at statistics also shows that DUI is the most common cause of motor vehicle fatalities, especially among younger drivers in PA. The offense and accident can also be so severe as to bring the crime up to the felony range with felony penalties. Felony penalties can be severe, especially if they result in disability, serious injury, or untimely death. 

Reasons Why DUI Arrests Occur Frequently During Holidays

  • More individuals get together for parties such as New Year’s Eve, where the merriment goes on for hours. It is easy to overindulge in these. 
  • There is more pressure to go to various events and more time spent on the roadways. 
  • Police generally step up efforts to prevent DUIs, and spot checks on roads are not uncommon in many states. 
  • Non-drinkers can drink during the holidays, and alcohol impacts non-drinkers more quickly. Individuals who do not eat while drinking can also become drunk easily, and the BAC is higher. 
  • Fatigue also slows down metabolism and can lead to a higher BAC. 

Conclusion on DUI Facts to Remember

While the focus of this post is the holidays, it is imperative to realize that DUI is common all throughout the year. Of course, it is best to avoid drinking while impaired, but if an individual makes an error and does drive while drunk, assistance is within reach. 

Christian J. Hoey, ESQ., of Paoli, PA has extensive experience in all manner of DUI defense. The team at Hoey Legal is also exemplary and can be of assistance immediately. Although the DUI should be avoided, legal assistance should be sought ASAP. 

Hoey Legal offers a free consultation and is available through a form, two phone numbers, and an email via the website. Mobile contact is also available, and any inquiries are answered promptly. No matter what level of DUI is involved, it should never be taken lightly as it does appear on an individual’s criminal history. 

Getting in touch with Christian J. Hoey, ESQ., with decades of state and federal criminal defense under his legal belt, can prevent future damages, financial losses, and emotional pain. 

For more information on all our law services, visit us at HoeyLegal.com or call us at (610) 647-5151.

Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.


The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.


At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.


Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.


Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer


Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.


Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.

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