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The Law Offices of George A. Heym
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The Law Offices of George A. Heym
George Heym

564 Forbes Avenue
Suite 1119
Pittsburgh PA 15219
(412) 521-2628

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Fax: (412) 288-8829


Law Offices of George A. Heym

Former Assistant District Attorney Fights for You

412-521-2628


Contact an Attorney within the first 24 hours.

This opens many defenses that may be gone if you wait! 

When you've been arrested for DUI/DAI you really do need help. In Pennsylvania DUI charges have serious consequences. If you are found guilty, you can lose your license, be fined, your insurance can go up, and it carries jail time.

Most people arrested for DUI have never been in any other type of criminal trouble and are scared, confused, frustrated and anxious about the entire process.

I am a former Pennsylvania Assistant District Attorney and I know the system well. I am commited to helping my clients in every way possible and will provide you with the most aggressive defense possible. Just because you have been charged with a crime does not mean that there is no hope! It also does not mean that you don't deserve to have your questions answered or your phone calls returned promptly.  At The Law Offices of George A. Heym you will always be treated with respect. You shouldn't settle for anything less!

Pittsburgh DUI Lawyer George A. Heym grew up in the city of Pittsburgh. He attended Duquesne University from 1991 through 1994. During that time, he worked in construction while attending college. He graduated from Duquesne University with a Bachelor of Arts in Political science in December of 1994. He earned his Juris Doctor, Cum Laude, from the University of Pittsburgh School of Law in 1998.


From May of 1998 through March of 1999, he was an Associate with the Law Firm of Goldberg, Persky, Jennings & White, P.C. While with that firm, George prepared class action complaints in various areas including intellectual property, product liability, civil RICO and various other state legal and equitable claims. He also argued various motions before Pennsylvania courts. Finally, he prepared and represented clients at deposition and deposed corporate representatives in toxic tort mass litigation.


In March of 1999, George joined the Office of the District Attorney of Allegheny County. After a brief stint in the Pre-Trial Unit, he was assigned to the Area Prosecution Unit for approximately 14 months. He advised law enforcement officers regarding investigation including proper search and seizure procedure. He also conducted preliminary hearings for all criminal charges before various District Justices within Allegheny County and determined whether criminal cases merited prosecution, alternative resolution or dismissal. During this time, George advised the police on, and handled preliminary hearings for, countless DUI cases. He also recieved training in the evaluation and prosecution of DUI cases.


George spent the next 3 years in the General Trial Unit. There, he prosecuted defendants charged with Criminal Homicide, Homicide By Vehicle, Aggravated Assault, various weapons violations, narcotics offenses, DUI and crimes against property. George represented the Commonwealth of Pennsylvania in hundreds of DUI cases during that time. He also recieved advanced training in the prosecution of DUI cases.


In February of 2003, George was promoted to the Child Abuse Unit. During his years in that unit, he was responsible for the prosecution of defendants charged with sexual and physical crimes against children and child pornography cases. While in the Child Abuse Unit, he also continued to prosecute Criminal Homicide and Homicide By Vehicle cases.


In August of 2005, he opened The Law Offices of George A. Heym. He now, primarily, provides representation to those who have been charged with Pittsburgh DUI, Allegheny County DUI, Armstrong County DUI, Beaver County DUI, Butler County DUI, Westmoreland County DUI and Washington County DUI. He puts his years of experience as a Pittsburgh DUI Prosecutor and as a Pittsburgh DUI Defense Lawyer to use on behalf of every person that he represents. George treats every case, and every client, with the same seriousness regardless of whether the person is facing probation or a long jail term. He also regularly attends DUI training seminars to ensure that he is up to date with the latest information on the defense of DUI cases.


Just because you have been charged with a DUI does not mean that there is no hope! It also does not mean that you don't deserve to have your questions answered or your phone calls returned promptly. At The Law Offices of Pittsburgh DUI Lawyer George A. Heym you will always be treated with respect. You shouldn't settle for anything less!

412-521-2628

Attorney Profile

      George A. Heym grew up in the city of Pittsburgh. He attended Duquesne University from 1991 through 1994.  During that time, he worked in construction while attending college.  He graduated from Duquesne University with a Bachelor of Arts in Political science in December of  1994. He earned his Juris Doctor, Cum Laude, from the University of Pittsburgh School of Law in 1998.

     From May of 1998 through March of 1999, he was an Associate with the Law Firm of Goldberg, Persky, Jennings & White, P.C.  While with that firm, George prepared class action complaints in various areas including intellectual property, product liability, civil RICO and various other state legal and equitable claims. He also argued various motions before Pennsylvania courts.  Finally, he prepared and represented clients at deposition and deposed corporate representatives in toxic tort mass litigation.

     In March of 1999, George joined the Office of the District Attorney of Allegheny County.  After a brief stint in the Pre-Trial Unit, he was assigned to the Area Prosecution Unit for approximately 14  months.  He advised law enforcement officers regarding investigation including proper search and seizure procedure.  He also conducted preliminary hearings for all criminal charges before various District Justices within Allegheny County and determined whether criminal cases merited prosecution, alternative resolution or dismissal

     George spent the next 3 years in the General Trial Unit.  There, he prosecuted defendants charged with Criminal Homicide, Aggravated Assault, various weapons violations, narcotics offenses, driving under the influence (DUI) and crimes against property.  George represented the Commonwealth of Pennsylvania in countless jury and non-jury trials during that time.

     In February of 2003, George was promoted to the Child Abuse Unit. During his years in that unit, he was responsible for the prosecution of defendants charged with sexual and physical crimes against children and child pornography cases.  While in the Child Abuse Unit, he also continued to prosecute Criminal Homicide cases.

   In August of 2005, he opened The Law Offices of George A. Heym. He now, primarily, provides representation to those who have been charged with crimes in Pennsylvania.  He puts his years of experience as an Assistant District Attorney to use on behalf of every person that he represents.  George treats every case, and every client, with the same seriousness regardless of whether the person is charged with a summary traffic offense or a Criminal Homicide. 

     Just because you have been charged with a crime does not mean that there is no hope! It also does not mean that you don't deserve to have your questions answered or your phone calls returned promptly.  At The Law Offices of George A. Heym you will always be treated with respect. You shouldn't settle for anything less!

News Articles

Man Pleads Guilty To Slaying Of Teen

A Duquesne man faces sentencing March 6 for third-degree murder in the slaying of a teenager who was shot while he was sitting on his back porch.

Allen Booth, 21, of North Second Street, entered the guilty plea Monday in Allegheny County Court in the death of Christopher Jordan, 17, of North Third Street, Duquesne, on June 28.

Common Pleas Judge Lawrence O' Toole ordered a pre-sentence report on Booth, who faces a possible maximum term of 20 to 40 years. Booth also pleaded guilty to firearms charges.

Assistant District Attorney George Heym said the evidence indicated that Booth drew the pistol, pulled back the slide to place a bullet in the chamber, then aimed the weapon at Jordan and pulled the trigger. The bullet struck Jordan in the chest, and he later died at UPMC McKeesport.

By the Tribune-Review  - Wednesday, January 8, 2003

 

Mom pleads guilty to endangering children

 

Motorist to undergo trial in park death

 

Man pleads guilty in pedestrian's death

Pennsylvania DUI statute

George Heym presents excerpts from the Pennsylvania DUI statute



FREE DUI CONSULTATION 1-888-DUI-PRO-1


§ 3801. Definitions
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Adult." An individual who is at least 21 years of age.

"Ignition interlock system." A system approved by the department which prevents a vehicle from being started or operated unless the operator first provides a breath sample indicating that the operator has an alcohol level less than 0.025%.

"Minor." An individual who is under 21 years of age.

§ 3802. Driving under influence of alcohol or controlled substance
(a) General impairment.--
(1) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.
(2) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least 0.08% but less than 0.10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

(b) High rate of alcohol.--An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least 0.10% but less than 0.16% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

(c) Highest rate of alcohol.--An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is 0.16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

(d) Controlled substances.--An individual may not drive, operate or be in actual physical control of the movement of a vehicle under any of the following circumstances:
(1) There is in the individual's blood any amount of a:
(i) Schedule I controlled substance, as defined in the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act;
(ii) Schedule II or Schedule III controlled substance, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, which has not been medically prescribed for the individual; or
(iii) metabolite of a substance under subparagraph (i) or (ii).
(2) The individual is under the influence of a drug or combination of drugs to a degree which impairs the individual's ability to safely drive, operate or be in actual physical control of the movement of the vehicle.
(3) The individual is under the combined influence of alcohol and a drug or combination of drugs to a degree which impairs the individual's ability to safely drive, operate or be in actual physical control of the movement of the vehicle.
(4) The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. § 7303 (relating to sale or illegal use of certain solvents and noxious substances).

(e) Minors.--A minor may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the minor's blood or breath is 0.02% or higher within two hours after the minor has driven, operated or been in actual physical control of the movement of the vehicle.

(f) Commercial or school vehicles.--An individual may not drive, operate or be in actual physical control of the movement of a commercial vehicle, school bus or school vehicle in any of the following circumstances:
(1) After the individual has imbibed a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is:
(i) 0.04% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a commercial vehicle other than a school bus or a school vehicle.
(ii) 0.02% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a school bus or a school vehicle.
(2) After the individual has imbibed a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.
(3) While the individual is under the influence of a controlled substance or combination of controlled substances, as defined in section 1603 (relating to definitions).
(4) While the individual is under the combined influence of alcohol and a controlled substance or combination of controlled substances, as defined in section 1603.

(g) Exception to two-hour rule.--Notwithstanding the provisions of subsection (a), (b), (c), (e) or (f), where alcohol or controlled substance concentration in an individual's blood or breath is an element of the offense, evidence of such alcohol or controlled substance concentration more than two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle is sufficient to establish that element of the offense under the following circumstances:
(1) where the Commonwealth shows good cause explaining why the chemical test could not be performed within two hours; and
(2) where the Commonwealth establishes that the individual did not imbibe any alcohol or utilize a controlled substance between the time the individual was arrested and the time the sample was obtained.

§ 3803. Grading
(a) Basic offenses.--Notwithstanding the provisions of subsection (b):
(1) An individual who violates section 3802(a) (relating to driving under influence of alcohol or controlled substance) and has no more than one prior offense commits a misdemeanor for which the individual may be sentenced to a term of imprisonment of not more than six months and to pay a fine under section 3804 (relating to penalties).
(2) An individual who violates section 3802(a) and has more than one prior offense commits a misdemeanor of the second degree.

(b) Other offenses.--
(1) An individual who violates section 3802(a)(1) where there was an accident resulting in bodily injury, serious bodily injury or death of any person or in damage to a vehicle or other property, or who violates section 3802(b), (e) or (f) and who has no more than one prior offense commits a misdemeanor for which the individual may be sentenced to a term of imprisonment of not more than six months and to pay a fine under section 3804.
(2) An individual who violates section 3802(a)(1) where the individual refused testing of blood or breath, or who violates section 3802(c) or (d) and who has no prior offenses commits a misdemeanor for which the individual may be sentenced to a term of imprisonment of not more than six months and to pay a fine under section 3804.
(3) An individual who violates section 3802(a)(1) where there was an accident resulting in bodily injury, serious bodily injury or death of any person or in damage to a vehicle or other property, or who violates section 3802(b), (e) or (f) and who has more than one prior offense commits a misdemeanor of the first degree.
(4) An individual who violates section 3802(a)(1) where the individual refused testing of blood or breath, or who violates section 3802(c) or (d) and who has one or more prior offenses commits a misdemeanor of the first degree.

§ 3804. Penalties
(a) General impairment.--Except as set forth in subsection (b) or (c), an individual who violates section 3802(a) (relating to driving under influence of alcohol or controlled substance) shall be sentenced as follows: (1) For a first offense, to:
(i) undergo a mandatory minimum term of six months' probation;
(ii) pay a fine of $300;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 (relating to drug and alcohol assessments) and 3815 (relating to mandatory sentencing).
(2) For a second offense, to:
(i) undergo imprisonment for not less than five days;
(ii) pay a fine of not less than $300 nor more than $2,500;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
(3) For a third or subsequent offense, to:
(i) undergo imprisonment of not less than ten days;
(ii) pay a fine of not less than $500 nor more than $5,000; and
(iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

(b) High rate of blood alcohol; minors; commercial vehicles and school buses and school vehicles; accidents.--Except as set forth in subsection (c), an individual who violates section 3802(a)(1) where there was an accident resulting in bodily injury, serious bodily injury or death of any person or damage to a vehicle or other property or who violates section 3802(b), (e) or (f) shall be sentenced as follows:
(1) For a first offense, to:
(i) undergo imprisonment of not less than 48 consecutive hours;
(ii) pay a fine of not less than $500 nor more than $5,000;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
(2) For a second offense, to:
(i) undergo imprisonment of not less than 30 days;
(ii) pay a fine of not less than $750 nor more than $5,000;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
(3) For a third offense, to:
(i) undergo imprisonment of not less than 90 days;
(ii) pay a fine of not less than $1,500 nor more than $10,000; and
(iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
(4) For a fourth or subsequent offense, to:
(i) undergo imprisonment of not less than one year;
(ii) pay a fine of not less than $1,500 nor more than $10,000; and
(iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

(c) Incapacity; highest blood alcohol; controlled substances.--An individual who violates section 3802(a)(1) and refused testing of blood or breath or an individual who violates section 3802(c) or (d) shall be sentenced as follows:
(1) For a first offense, to:
(i) undergo imprisonment of not less than 72 consecutive hours;
(ii) pay a fine of not less than $1,000 nor more than $5,000;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
(2) For a second offense, to:
(i) undergo imprisonment of not less than 90 days;
(ii) pay a fine of not less than $1,500;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
(3) For a third or subsequent offense, to:
(i) undergo imprisonment of not less than one year;
(ii) pay a fine of not less than $2,500; and
(iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

(d) Extended supervision of court.--If a person is sentenced pursuant to this chapter and, after the initial assessment required by section 3814(1), the person is determined to be in need of additional treatment pursuant to section 3814(2), the judge shall impose a minimum sentence as provided by law and a maximum sentence equal to the statutorily available maximum. A sentence to the statutorily available maximum imposed pursuant to this subsection may, in the discretion of the sentencing court, be ordered to be served in a county prison, notwithstanding the provisions of 42 Pa.C.S. § 9762 (relating to sentencing proceeding; place of confinement).

(e) Suspension of operating privileges upon conviction.--
(1) The department shall suspend the operating privilege of an individual under paragraph (2) upon receiving a certified record of the individual's conviction of or an adjudication of delinquency for:
(i) an offense under section 3802; or (ii) an offense which is substantially similar to an offense enumerated in section 3802 reported to the department under Article III of the compact in section 1581 (relating to Driver's License Compact).
(2) Suspension under paragraph (1) shall be in accordance with the following:
(i) Except as provided for in subparagraph (iii), 12 months for an ungraded misdemeanor or misdemeanor of the second degree under this chapter.
(ii) 18 months for a misdemeanor of the first degree under this chapter.
(iii) There shall be no suspension for an ungraded misdemeanor under section 3802(a) where the person is subject to the penalties provided in subsection (a) and the person has no prior offense.
(iv) For suspensions imposed under paragraph (1)(ii), notwithstanding any provision of law or enforcement agreement to the contrary, all of the following apply:
(A) Suspensions shall be in accordance with Subchapter D of Chapter 15 (relating to the Driver's License Compact).
(B) In calculating the term of a suspension for an offense that is substantially similar to an offense enumerated in section 3802, the department shall presume that if the conduct reported had occurred in this Commonwealth then the person would have been convicted under section 3802(a)(2).
(v) Notwithstanding any other provision of law or enforcement agreement to the contrary, the department shall suspend the operating privilege of a driver for six months upon receiving a certified record of a consent decree granted under 42 Pa.C.S. Ch. 63 (relating to juvenile matters) based on section 3802.

(f) Community service assignments.--In addition to the penalties set forth in this section, the sentencing judge may impose up to 150 hours of community service. Where the individual has been ordered to drug and alcohol treatment pursuant to sections 3814 and 3815, the community service shall be certified by the drug and alcohol treatment program as consistent with any drug and alcohol treatment requirements imposed under sections 3814 and 3815.

(g) Sentencing guidelines.--The sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory penalties of this section.

(h) Appeal.--The Commonwealth has the right to appeal directly to the Superior Court any order of court which imposes a sentence for violation of this section which does not meet the requirements of this section. The Superior Court shall remand the case to the sentencing court for imposition of a sentence in accordance with the provisions of this section.

(i) First class cities.--Notwithstanding the provision for direct appeal to the Superior Court, if, in a city of the first class, a person appeals from a judgment of sentence under this section from the municipal court to the common pleas court for a trial de novo, the Commonwealth shall have the right to appeal directly to the Superior Court from the order of the common pleas court if the sentence imposed is in violation of this section. If, in a city of the first class, a person appeals to the court of common pleas after conviction of a violation of this section in the municipal court and thereafter withdraws his appeal to the common pleas court, thereby reinstating the judgment of sentence of the municipal court, the Commonwealth shall have 30 days from the date of the withdrawal to appeal to the Superior Court if the sentence is in violation of this section.

(j) Additional conditions.--In addition to any other penalty imposed under law, the court may sentence a person who violates section 3802 to any other requirement or condition consistent with the treatment needs of the person, the restoration of the victim to preoffense status or the protection of the public.

(k) Nonapplicability.--Except for subsection (e), this section shall not apply to dispositions resulting from proceedings under 42 Pa.C.S. Ch. 63 (relating to juvenile matters).

§ 3805. Ignition interlock


Text of subsec. (a) effective until June 30, 2007.


(a) General rule.--If a person violates section 3802 (relating to driving under influence of alcohol or controlled substance) and has a prior offense as defined in section 3806(a) (relating to prior offenses) or if a person has had their operating privileges suspended pursuant to section 1547(b.1) (relating to chemical testing to determine amount of alcohol or controlled substance) or 3808(c) (relating to illegally operating a motor vehicle not equipped with ignition interlock) and the person seeks a restoration of operating privileges, the department shall require as a condition of issuing a restricted license pursuant to this section that the following occur:
(1) Each motor vehicle owned by the person or registered to the person has been equipped with an ignition interlock system and remains so for the duration of the restricted license period.
(2) If there are no motor vehicles owned by the person or registered to the person that the person so certify to the department. A person so certifying shall be deemed to have satisfied the requirement that all motor vehicles owned by the person or registered to the person be equipped with an ignition interlock system as required by this subsection.


Text of subsec. (a) effective June 30, 2007.


(a) General rule.--If a person violates section 3802 (relating to driving under influence of alcohol or controlled substance) and, within the past ten years, has a prior offense as defined in section 3806(a) (relating to prior offenses) or has had their operating privileges suspended pursuant to section 1547(b.1) (relating to chemical testing to determine amount of alcohol or controlled substance) or 3808(c) (relating to illegally operating a motor vehicle not equipped with ignition interlock) and the person seeks a restoration of operating privileges, the department shall require as a condition of issuing a restricted license pursuant to this section that the following occur:
(1) Each motor vehicle owned by the person or registered to the person has been equipped with an ignition interlock system and remains so for the duration of the restricted license period.
(2) If there are no motor vehicles owned by the person or registered to the person that the person so certify to the department. A person so certifying shall be deemed to have satisfied the requirement that all motor vehicles owned by the person or registered to the person be equipped with an ignition interlock system as required by this subsection.

(b) Application for a restricted license.--A person subject to this section shall apply to the department for an ignition interlock restricted license under section 1951 (relating to driver's license and learner's permit), which shall be clearly marked to restrict the person to only driving, operating or being in actual physical control of the movement of motor vehicles equipped with an ignition interlock system. Upon issuance of an ignition interlock restricted license to any person, the department shall notify the person that until the person obtains an unrestricted license the person may not own, register, drive, operate or be in actual physical control of the movement of any motor vehicle which is not equipped with an ignition interlock system.

(c) Issuance of unrestricted license.--One year from the date of issuance of an ignition interlock restricted license under this section, if otherwise eligible, a person may be issued a replacement license under section 1951(d) that does not contain the ignition interlock system restriction.

(d) Prohibition.--Except as set forth in subsections (e) and (f), until the person obtains an unrestricted license, the person may not own, register, drive, operate or be in actual physical control of the movement of any motor vehicle within this Commonwealth unless the motor vehicle is equipped with an ignition interlock system.

(e) Economic hardship exemption.--A person subject to the requirements of subsection (a) may apply to the department for a hardship exemption to the requirement that an ignition interlock system must be installed in each of the person's motor vehicles. Where the department determines that the applicant establishes that such a requirement would result in undue financial hardship, the department may permit the applicant to install an ignition interlock system on only one of the applicant's motor vehicles. However, the applicant in accordance with section 3808 (relating to illegally operating a motor vehicle not equipped with ignition interlock) shall be prohibited from driving, operating or being in actual physical control of the movement of any motor vehicle, including any of the applicant's motor vehicles, which is not equipped with an ignition interlock system.

(f) Employment exemption.--If a person with a restricted license is required in the course and scope of employment to drive, operate or be in actual physical control of the movement of a motor vehicle owned by the person's employer, the following apply:
(1) Except as set forth in paragraph (2), the person may drive, operate or be in actual physical control of the movement of that motor vehicle in the course and scope of employment without installation of an ignition interlock system if:
(i) the employer has been notified that the employee is restricted; and
(ii) the employee has proof of the notification in the employee's possession while driving, operating or being in actual physical control of the movement of the employer's motor vehicle. Proof of the notification may be established only by the notarized signature of the employer acknowledging notification on a form which shall be provided by the department for this purpose and shall include a contact telephone number of the employer.
(2) Paragraph (1) does not apply in any of the following circumstances:
(i) To the extent that an employer-owned motor vehicle is made available to the employee for personal use.
(ii) If the employer-owned motor vehicle is owned by an entity which is wholly or partially owned by the person subject to this section.
(iii) If the employer-owned motor vehicle is a school bus; a school vehicle; or a vehicle designed to transport more than 15 passengers, including the driver.

(g) Prohibition of authorization.--This section shall not give the department authorization to impose an ignition interlock requirement on a person that has committed an offense under former section 3731 prior to October 1, 2003, without the issuance of a court order.

(h) Department approval.--An ignition interlock system required to be installed under this title must be a system which has been approved by the department. The department's approval of ignition interlock systems shall be published in the Pennsylvania Bulletin. Systems approved for use under former 42 Pa.C.S. § 7002(d) (relating to ignition interlock systems for driving under the influence) and any contracts for the installation, maintenance and inspection of the systems in effect as of the effective date of this section shall continue to be approved and in effect until the department again publishes approval of ignition interlock systems in the Pennsylvania Bulletin and enters into new contracts in support of the systems.

(i) Offenses committed during a period for which an ignition interlock restricted license has been issued.--Except as provided in sections 1547(b.1) and 3808(c) (relating to illegally operating a motor vehicle not equipped with ignition interlock), any driver who has been issued an ignition interlock restricted license and as to whom the department receives a certified record of a conviction of an offense for which the penalty is a cancellation, disqualification, recall, suspension or revocation of operating privileges shall have the ignition interlock restricted license recalled, and the driver shall surrender the ignition interlock restricted license to the department or its agents designated under the authority of section 1540 (relating to surrender of license). Following the completion of the cancellation, disqualification, recall, suspension or revocation which resulted in the recall of the ignition interlock restricted license, the department shall require that the person complete the balance of the ignition interlock restricted license period previously imposed prior to the issuance of a replacement license under section 1951(d) that does not contain an ignition interlock restriction.

§ 3806. Prior offenses
(a) General rule.--Except as set forth in subsection (b), the term "prior offense" as used in this chapter shall mean a conviction, adjudication of delinquency, juvenile consent decree, acceptance of Accelerated Rehabilitative Disposition or other form of preliminary disposition before the sentencing on the present violation for any of the following:
(1) an offense under section 3802 (relating to driving under influence of alcohol or controlled substance);
(2) an offense under former section 3731;
(3) an offense substantially similar to an offense under paragraph (1) or (2) in another jurisdiction; or
(4) any combination of the offenses set forth in paragraph (1), (2) or (3).

(b) Repeat offenses within ten years.--The calculation of prior offenses for purposes of sections 1553(d.2) (relating to occupational limited license), 3803 (relating to grading) and 3804 (relating to penalties) shall include any conviction, adjudication of delinquency, juvenile consent decree, acceptance of Accelerated Rehabilitative Disposition or other form of preliminary disposition within the ten years before the present violation occurred for any of the following:
(1) an offense under section 3802;
(2) an offense under former section 3731;
(3) an offense substantially similar to an offense under paragraph (1) or (2) in another jurisdiction; or
(4) any combination of the offenses set forth in paragraph (1), (2) or (3).

DUI F.A.Q.

Pittsburgh DUI F.A.Q.

Pittsburgh DUI Lawyer George Heym presents some frquently asked questions regarding Pittsburgh DUI cases. These answers also apply to Allegheny County DUI, Armstrong County DUI, Beaver County DUI, Butler County DUI, Westmoreland County DUI and Washington County DUI. If you have other questions regarding your DUI charge call us today for a free evaluation at
1-888-DUI-PRO-1.


  • What constitutes DUI/DAI in Pennsylvania?
  • What is ARD?
  • What are mandatory DUI sentences?
  • I am not ARD eligible. . . Does this mean that I will have to go to jail?
  • If I plan to just plead guilty why do I need a DUI lawyer?
  • What is an Ignition Interlock Device?
  • Top ten ways

    Top ten ways to beat a Pittsburgh DUI

    A DUI charge does not have to result in a conviction. There are many legal issues which can be raised in your defense by an experienced Pittsburgh DUI Lawyer in order to beat the DUI charges. George A. Heym is a Former DUI Prosecutor with the training and experience necessary to properly evaluate you DUI case and fight on your behalf.


    1. Illegal Stop

    Pennsylvania DUI Law requires that a Police Officer have "probable cause" before stopping a vehicle for suspected DUI. Just weaving within your lane of travel or even crossing the center line may not have met the legal standard for "probable cause". If the DUI stop was not legal then all of the evidence gathered because of it cannot be used and the case must be dismissed. You need an experienced Pittsburgh DUI Lawyer to evaluate the facts of your particular DUI stop and determine if the Police Officer had "probable cause" according to Pennsylvania DUI Law.

    2. Anonymous Report of DUI

    You cannot be stopped based upon an anonymous report to police. In stopping you for suspected DUI the police must have relied upon a named person who can be cross-examined by your DUI Lawyer regarding what he/she saw.


    3. Breath testing device not calibrated as required

    Pennsylvania DUI Law requires that EVERY breath testing device must be calibrated at set intervals or whenever it returns results that don't meet certain specifications. If this calibration is not done when required, or as required, then ALL subsequent results from that machine are invalid until the machine is re-calibrated. An experienced Pittsburgh DUI Lawyer will check the logs that are kept for every breath testing device in Pennsylvania to determine whether the results are valid or not.


    4. Breath testing device operator not licensed as required

    Pennsylvania DUI Law requires that every breath testing device operator recieve training and be certified on the use of that particular breath testing device at regular intervals. If the operator's certification was not up to date then the results of the breath test are invalid.


    5. Prosecutor must prove who was driving the vehicle

    The burden of proof is on the prosecution to prove all elements of your DUI charge. It may be that your admission to driving a vehicle isn't enough without other evidence.

    6. Field Sobriety Tests not properly administered

    If the Police Officer did not administer the Field Sobriety Tests according to the generally accepted practice in Pennsylvania this would substantially undermine the prosecution's case. Also, certain FST's are not admissible in Court in Pennsylvania DUI cases. Only a Pittsburgh DUI Lawyer with enough training and experience can evaluate if this defense is available to you.

    7. Legality of DUI checkpoint

    Pennsylvania DUI Law requires that police follow very strict rules and regulations prior to setting up a DUI checkpoint. If all of these were not adhered to then the DUI checkpoint is invalid and the DUI case must be dismissed.


    8. Medical condition

    Physical problems with your back, neck arms etc. can affect the outcome of Field Sobriety Tests. Certain medications can also affect FST's and your physical appearance of being under the influence of alcohol. The right Pittsburgh DUI Lawyer can use these facts to your advantage at trial or even to have evidence suppressed prior to trial.

     


    9. Statute of Limitations exceeded

    Pennsylvania DUI charges must be filed within a limited amount of time or, with certain exceptions, the case must be dismissed.

     


    10. Speedy Trial rights violated

    Pennsylvania DUI Law requires that you be brought to trial within a set period of time. If the prosecution fails to do so the case must be dismissed.

     


    There are also many more ways in which a DUI case can be challenged. Only a DUI Lawyer with the necessary training and experience can evaluate your case to determine if any of these potential defenses apply. Pittsburgh DUI Lawyer George A. Heym will bring all of his training and experience to bear on your case.

    DUI driver's license

    Refusal to participate in blood or breath test

    Once the police send the necessary refusal paperwork to the Department of Motor Vehicles you will have your license suspended for one year Even if you are not convicted of the DUI.

    You will have 30 days from the time you recieve notification of the suspension from the DMV to appeal the "refusal" status. If you have recieved this suspension notice and want to appeal the refusal - CALL IMMEDIATELY!

    A Plea of Guilty to, or a conviction for, Pennsylvania DUI will result in the following license suspensions.


    Blood Alcohol Content below .10%

    The first DUI may carry no license suspension in certain cases.

    The second or subsequent DUI will result in a 12 month license suspension.

    Blood Alcohol Content greater than .10% and less than .16%

    The first and second DUI's will result in a 12 month license suspension.

    The third or subsequent DUI will result in an 18 month license suspension.

    Blood Alcohol Content greater than .16%

    The first DUI will result in a 12 month license suspension.

    The second or subsequent DUI will result in an 18 month license suspension.

    Occupational Limited License (O.L.L.) also known as a "bread and butter license".

    According to Pennsylvania Statute, a person whose license is suspended and has no more than one prior DUI may be eligible for an O.L.L. after serving a portion of their suspension.

    However, the D.M.V. has currently ruled that even one prior DUI conviction makes you ineligible for an O.L.L.

    DUI

    Preliminary Hearing

    This hearing will be held in front of a District Judge and is initiated by a police officer filing a criminal complaint against you. The purpose of this hearing is to determine whether or not the Commonwealth can establish enough evidence for the case to be sent to Common Pleas Court for trial. The burden of proof on the Commonwealth at a preliminary hearing is "Prima Facia" which is a very low burden of proof. However, that does not mean that DUI charges cannot be dismissed, or worked out to lesser charges, at this proceeding. Therefore, it is very important to be represented by an experienced Pittsburgh DUI Lawyer at your preliminary hearing. If all, or some, of the charges are held for court you will next have to attend a . . .

    Formal Arraignment

    At this proceeding a Common Pleas Court Judge (or a member of the Court staff) will officially inform you of all of the charges against you. The Judge will read the charges from the Criminal Information. You will also be given a date to return for a . . .

    Pre-Trial Conference

    At this conference you, and your DUI Defense Lawyer will meet with the prosecutor assigned to your case and pick a date for your case to proceed to trial. It may also be a good opportunity to receive discovery in the case, confirm which mandatory DUI Jail sentences apply and negotiate potential plea agreements. This is why it is so important to be represented by an experienced Pittsburgh DUI Lawyer prior to this time. Next, you will have to return for the . . .

    Trial Date

    On this date, you will be expected to proceed to trial. However, there are several things that can actually happen on this date. First, you can actually proceed to trial. You will have the choice of proceeding with either a non-jury or a jury trial. Second, you might negotiate a plea agreement with the prosecutor. Third, the case might be postponed because one of the parties is unable to proceed to trial on that date. Finally, if the Commonwealth is unable, or unwilling, to proceed with the case it will be withdrawn by the prosecutor or dismissed by the Judge. Only a knowledgeble DUI Lawyer can evaluate your case to determine which of these options is in your best interest. If you are convicted of, or plead guilty to, your DUI charges you will then have to proceed to . . .

    Sentencing

    After conviction, or plea, you will have the right to ask the Court for a pre-sentence report which will postpone your sentencing for approximately 90 days or you can waive your right to the pre-sentence report and ask the Judge to impose sentence immediately. At sentencing it is imperative that your Pittsburgh DUI Attorney have the training and experience necessary to ensure that the correct mandatory DUI sentence is imposed. Otherwise you could end up being sentenced to far more jail time than you should. You will then have to . . .

    Serve Your Sentence

    If you are represented by an experienced Pittsburgh DUI Lawyer, mandatory DUI jail sentences may often be served in alternative housing or on house arrest rather than in jail.


    Definitions


    Alternative Housing
    Mandatory DUI Jail sentences may sometimes be served in what are commonly known as halfway houses instead of Jail. Such a sentence may also allow for the individual to attend work and/or school during the day and return to the facility at night.

    Burden of Proof
    The level of evidence that must be presented by the Commonwealth.

    Criminal Information
    A formal charging document filed with the Clerk of Courts which specifies the particular crimes the accused is charged with and the dates on which they occurred.

    Discovery
    This is a copy of all of the evidence that the Commonwealth has against the accused. It may include police reports, Breathalyzer or Laboratory reports, photographs, witness statements, expert reports and any other evidence that has been obtained by the Commonwealth.

    House Arrest
    Very similar to alternative housing except that the individual is incarcerated in their home. The individual wears a monitoring anklet which allows their whereabouts to be tracked at all times. This type of sentence may also allow for the individual to attend work and/or school.

    Jury Trial
    Twelve citizens of the Commonwealth sit as the "Judges of Fact" and decide whether the individual is Guilty or Not Guilty. During the trial a Common Pleas Court Judge will make all legal rulings and instruct the Jury on the law to apply to the facts.

    Non-Jury Trial
    A Common Pleas Court Judge will make factual decisions instead of a jury and return the verdict of Guilty or Not Guilty.

    Plea Agreement
    This is an agreement reached by the accused and the Commonwealth. A plea agreement can involve pleading guilty, or no contest, in return for a reduction in the charges and/or an agreed upon sentence. An experienced Pittsburgh DUI Lawyer will be able to get you the best plea agreement under the particular circumstances of your DUI case.

    Pre-Sentence Report
    The Department of Probation prepares a report to aid the Court in sentencing. It will summarize the crime, the individual's prior criminal and personal background and a statement from the victim(s).

    Prima Facia Case
    The Commonwealth must present evidence that a crime has been committed and that the accused is probably the perpetrator of that crime.

    Probation
    During a probationary period the individual is not incarcerated but is supervised by an officer from the Department of Probation.


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