Michael F. Niznik

Will I go to jail for a DUI in Pennsylvania? This is a question that I am often asked and the answer depends on a number of factors. If you are found not guilty, the answer is NO! You are presumed innocent until proven guilty. You do not have the burden of proving your innocence, so keep that in mind throughout the criminal court process. However, if the case against you is overwhelming, you should know the factors that contribute to mandatory minimum DUI jail sentences. Fi

As a criminal defense attorney, one of the first things I am often asked when meeting new people is "What should I REALLY do if I get arrested?" It seems that pop-culture and television have given people some incorrect ideas of how to act around police officers. First and foremost, DO NOT TALK TO THE POLICE. You should be civil with the officers, and you may tell them your name and give them your identification if they ask, but you are not under any obligation to speak to the

DUI checkpoints are legal so long as they meet certain requirements. The legality of the checkpoint depends upon: The length of the stop; The type of warnings given to drivers as they approach the checkpoint; Whether the checkpoint had prior administrative approval; How the location of the checkpoint was decided; Which vehicles were stopped. A DUI checkpoint may be legally avoided provided you make a proper traffic maneuver. For example, you may make a legal U-turn or a turn