The Law Office Of Michael T. Winters

3 common drunk driving myths

2026-10-21T16:53:13Z

Whether you learn it in a bar, at work or while browsing online, you need to be careful to take everything you hear or read with caution. There's a lot of misinformation out there -- and some of it spreads very rapidly. This is particularly true when it comes to myths about drinking and driving. Many of the following myths have existed for years. It is important to understand the truth about these myths to avoid serious criminal charges. Here is what you should know:

Myth #1: You can drive if you did not drink a lot

Truth: A driver could still face criminal charges even with a blood alcohol concentration (BAC) below the legal limit. Pennsylvania has a 0.08% BAC limit for drivers 21 years of age or older. However, alcohol affects everyone differently. Even a small amount of alcohol could cause a driver to drive recklessly, speed, swerve or run lights. As a result, a driver’s BAC level could still be considered if they are facing criminal charges.

Myth #2: You can pass breath tests with a penny

Truth: Putting a penny in your mouth won't cause a breathalyzer test to malfunction. A breath test is a device used to test a driver’s blood alcohol content, and the theory that the copper in a penny will cause the machine to misfire is very pervasive -- and entirely untrue. All you would be doing is creating a choking hazard for yourself.

Myth #3: You can drive slowly if you are drunk

Truth: Operating a vehicle while inebriated can still lead to criminal charges, no matter how slowly you drive. In fact, driving too slowly -- especially in the dark -- can lead to serious accidents, and it is likely to attract the attention of the police if they happen to pass by. If you are facing a DUI charge, you may need to consider reaching out for professional legal guidance and learning how to build a strong criminal defense.

How does your BAC affect a Pennsylvania DUI charge?

2026-10-13T04:43:52Z

Most people know that the legal blood alcohol limit for driving is 0.08%. What they may not realize is that Pennsylvania has several different blood alcohol limits, and the penalties for driving under the influence (DUI) can increase a lot depending on how much alcohol is in your system. Your blood alcohol content (BAC) is one of the most important factors in a DUI case. Understanding how it's measured and how Pennsylvania uses those results can help you understand the charges you may be facing.

How is your BAC measured?

BAC refers to the concentration of alcohol in your bloodstream. Police generally use breath or blood testing to determine a driver's BAC. During a traffic stop, an officer may ask a driver to blow into a portable breath-testing device. This provides an estimate of the driver's BAC and can help the officer decide whether to investigate further. However, roadside breath tests aren't the same as the more formal chemical tests used to establish BAC in court. Following a DUI arrest, police may request an evidentiary breath test or a blood test. Pennsylvania also has implied consent laws, which means refusing a lawful request for chemical testing can carry additional consequences, including a driver's license suspension.

What are Pennsylvania's BAC limits?

Pennsylvania uses a tiered system for most adult alcohol-related DUI offenses. Under state law, the categories are:

General impairment (0.08% to 0.099%): A driver can face DUI charges at this level, even without obvious signs of impairment.
High BAC (0.10% to 0.159%): Drivers in this category face increased penalties, including mandatory jail time for certain offenses.
Highest BAC (0.16% or higher): This category carries the harshest penalties, including higher fines and potential jail time.

Different BAC limits also apply to certain drivers. For example, Pennsylvania's legal BAC threshold is just 0.02% for drivers under 21 and 0.04% for those operating commercial vehicles. It's also important to understand that a driver can be charged with DUI even when their BAC is below 0.08% if there's sufficient evidence that alcohol impaired their ability to drive safely. Because the state’s DUI penalties can change based on BAC test results, even small differences can lead to big consequences. An experienced criminal defense attorney can help defend your interests.

Protecting your child’s future after a criminal accusation

2026-09-26T19:46:46Z

Young people can face potentially severe consequences when accused of criminal conduct, even though the juvenile system is designed to emphasize rehabilitation. A delinquency case can affect their education, future employment and long‑term opportunities. Families often encounter complex procedures, strict timelines and detailed evidentiary rules in juvenile cases. Sound legal guidance helps you understand what may happen as the case moves forward.

Juvenile court process

Pennsylvania's juvenile justice system follows strict rules. Intake officers evaluate the circumstances, the youth’s background and any prior involvement with the system. Some cases may be diverted, while others proceed to a detention hearing where the court decides whether the minor should remain in custody. Adjudication hearings typically follow. During these, the court reviews evidence, hears testimony and determines whether the minor is delinquent.

Potential transfer to adult court

Serious juvenile offenses may be moved from juvenile court to adult criminal court. Judges consider factors such as the severity of the alleged conduct, the minor’s age and any prior record. The court also evaluates the minor’s maturity and the availability of services within the juvenile system. The decisions judges make in juvenile cases can influence the potential penalties, supervision requirements and long‑term outcomes.

Issues that trigger juvenile legal cases

Juvenile matters often involve recurring concerns. Examples include:

School‑related incidents like fights, threats and possession of prohibited items
Drug allegations such as possession, distribution or paraphernalia found in shared spaces
Technology‑related conduct, including harassment, unauthorized access or misuse of electronic devices

Courts frequently weigh rehabilitative options, including counseling, educational programs and community‑based services, when determining appropriate dispositions. All legal matters that impact youths benefit from skilled legal guidance to help ensure that the consequences are fair and do not unduly harm their future.

Can you get DUIs on a mower, golf cart or horse-drawn buggy?

2026-09-23T08:48:57Z

Imagine a gorgeous Saturday after a long day of yard work. You decide to drive your golf cart over to a neighbor’s farm while enjoying a few cold beers You may think it is safe because you are not behind the wheel of a car. However, think twice. In Pennsylvania, the “vehicle” you choose may matter just as much as the state of your sobriety.

Pennsylvania’s broad definition

Pennsylvania residents should become familiar with its DUI statute (Title 75). Title 75 defines a “vehicle” very broadly. Under state law, a vehicle is every device that can transport any person or property on a highway. What matters more is if you are in actual physical control of the movement of a vehicle while impaired. In Lancaster, “traffic” might mean taking a buggy to cross a township road near a campground. There are no mentions of engines, motors or minimum speed requirements in the law. That means your golf cart, horse-drawn buggy and even riding mower all qualify as vehicles. If you operate any of these while impaired, an officer can absolutely charge you with a DUI.

Real cases and consequences

This is a real risk you may run into when you live in Pennsylvania. Courts have upheld DUI convictions for people operating various vehicles, even electric scooters and other vehicles you may think do not count. The penalties for receiving a DUI on these alternative vehicles are identical to “standard” DUIs. You are looking at potential jail time, fines up to $5,000, license suspension and a permanent criminal record.

Private property defenses

Another myth is that you can use “I was on my own property” as a defense. However, it rarely works if the public can access your property. For example, if you were on a driveway connected to a public road, police can still charge you. Pennsylvania courts consistently rule that DUI laws apply broadly to protect public safety.

Avoiding legal pitfalls

Pennsylvania's vehicle definition is intentionally expansive, and prosecutors use it. Before you hop on anything with wheels after drinking, remember that the legal consequences are very real. If you are facing DUI charges in Lancaster for operating an unconventional vehicle, take them seriously. You may want to consider seeking experienced legal representation to protect your rights and your future.

Can you lower your BAC with coffee or food?

2026-09-14T10:42:44Z

An elevated blood alcohol concentration (BAC) can cause a driver to fail a breath test. This can lead to an arrest and a potential conviction on drunk driving charges.

As such, drivers will sometimes take specific steps to try to lower their BAC before they drive. Someone who has been drinking may decide to eat a meal or drink a cup of coffee, for example. But will either of these things actually lower their BAC?

Time is the only thing that works

No, neither drinking coffee nor eating a meal will reduce a person’s blood alcohol concentration. The only thing that does it is time. A person just has to wait for their body to metabolize the alcohol, and their BAC will go down.

Coffee can sometimes make a person feel more awake. If they were feeling groggy from drinking alcohol, they may feel alert from drinking caffeine. But they are not any more sober than they were before.

If a person eats before they drink, it can actually slow down how fast the body absorbs the alcohol content. They may become intoxicated at a slower rate. But eating after they drink is not going to remove any of that alcohol from their system. Their BAC remains the same.

What are your defense options?

It is important to understand how alcohol affects the body and how you can actually sober up before you drive. If you do find yourself facing drunk driving charges, be sure you know exactly what legal defense options you have, as a conviction could lead to fines, a license suspension and more.

Holiday weekends and DUI

2026-08-29T16:18:17Z

Holiday weekends are a time for cookouts, trips and fun gatherings with friends and family. For many people, alcohol may also be part of the celebration. However, with more people drinking and more people traveling, holiday weekends can create additional opportunities for impaired driving. The statistics show why drivers should take extra care when making plans to get home safely.

Why holiday weekends can mean more DUI risk

In 2024, alcohol-impaired driving was involved in 30% of all traffic fatalities nationwide, with fatal crashes involving an alcohol-impaired driver occurring at three times the rate at night compared with during the day Holiday weekends can bring more impaired drivers onto the road, and the numbers are significant. According to an analysis of National Highway Traffic Safety Administration (NHTSA) data, New Year’s Day is one of the most dangerous holidays for DUI crashes, with a 95% higher risk compared with the daily average. Labor Day follows close behind, with a 54% higher risk. There are several reasons holiday celebrations can increase the chances of impaired driving. People may attend multiple gatherings in one day, spend several hours celebrating or have drinks offered to them by friends and family. Someone who does not normally drink much may also underestimate how alcohol affects their ability to drive, particularly after spending a long day traveling or celebrating. Alcohol can affect judgment, coordination and reaction time, making it more difficult to determine whether someone is actually safe to get behind the wheel. Planning ahead can help reduce the risk. Designating a sober driver, arranging a rideshare or taxi or making plans to stay overnight are safe alternatives to driving after drinking. Even if someone believes they are only slightly impaired, choosing another way home can be the safer decision. If you are facing a DUI charge, the circumstances surrounding your stop and arrest matter. Speaking with a qualified legal professional can help you understand your options and what steps may be available based on the specific facts of your case.

Are DUI blood and urine tests always right?

2026-08-24T23:41:51Z

You might have heard about ways in which DUI breath tests can sometimes turn out wrong. But what about blood and urine tests? Can they be wrong, too? Yes, they can. Even though they might seem more scientific and trustworthy, the truth is that the results used to prosecute someone are not always accurate. Why not?

Mix-ups can occur

Labs that process blood and urine tests typically have many samples passing through every day. That means that mix-ups can occur. If someone puts the wrong label on a sample or puts something in the wrong bag, it could result in inaccurate test results being attributed to a person. Clerical errors on the computer are another possibility that could cause a result to be attributed to the wrong person.

Contamination is also possible

It is possible for contamination of samples to occur. A trace of a previous sample may remain in a machine used for collection or analysis. The person handling the sample might have a foreign substance on their gloves that comes into contact with the driver’s sample. Alcohol swabs used might affect the results.

Equipment faults

Chemicals used to analyze samples might have become contaminated or mixed up. Alternatively, the machines themselves might not have received the calibration they need. Proving that a test reading is inaccurate is unlikely to be easy, but then neither is living with the consequences of a wrongful DUI conviction. If you believe you have been wrongly charged, then it is wise to learn more about the defense options that are available to you.

Can you get a DUI driving a golf cart or buggy in Lancaster?

2026-08-13T15:12:18Z

A driving under the influence (DUI) charge may bring cars and trucks to mind first. In Lancaster County, though, the road may also include golf carts, riding mowers and the occasional horse-drawn buggy. Pennsylvania DUI law does not always care whether your ride came from a dealership, a shed or a stable. Pennsylvania defines a “vehicle” broadly, and its DUI law covers driving, operating or controlling the movement of one while impaired. What you are using matters, but where you are using it matters too.

What Pennsylvania treats as a vehicle

Pennsylvania defines a vehicle as a device that carries or may carry people or property on a highway. The law specifically classifies a golf cart as a self-propelled motor vehicle. The law does not specifically list riding lawn mowers in its DUI rule. Still, a mower might fall within the broad vehicle definition based on how and where you use it. Pennsylvania uses a separate rule for horse-drawn vehicles. When you drive an animal-drawn vehicle on a roadway, you generally have the same traffic duties as other drivers. Using a buggy instead of a motor vehicle does not automatically place you outside DUI law.

Where you use it may affect the charge

Pennsylvania traffic law also looks at location. A trafficway generally includes an area that the public uses for vehicle travel by right or custom. This definition reaches beyond ordinary public streets. Some parking lots may qualify when the public regularly uses them for travel. A private area with restricted access might not fall under the same rule. So, a case involving a mower, golf cart or buggy may depend on more than the device itself. The place where police say the incident occurred could affect how the DUI law applies.

Know which facts may matter

Using an unusual vehicle does not make a DUI allegation less serious. However, the type of vehicle and the location may affect what prosecutors must prove. You might consider keeping records that show where the incident happened and how you used the vehicle. Understanding the rules and preserving those details could help you assess the charge more clearly and prepare for the legal process ahead.

What evidence besides a breath test supports a Pennsylvania DUI?

2026-08-10T09:07:59Z

A failed breath test often comes to mind when people think about a DUI charge. However, prosecutors in Pennsylvania can rely on many other types of evidence. Knowing what they may use can help drivers better understand how these cases are built.

Police observations matter

An officer's observations often play an important role in a DUI case. During a traffic stop, the officer may note signs that suggest impairment. Under Pennsylvania law, prosecutors may present these observations along with other evidence to support a DUI charge. This helps create a broader picture of what happened. Understanding what officers look for makes it easier to see how a case develops. Some examples of evidence may include:

Erratic driving, such as weaving, speeding or failing to stay in one lane
The smell of alcohol or drugs coming from the vehicle or driver
Slurred speech or difficulty answering simple questions
Bloodshot or glassy eyes
Trouble finding a driver's license or registration
Poor balance or unsteady movements when leaving the vehicle

These details may seem minor on their own, but prosecutors often consider them together. Other forms of evidence may also come into play.

Video and witness evidence can strengthen a case

Many police vehicles and officers wear cameras that record traffic stops. These recordings may show how a driver behaved before, during and after the stop. Prosecutors may also use surveillance footage from nearby businesses if it captured the incident. Witness testimony can also become part of the case. Passengers, other drivers or bystanders may describe what they saw before the stop or after the officer arrived. Their statements may support or challenge other evidence. Looking at the full picture helps explain how prosecutors evaluate a DUI case.

Chemical testing is only one piece of the case

Breath tests remain common, but they are not the only evidence available. Under Pennsylvania law, prosecutors may also rely on blood test results, officer observations, witness statements and video recordings when appropriate. Each piece of evidence contributes to the overall case. Understanding the different forms of evidence used in DUI cases can help you make informed decisions if questions arise. Consider reaching out to a legal professional for guidance.

Can an underage drinking charge be expunged in Pennsylvania?

2026-07-21T19:06:37Z

Many people think an underage drinking record goes away once the case ends or after turning 21. Pennsylvania law does not automatically erase an underage drinking record when a person turns 21. A charge or conviction stays on your record unless the court approves an expungement. Knowing the rules early can help a person evaluate how the record may affect future educational, employment and other opportunities.

Underage alcohol offenses that may create a court record

An underage alcohol charge can create challenges that last well beyond the case itself. Common violations include:

Purchasing, possessing or consuming alcohol: Pennsylvania law prohibits people under 21 from purchasing, attempting to purchase, possessing, consuming or knowingly transporting alcoholic beverages.
Using false identification: A person under 21 may face a separate charge for using false identification to purchase or attempt to purchase alcohol.
Driving after drinking: Pennsylvania applies a lower BAC threshold to underage drivers. Drivers under 21 can face DUI charges if their blood alcohol concentration (BAC) reaches 0.02% or more.

The consequences depend on the specific charge and circumstances. A conviction may lead to fines, a driver's license suspension, alcohol safety school and required alcohol-related education or other court-imposed conditions.

Who can qualify for expungement for an underage drinking charge?

Pennsylvania law allows certain underage drinking records to be expunged when the person meets the applicable legal requirements. In many cases, Section 9122 may allow expungement of a Section 6308 conviction when the person: has reached age 21, and has satisfied all terms and conditions of the sentence. Charges that were dismissed, withdrawn or resolved may qualify for expungement under different rules and may not require the person to wait until age 21.

The Pennsylvania expungement process

Expungement takes more than meeting the legal requirements. A person generally must file a petition requesting the court to remove the record. The process usually includes:

Filing a petition: Submit a Petition for Expungement with supporting information in the appropriate county.
Completing the filing process: File the required forms, pay the applicable filing fee and attend a hearing if the court schedules one.
Waiting for the court's decision: A judge reviews the petition and any response from the prosecutor before the final ruling.

The right legal steps can help protect future opportunities. An experienced attorney can review your eligibility, prepare the petition and help guide the expungement process.

A fresh beginning may be possible

Once a person becomes eligible, addressing a criminal record promptly may help reduce questions during future educational, employment or licensing reviews. Because eligibility depends on the charge, case outcome and completion of any sentence, having a lawyer review the court record can help identify the appropriate next step.