Well Penn State University, the 11th member of the Big Ten, has a solution. According to the Associated Press, the Nittany Lions have promulgated new tailgate party rules. So when you head up to State College this fall you’d better be sure to pay close attention. As a public service to our readers, here is the rule in a nutshell:

If you party on the concrete parking lots, you can drink. If you party on the grass parking lots, you cannot drink.

Forewarned is forearmed.

I wrote about the question of chemical testing and the doctrine of implied consent in an earlier post. The field breath test he refused to take is not the same as chemical testing. The field test is known in Pennsylvania as a Preliminary Breath Test (PBT). In Pennsylvania, the PBT does not trigger the implied consent question. The result of a PBT is not admissible at trial in Pennsylvania.

Apparently Barkley cooperated with police. In a comment to the Associated Press, he also expressed his regret at the event, but did not offer any further comment. This was Barkley’s first DUI arrest.

If Charles had been arrested in Chester, Delaware or Montgomery Counties in Pennsylvania, I would talk to him about an important first time offender program: ARD. ARD offers a diversionary plan of treatment and community service that results in a shorter license suspension, no jail time and no criminal record. The individual can even have the record of the matter expunged upon completion of the ARD program. In most first offense cases,  ARD represents the best way to proceed. Its short and long term benefits are significant, and the process is less costly and faster.

Before the police officer administers the test he is to read the person an “implied consent warning”. The big deal here is that a refusal to be tested results in a license suspension. A mandatory one year license suspension. Whether you are guilty of DUI or not.

A couple of years back, I represented someone who refused to take the test. His license was suspended for one year. The problem here was that he believed he was not guilty of DUI. I believed him too. All the facts suggested he was not guilty. My client had an attitude the night he was stopped, and his refusal to be tested cost him his license. The irony here is that he was found not guilty at trial. In all likelihood, if he simply took the test, the charges ultimately would have been dropped. This would have been less expensive to him than the a trial. And he would not have lost his license for a year.

The type of test administered is the choice of the police. So if they want to draw blood at a hospital and you are afraid of needles, you do not get to ask them to substitute a breath or urine test. That could be considered a refusal. As far as the breath test goes, you need to be very careful with these. If you don’t provide a sufficient breath sample to register on the machine, the police will count this as a refusal, and the courts back them up on this. If you have a respiratory problem you’d need a competent expert to testify to this.

For DUI testing the police are looking for your BAC (blood alcohol concentration) or the presence of drugs. The legal limit in Pennsylvania is a BAC of 0.08%. My main site has a chart that shows the penalties for DUI based on BAC or drugs.

It is also a time when the spirits tend to flow rather freely. Thus, it is a time to be extra careful when you party. I’ll admit it, sometimes there is nothing as good as a spiked egg nog, a chilled Stoli, or a couple of fingers of a good Irish whiskey. But PLEASE drink responsibly. The weather is bit worse and the roads are slippery. Our curving roads in Chester, Delaware, Montgomery, Berks and Lancaster Counties here in Pennsylvania can be especially dangerous. When you combine dangerous road conditions and drinking you have created a recipe for tragedy. Don’t be a statistic this holiday season.You don’t want to hurt anyone, and you are a responsible person. But sometimes people let up at this time of year. Don’t be one of those people.

And even if no one gets hurt, drunk driving is a serious crime, and the law treats it as such. If you’re stopped for suspected DUI, you can be sure the authorities will not be treating you in the holiday spirit. You can lose your license, go to jail, have a criminal record, even lose job opportunities.

From a practical standpoint, this is a time of year when the police, out of regard for our safety, will establish DUI checkpoints. You really don’t want to risk ruining your Holidays with an arrest for DUI. Of course some folks will chuckle and say they can drive perfectly well with a couple of drinks in them. My legal experience does not bear that claim out. So, if you ignore this piece of advice and you are stopped this season, please check out my main website to see how we can help.

Here’s hoping you do not need my services this holiday season. All the best!