John D. Sisto, P.C.

When is a Pennsylvania DUI considered a felony offense?

2026-05-16T21:17:19Z

Many people accused of driving under the influence DUI offenses expect to receive a slap on the wrist. They do not think of the matter as a serious offense and might even plead guilty before they assess the situation fully. Despite what people might presume, DUI charges are relatively serious legal matters. Between the penalties the courts can impose and the criminal record they generate, DUI charges can have profound financial and professional effects on the motorist accused of impairment. While first and second DUI offenses are often misdemeanors, they are still serious allegations that warrant an assertive response. In some cases, Pennsylvania state prosecutors may even be able to pursue felony charges instead of misdemeanor DUI charges. What specific circumstances may justify a felony DUI charge in Pennsylvania?

Multiple prior offenses

Recidivism, or repeatedly breaking the same law, is common for those whose crimes may relate to substance abuse disorders. People facing DUI charges may struggle to regulate their alcohol consumption. People with one DUI conviction have an above-average risk of subsequent charges for the same infraction. Anyone with two or more prior DUI convictions is at risk of a felony DUI charge. A third DUI within 10 years with an especially high blood alcohol concentration (BAC) of 0.16% or more could be a third-degree felony, which carries up to $15,000 in fines and seven years in prison.

Charges stemming from injuries or death

Some people get arrested for DUI offenses at the scene of a car crash or at the hospital as they seek treatment after a collision. If people involved in collisions fail chemical testing or appear visibly intoxicated after the wreck, state prosecutors can potentially bring a felony charge against them. A DUI involving serious bodily injury is a second-degree felony that carries up to $25,000 in fines and 10 years in prison. Pennsylvania statutes allow for felony charges in cases where impaired drivers cause serious injuries or death. Any driver accused of a DUI might benefit from a consultation with a DUI defense attorney. A homicide by vehicle while DUI is a first-degree felony that carries a mandatory minimum sentence of three years per victim and up to $25,000 in fines. Those at risk of felony DUI charges face more serious penalties and more social stigma if they end up with a felony criminal record. Retaining the services of a DUI defense attorney can help those facing drunk driving allegations understand the state's case and develop an appropriate defense strategy accordingly.

What assets are marital property in Pennsylvania?

2026-05-16T20:50:52Z

Divorce has a profound financial impact on spouses. In addition to paying for legal representation and time in court, they also need to divide their property with one another. Pennsylvania is an equitable distribution state. A judge attempting to resolve disputes about property division looks at the totality of the marital estate to decide the most reasonable and just way of splitting both marital assets and marital debts. Identifying marital property is a critical early step in that process. Spouses sometimes disagree about what assets are marital and what either spouse can keep as separate. Understanding this distinction can facilitate a less contentious property division negotiation process.

Most property acquired recently may be marital

The marital estate in Pennsylvania includes the income earned by both spouses throughout the marriage and any assets purchased with that income. Spouses also share any debts that they accumulate while married. The name on account paperwork or on the title for a vehicle does not make that property the separate possession of one spouse. The nature of the funding used to acquire the asset and the timing of the purchase or deposit into the account determine whether it is marital or separate. Spouses with clear financial records can potentially preserve certain resources as separate. Assets owned before marriage or received as a gift or inheritance may belong separately to one spouse. They may have protected certain assets with a prenuptial or postnuptial agreement. Even a personal injury settlement, with the exception of compensation for lost wages, may belong solely to one spouse. However, to exclude those assets from the marital estate, they generally need to provide financial records showing that they did not commingle those assets with marital property. Retirement accounts, including accounts started before marriage but partially funded during marriage, are typically marital property. Real estate, including the marital home, is usually marital property. Even if one spouse owned it before marriage, any value appreciated during the marriage may be divisible in a divorce. Assessing financial records carefully is of the utmost importance for a fair property division settlement. Spouses preparing for divorce often require guidance as they identify marital assets, value those assets and then pursue an equitable property division settlement, and that’s okay.

Are Field Sobriety Tests Mandatory During a DUI Stop in Pennsylvania?

2025-11-03T15:39:36Z

Seeing flashing police lights in your rearview mirror is a stressful experience for anyone. If an officer suspects you of driving under the influence (DUI), that stress can quickly escalate. You might be asked to step out of your car to perform a series of roadside exercises. This often leads to a crucial question I hear from my clients: "Did I have to take those tests?"

As a defense attorney here in Altoona, I want to provide some clarity on this common situation.

What Are Field Sobriety Tests?

First, it's important to understand what these tests are. Standardized Field Sobriety Tests (FSTs) are a set of three physical and cognitive exercises that police use to gather evidence of impairment. These include the horizontal gaze nystagmus (an eye-tracking test), the walk-and-turn, and the one-leg stand. Officers use your performance on these tests to help them establish probable cause for a DUI arrest.

Are You Required to Take Them in Pennsylvania?

The direct answer is no. In Pennsylvania, you are not legally required to submit to field sobriety tests. These tests are voluntary. It is your right to politely decline the officer's request to perform them.

It's important to distinguish FSTs from chemical tests (a breathalyzer or blood test). Pennsylvania's "implied consent" law means that by having a driver's license, you have already agreed to submit to chemical testing if lawfully arrested for DUI. Refusing a chemical test carries serious and automatic penalties, including a license suspension. Refusing FSTs does not.

Should You Refuse Field Sobriety Tests?

Many factors can make it difficult to "pass" FSTs, even if you are completely sober. Nerves, physical limitations, medical conditions, poor lighting, or an uneven road surface can all affect your performance. Because the tests are subjective and evaluated by the officer on the spot, you are often at a disadvantage. By declining to perform the tests, you limit the evidence that can be used against you.

Take Control of Your Defense, Let [nap_names id="FIRM-NAME-3"]Help You

If you have been arrested for a DUI in Altoona or the surrounding communities, understanding your rights is the first step toward building a strong defense. I can help you analyze the details of your traffic stop and challenge the evidence against you.

Don't navigate this alone. For experienced legal guidance, call my office today at [nap_phone id="LOCAL-CT-NUMBER-1"] or fill out my online contact form to schedule a consultation.

How does a court determine a child’s best interests?

2023-05-26T10:33:56Z

In some cases, parents who are getting divorced can agree on child custody arrangements without judicial intervention. They may work together to set up a schedule to share time with their kids. The court has to approve the schedule, but the parents are largely in control of crafting it, as long as they are both on the same page. However, there are many cases in which parents are at odds, such as when they both want sole custody. The court will then make the decision, and it will look at the child’s best interests when doing so.

Different factors that it will consider

Deciding what is in a child’s best interest simply means looking at all of the relevant factors of the case and trying to figure out what custody solution would be best for them. For instance, courts often assume that it is best for a child’s development if they’re involved with both parents, which is why shared custody is now the norm. Here are some other factors that the court may consider when contemplating its decision:

The child’s age
The parents’ age and health
Any special needs that the child has
The child’s gender
What the child’s preference would be if asked
Where the child goes to school
What the living situations are like with both of the parents
If there is evidence of criminal activity or abuse
The child’s relationship with extended family members
The parents’ roles in the family before their divorce

What this means is that the decision that the court will make may not necessarily be in line with what either of the parents want. In the example above, if they both wanted sole custody, but they are likely both going to be disappointed when they’re ordered to share custody. This is because the court is focused on the child and not the parents.

Exploring your options

Going through a divorce can be complicated, especially if you’ve never done it before. Make sure that you know exactly what legal steps to take when determining custody. Seeking legal guidance as proactively as possible is important, regardless of whether you plan to negotiate or litigate your situation.

Different stages in life can inspire different reasons for divorce

2023-02-28T09:46:56Z

There are many different reasons why spouses may begin to contemplate divorce, and some of them may have to do with the stage of life that the couple is in. For instance, baby boomers are currently experiencing a rising divorce rate. This is the only age group that is experiencing this particular trend, at present. Older couples who are splitting up are going to have different financial concerns than younger couples, so their divorce process is going to look much different. But the reasons that these couples may choose to file for divorce in the first place may be just as different as the solutions that they seek during divorce negotiations.

Getting married too young

One thing to consider is that there are links between the age at which someone gets married and their odds of getting divorced. The ideal age, according to some sources, is 32. Those who get married before they are 32 years old may feel like they have made a mistake. Young couples sometimes feel the relationship change simply as they get to know each other better, and they may also face financial issues that would not necessarily be as common for older couples who have amassed more significant assets.

Becoming empty-nesters

On the other hand, these older couples may have already had children who have moved out of the house. Empty nest syndrome can sometimes lead to divorce because parents have to find out how to relate to each other differently when there are no longer kids in the house with them. They may also find out that they’ve drifted apart since they were younger. No matter what, it’s very important for couples who are splitting up to carefully consider the stage in life that they are in and what goals they have for their divorce. They can then begin working toward those goals and exploring all of their legal options in order to achieve them efficiently and effectively.

Your BAC was below the legal limit, so why did you get a DUI?

2022-11-23T22:20:24Z

You have always enjoyed your time with friends and family, and it isn’t unusual for you to have a couple of beers while you’re out – but you’ve always been careful to keep to your limits and you quit drinking well before you have to get back on the road. That’s why you weren’t particularly concerned when you were pulled over for a traffic stop and the officer started asking you questions that clearly indicated they felt you might be intoxicated. You knew you probably said more than you should have about where you’d been and what you’d been doing, but you were confident that your blood alcohol content (BAC) was below the legal limit of 0.08% – and it was. So, why did you end up in handcuffs, charged with driving under the influence (DUI)?

“Too drunk to drive” is a nebulous standard

A lot of people incorrectly believe that they can only be charged with drunk driving if their BAC exceeds that 0.08% marker – but that’s merely the “per se” limit that automatically equates to drunk driving. An officer needs no other evidence than a reading that high or higher on a Breathalyzer device or other chemical testing to make an arrest. However, state law says that you cannot be in control of a vehicle if you’ve had enough alcohol that you are “rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.” That means an officer can base their arrest on things like:

The driving behavior that initially attracted their attention and prompted the traffic stop, whether that was an obvious violation (like running a red light) or something that was merely suspicious (like driving too slowly or pausing far too long at a stop sign)
Your conduct during the traffic stop, which could include anything from inappropriate or belligerent behavior to slurred speech, bloodshot eyes and fumbling for your license and registration too long. If you agreed to roadside sobriety testing, like the one-legged stand test, and failed, that could also be used against you.

Whatever the specifics of your situation, don’t let an arrest turn into a conviction without a fight. There are defenses available.

What happens to your property in a Pennsylvania divorce?

2022-09-06T10:05:06Z

When your spouse brings up divorce, you may have a hard time even considering the idea. It can be difficult to picture your daily life without the presence of someone with whom you have shared many years, if not decades. Even if your relationship has not been great in recent months, you may still have a deep attachment to your spouse. It is quite common for people to experience intense emotional responses when they learn that their spouse wants a divorce. People often worry about the economic uncertainty that comes with a major life transition and feel concerned about their financial future. Especially if you don't have a marital agreement with your spouse, you may feel like you have no way of knowing what will happen with your property when you divorce and what financial resources you will have after your marriage. If you understand how Pennsylvania divides property in a divorce, you may feel a little more confident about moving on with your life.

In Pennsylvania, you either agree or pursue a fair outcome

Spouses still have the right to set their own property division terms at any point before the courts issue a final order. Even if things start out contentious, you may eventually come to an agreement about the best way to divide your property. You can save yourself a lot of time and frustration if you and your ex can cooperate with one another and file an uncontested divorce. Tools like mediation can make it easier for you to overcome your current disagreements and reach appropriate solutions for your retirement accounts, real estate and other valuable assets. If you are unable to reach an agreement with your spouse, then you will have to litigate property division matters. The Pennsylvania family law judge will hear about the details of your marriage and the property that you share to decide the best way to divide those assets. State law imposes an equitable distribution rule. A judge should focus on what would be fair, not necessarily on an even split. Factors ranging from your child custody arrangements to your individual income can influence what a judge decides is appropriate and fair when dividing your property. Learning about Pennsylvania divorce laws can help you understand what to expect as you work toward marital dissolution.