Upon conviction for DUI in Pennsylvania, you will pay a large fine, lose your driver’s license, and probably spend some time in jail. You will also have a permanent criminal record.
A Falls DUI lawyer at the McKenzie Law Firm, P.C., can help you fight these outcomes, protect your legal rights, and ensure you make the best possible choices for your future.
You can meet with one of our attorneys to discuss your case at no charge. Call us at 610-680-7842 today to schedule your free consultation.
In Pennsylvania, DUI legislation establishes especially harsh penalties and fines.
Your fines could total up to $10,000 if you have prior offenses—and that figure does not include your court costs and fees. While you may spend anywhere from two days to six months behind bars for your first offense, you can expect to face as much as five years in prison for repeat offenses or aggravating circumstances.
You will also face as much as 18 months’ suspension of your driver’s license. You must complete the Pennsylvania alcohol highway safety program and possibly have to install ignition interlock devices on your vehicles. In some cases, the judge can compel you to report for rehab.
In the long term, the conviction will remain on your record permanently, with few options for expungement. Whenever a potential employer or landlord runs a background check, they will know all about your past crime.
Our lawyers can help you beat these charges. Even if you believe you have no options, a DUI arrest does not automatically equate to a conviction.
Before accepting your fate, contact us to explore your options. Our lawyers will protect your legal rights and ensure that you understand what a conviction would mean for you. We can also explain your options, so that you can make the best choice for your future. Our knowledge and experience could potentially mean the difference between going to jail and having your charges reduced or dismissed.
Once we have a chance to analyze the evidence in your case, any violations of your legal rights or established guidelines can provide an opportunity for negotiation with the prosecutor.
In many cases, the prosecutor will agree to reduce the charges or potentially even dismiss them. If it makes sense in your circumstances, we can help you take your case to court to fight for your future.
In Falls, DUI penalties follow a three-tier system. You can see the specific penalties for each level of DUI in the table below.
You may face additional charges if your blood alcohol content (BAC) level exceeds 0.16 percent or if you have an open container of alcohol in your car.
Upon conviction, your DUI becomes a part of your permanent record and, until you reach an advanced age or pass away, you will likely be unable to have the conviction expunged from your record.
Consequently, you have many good reasons for fighting these serious charges.
Depending on the circumstances of your arrest, we may use one or more of the following strategies for your defense.
We could argue that the arresting officers did not have a valid reason for making a traffic stop, if they lacked reasonable suspicion that you broke the law in some way. Simply suspecting that you had been drinking is not enough; they must have a reasonable belief that your BAC exceeded the legal limit. If we can demonstrate that the police lacked reasonable suspicion, it could invalidate the traffic stop.
After making a traffic stop, the police must establish probable cause before they can make an arrest and request that you submit to BAC testing. If the police used field sobriety testing to establish probable cause, they must have complied with federal guidelines for field sobriety testing. Otherwise, the court could disallow any subsequent evidence—including your BAC results.
If the police failed to follow established protocols for BAC testing, it could invalidate the test results. The equipment and testing procedures must comply with federal rules for evidential breath testing. In addition, the technician who administered the test must have specific training and a valid certification. Any deviations from these requirements will invalidate the results.
The sooner you contact one of our lawyers, the sooner any flaws in the prosecution’s case may come to light.
If this is your first offense, you may qualify for participation in the Wyoming County accelerated rehabilitative disposition (ARD) program. This program gives non-violent, first-time offenders a second chance after a DUI.
You must apply to the program with the help of one of our lawyers—and ARD offers no guarantees of acceptance. If the District Attorney (DA) approves your participation, you must agree to comply with all of the program requirements and pay the related fees.
Once you complete the program, you may qualify to have your record expunged.
Although ARD does not accept every applicant, it may offer you a preferable alternative to the penalties that come with a conviction.
When you trust the McKenzie Law Firm, P.C., to represent you, you will have the peace of mind that comes from having your legal rights protected. We will act as your advocate and provide the information and insight you need to make the right choices.
Attorney David C. McKenzie III has experience as a criminal prosecutor as well as a DUI attorney. He knows how the prosecution thinks and builds their case and he can put that insight to work for your benefit.
We offer complimentary case reviews to allow you to speak directly with a Falls DUI lawyer about your charges. Call us today at 610-680-7842 to learn more.
