Have You Been Arrested, Charged, Or Indicted In Harrisburg, Pennsylvania?
If you have been arrested for driving under the influence (DUI) you have a legal process ahead of you that demands the attention of a knowledgeable and experienced DUI attorney who can defend you and minimize the drunk driving penalties you face. This is not a matter you undertake on your own, as the penalties can be stiff and they may have a significant impact on your life and that of your family.
From their offices in Camp Hill, PA, Grace Legal has a team of DUI lawyers who can represent you in Harrisburg PA, Dauphin County, York County, Lebanon County, Cumberland County, and all of Central Pennsylvania.
DUI FAQs
What Happens If I Have Been Arrested For DUI?
Once you have been arrested, you have a constitutional right to remain silent. You should avail yourself of this right until you have had the opportunity to consult with and retain a DUI defense attorney.
You will be transported to the nearest police station. The police may have already conducted a “field sobriety test” on you to determine if you are intoxicated. Nonetheless, they may seek to do additional testing such as:
- Breath test
- Blood test
- Urine test
Take note, that by virtue of driving in the state of Pennsylvania, you have agreed (by law) to take these tests to determine your “blood alcohol content” (BAC). If you refuse, you could face additional charges and penalties.
What Constitutes Driving Under The Influence (DUI) In Pennsylvania?
Pennsylvania’s DUI laws prohibit driving or being in actual physical control of a vehicle while under the influence of alcohol or drugs or with any amount of controlled substances in your blood.
Under the influence can be:
- Impairment. A driver is “under the influence” of drugs or alcohol if they are rendered incapable of safely driving.
- “Per Se” DUI. Driving in Pennsylvania with a blood alcohol content of at least .08% is considered a “per se” DUI. This limit is lowered to .04% for commercial drivers and to .02% for drivers under 21 years old.
In order for the prosecutor to obtain a conviction for DUI, they will most likely seek breath, blood or urine testing in addition to any field sobriety test conducted when you were pulled over.
How Can My DUI Arrest Be Challenged In Court?
Your Grace Legal criminal DUI attorney will evaluate the facts of your case and advise you on how to mount an effective criminal defense to the DUI charges. There are several factors to consider:
- The traffic stop. Was the traffic stop of your vehicle legal? There are legal considerations to examine if the officer had the legal right to stop your car. If not, this may be grounds for dismissing the case against you.
- The evidence against you. The prosecutor will want to use the field sobriety test, breath test and/or blood and urine tests against you to make their case. However, a DUI lawyer will be able to examine this evidence to determine if the evidence was legally obtained and is accurate and reliable.
Like any criminal trial, you and your DUI defense attorney are entitled to examine all the evidence against you and aggressively work to have evidence suppressed if it was not legally obtained. The burden is on the prosecution to prove your guilt beyond a reasonable doubt. The criminal charges against you cannot stand if the prosecutor cannot meet this burden of proof.
What Are The DUI Penalties?
- 0.08-0.09% BAC: Every county in Pennsylvania sentences DUI charges differently. Generally, for a first offense, you can face a minimum of $300 in fines and probation for up to 6 months. In addition, you may be ordered to attend an alcohol safety school. Generally, for a second offense, fines between $300-$2,500, 5 days to 6 months in jail, and license suspension for 12 months. Generally, for a third offense, fines of $500-$5,000, 10 days to 2 years in jail, and a 12-month license suspension.
- 0.10-0.159% BAC: Generally, fines of $500-$5,000, no less than 48 hours and up to 6 months in jail, and license suspension for 12 months, and. Again, you may also have to attend an alcohol safety school. Second offense, fines between $750-$5,000, 30 days to 6 months in jail, and a 12-month license suspension. Third offense, fines of $1,500-$10,000, 90 days to 5 years in jail, and an 18-month license suspension.
- 0.16% BAC and up: Generally, fines of $1,000 to $5,000, driver’s license suspension for 12 months, and a minimum of 72 hours to a maximum of 6 months in jail. Further, alcohol safety school also applies. Second offense, fines of $1,500-$10,000, 90 days to 5 years in jail, and an 18-month license suspension. Third offense, fines of $2,500-$10,000, 1 to 5 years in jail, and a license suspension of 18 months.
What Are Ignition Interlocks and Limited Driving Privileges?
All drivers who receive a license suspension for a DUI conviction or a test refusal must maintain an ignition interlock device (IID) for at least one year after reinstatement.
However, the driver can install the IID during the suspension period to restore limited driving privileges. The offender must generally serve at least half of the suspension period prior to applying for the IID-restricted license. First-time offenders are immediately eligible for the IID license.
What is the Accelerated Rehabilitative Disposition (ARD) Program?
Pennsylvania has a special pre-trial intervention program that reduces the consequences of a DUI offense. To be eligible, the offender must not have any prior DUIs within the last ten years and the current offense must not involve an accident or any passengers under 14 years old.
If accepted in the program, the offender may be required to complete:
- Six to twelve months of court supervision
- Loss of license for a period of time depending on BAC
- A state-approved alcohol highway safety school program
- An alcohol and drug evaluation
- All recommended treatments (treatment required if BAC of .16% or more)
- Community service
- Pay costs and fees for the ARD program, which may range anywhere from $1,500-$3,000
The participant’s license will be suspended but for less time than would otherwise be the case for a DUI conviction. Following successful completion of the program, the court can dismiss the DUI charge.
Do I Need a DUI Defense Attorney?
You always have the right to represent yourself in any case where you have been arrested or accused of a crime. However, criminal law and DUI laws in Pennsylvania are complex. In order to have an effective DUI defense, you should retain the services of DUI lawyers like those at Grace Legal.
Grace Legal will aggressively fight the charges against you and will be open, honest, and transparent with you with regard to what is the best strategy based on the facts. With a Grace Legal lawyer, you will get an effective DUI defense.
