If you plead guilty to a DUI in Pennsylvania without a lawyer, you can be left without the options you might have had if you had help from a lawyer who understands your rights and how to fight to protect them.
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Some defendants who are accused are also confident that they can handle the case on their own, especially if they plan to just plead guilty to the charges. The court will allow you to handle your DUI case without a lawyer. Unfortunately, effective DUI defense requires a great deal of specialized knowledge.
While it may seem expensive to hire a lawyer many law firms such as, San Diego Defenders, take little to no money down and offer payment plans. If you or a loved one has been charged with a DUI, please contact our office at (619)258-8888 for a free and confidential consultation with an experienced attorney. Tags: criminal defense attorney ...
Pennsylvania takes DUI very seriously. In order to discourage minors from drinking and driving they have instituted tough laws to combat any underage drinking. If you are caught drinking under 21 years old you will face these minimum penalties: A $500 fine. Court costs. Driver's license suspension: 1st offense: 90 days. 2nd offense: 1 year.
Nov 02, 2012 · A: The law states that any conviction for a DUI shall result in at least a one (1) year license suspension. However, in certain cases, an Occupational Limited License (bread-and-butter license) may be approved by Penndot.
Penalties for DUI are broken down by the BAC level. Those who refuse a chemical test or are found to be under the influence of a controlled substan...
Those convicted of a DUI under the age of 21 years old will: 1. Have their license will be suspended for 1 year. 2. Go to jail for 2 days to 6 mont...
1st offenses for high or highest BAC may qualify for the AcceleratedRehabilitative Disposition (ARD) program. If you are accepted into the program...
An Ignition Interlock Device (IID) is required after an individual is convicted of a 2nd or subsequent DUI offense. When you are eligible for an II...
When you face criminal charges, you always have the right to an attorney. In fact, this is one of the rights that police will inform you of when they read your Miranda warning after your arrest. The reason you have the right to a lawyer is because the U.S. court system has many complicated legal requirements.
Although you have the right to an attorney, you don’t have to exercise this right and you can defend yourself. This is called pro se representation. You will need to study the laws applicable to drunk driving cases and will need to make informed choices at every step of the way.
In order to discourage minors from drinking and driving they have instituted tough laws to combat any underage drinking. If you are caught drinking under 21 years old you will face these minimum penalties:
If you do not have a license at the time you are charged with underage drinking, you will be prevented from applying for one until your suspension time is over.
In a nutshell, Act 24 made it easier for law enforcement to confront the drinking and driving problem by dropping the legal blood alcohol content limit for drivers down to 0.08% , and it introduced alcohol treatment into the penalty package.
Driver's license suspended for 1 year.
If you are accepted into the program you will be required to attend 12 1/2 hours at the Alcohol Highway Safety School as well as enroll in drug and/or alcohol treatment.
A: The law states that any conviction for a DUI shall result in at least a one (1) year license suspension. However, in certain cases, an Occupational Limited License (bread-and-butter license) may be approved by Penndot.
This penalty is in addition to the penalties for DUI. Upon receipt of the suspension letter, you have 30 days to appeal the suspension to the Court of Common Pleas, in which a hearing will be held to decide if the police followed proper procedures in the case.
However, if you answered questions that could incriminate you and Miranda was not given, you could file a Motion to Suppress to attempt to have your statements thrown out of court. The case will not be dismissed for lack of Miranda warnings, just the incriminating statement.
A Mandatory sentence means that a judge has no discretion and must sentence an individual to jail time which can range from 2 days in jail to 1 year, depending on prior record.
If there is other evidence that the vehicle was driven, the police do not necessarily have to observe you driving. However, the defense case is stronger when there are no driving observations as Pennsylvania Courts have consistently held that more evidence is needed than the defendant found behind the wheel with the motor running.
However, the defense case is stronger when there are no driving observations as Pennsylvania Courts have consistently held that more evidence is needed than the defendant found behind the wheel with the motor running.
A: Yes . The DUI law encompasses intoxication by alcohol, illegal drugs, prescription medication, or a combination of alcohol and drugs. If a blood test reveals that you had medication in you system to such an amount that it could impair your driving, then you can be charged with DUI.
A DUI could mean losing your license to practice law.
An experienced DUI Attorney in Pennsylvania can help you navigate the legal system and understand what you are up against and how to battle the charges – with the goal to have them reduced or dismissed. An attorney can also prepare documents or help you prepare for interviews the licensing board of your profession may require, in addition to legal matters in the Commonwealth of Pennsylvania.
CDL Holders / Truckers and School Bus Drivers: In Pennsylvania, the average driver can be charged with DUI with a BAC level of .08% or higher . However, CDL holders can be charged with DUI at a mere .02% BAC level. A single beer could ruin your life, even if you are driving your own personal vehicle at the time of arrest.
A CDL holder convicted of DUI in PA can be punished by: two days to up to six months in jail, fines from $500 – $5,000, an automatic one-year CDL disqualification, and a 12-month driver’s license suspension.
It is not only your professional license at risk, but there are also tough penalties for DUI convictions in Pennsylvania, including jail time, fines and losing your driver’s license.
Pilots: Airline pilots convicted of DUI / DWI must report to the Federal Aviation Administration (FAA) within 60 days.
An attorney can also prepare documents or help you prepare for interviews the licensing board of your profession may require, in addition to legal matters in the Commonwealth of Pennsylvania . Your profession is something you worked hard to achieve and one mistake should not be able to wipe it all away.
If you’re not sure, an attorney can help recognize these facts and help you come up with a plan of action, including representing you at trial if necessary.
If there is evidence of your innocence, or significant penalties for being guilty, you may want to hire a DUI lawyer.
Getting a reduced sentence. Where judges have discretion in handing down punishments, sentence bargaining may help you get a lesser sentence. However, even if a judge has discretion they don’t always use it. Many see so many DUI cases they don’t have time to look carefully at each one, so they stick with a standard sentence for nearly all DUI first ...
Procedural problems with your arrest, like not reading you your Miranda rights In cases like these, an attorney may be able to get the charges thrown out or reduced. Local DUI attorneys generally have a good idea of how the prosecutor works and what arguments are most likely to win a reduced plea.
If your case is more than just a misdemeanor DUI, having an attorney becomes more important. Some situations can turn even a first-time DUI into a felony: These and other factors are serious and can lead to a year or more in prison, among other penalties.
Causing injuries. These and other factors are serious and can lead to a year or more in prison, among other penalties. An experienced DUI attorney may have a better chance of reducing your plea or sentence than you would on your own.
In these cases, an attorney may not be able to do much for you. However, if there are any facts about your case that may increase your penalty, such as an extremely high BAC or an accident, or aspects that might decrease your penalties, such as procedural issues during your arrest, you may want to hire a lawyer.
Experienced DUI attorneys can often whittle down the standard offer by pointing out weaknesses in the prosecution's case or bringing mitigating factors to the prosecutor's attention. An attorney's familiarity with local practices, the district attorney, and the judge can also help with these types of negotiations.
Most defendants see the price as the major drawback with private lawyers. Hiring a private DUI lawyer will generally cost you between $1,000 and $5,000. If your case goes to trial, it can be even more expensive. (And there are cases where spending the money for a private lawyer won't get you a more favorable outcome than had you gone with the public defender.)
Private Lawyers. When you hire a private DUI lawyer, it's typically to represent you in DMV proceedings and criminal court. Having the same attorney work on both aspects of your case can lead to better outcomes, including a shorter license-suspension period.
Hiring a private DUI lawyer will generally cost you between $1,000 and $5,000. If your case goes to trial, it can be even more expensive. (And there are cases where spending the money for a private lawyer won't get you a more favorable outcome than had you gone with the public defender.)
Public defenders handle a large number of criminal cases, including lots of DUIs. So, most public defenders are quite familiar with DUI law and defenses. Public defenders are generally well acquainted with the district attorneys and judges and know their tendencies—knowledge that can be beneficial for plea bargaining.
Generally, an offense is considered a "standard first DUI" if the offender has no prior DUI convictions and the offense didn't involve any aggravating factors such as accidents, injuries, or a particularly high blood alcohol concentration ( BAC ).
Most DUI lawyers give prospective clients a free consultation. But even if you have to pay a small fee, it's likely money well spent. Bring your police report and any other case documents you have to the consultation to make the best use of your time.
DUI law is complicated and the facts of each case are different. So, if you've been arrested for a DUI, get in contact with an experienced DUI lawyer. A qualified attorney can tell you how the law applies in your situation and help you decide on how best to handle your case.
Pennsylvania's DUI law prohibits driving or being in actual physical control of a vehicle while: having a blood alcohol concentration (BAC) of .08% or more. having any amount of a Schedule I or II controlled substance in the body, or. impaired by drugs or alcohol to an extent that it affects the person's ability to operate a vehicle safely.
DUI based on impairment or a BAC of at least .08% but less than .1%. A first DUI conviction where the driver was convicted based on impairment or having a BAC of .08% or more but less than .1% is a misdemeanor. A convicted driver is looking at $300 in fines, a six-month term of probation, and up to six months in jail. The motorist will also have to complete an alcohol safety class and may be required to participate in substance abuse treatment.
Penalties for a First DUI. The consequences of a first DUI conviction—which can be the result of a plea bargain or being found guilty after a trial —differ depending on the facts of the case. But generally, the possible penalties include: DUI based on impairment or a BAC of at least .08% but less than .1%.
In addition to the penalties mentioned above, the convicted motorist is looking at least $1,000 in fines and 100 hours of community service.
The convicted driver is looking at 48 hours to six months in jail, $500 to $5,000 in fines, and a 12-month license suspension. The motorist will also have to complete an alcohol safety class and may be required to participate in substance abuse treatment. (Also, read about Pennsylvania's homicide-by-vehicle laws .)
impaired by drugs or alcohol to an extent that it affects the person's ability to operate a vehicle safely. Generally, a driver is deemed to have violated the law if a chemical test conducted within two hours of driving shows a BAC that's above the legal limit .
If you do not choose to negotiate a plea and your case goes to trial, your attorney will have several lines of defense depending on the circumstances of your case. A few of these are: The police did not have probable cause to stop you.
Depending on your blood alcohol content at the time of your DUI arrest, your punishment for a fourth DUI or more includes thousands of dollars in fines as well as prison time. In addition, the court may require you to undergo substance abuse treatment as part of your sentencing. Due to Pennsylvania’s minimum sentencing guidelines ...
Hiring an experienced Pittsburgh DUI attorney for your case is one of the most important things to do. A fourth DUI is a serious charge and you could be facing years in prison and thousands of dollars in fines, setting you back from your future. A defense attorney can help assess the evidence against you and negotiate with the Commonwealth to get the best possible outcome for your case.
It’s important to show this paperwork to your attorney so he or she can see your exact charges. After that, your preliminary hearing date will be set. This is the first court appearance on your case and it is critical because at this hearing your options, including a plea negotiation or a trial, will be determined.
The police did not have probable cause to stop you. The police did not have probable cause to test you for DUI. The results of your chemical test (blood, breath or urine) were not accurate. The testing equipment used was flawed.
It’s also possible that you will face being dropped by your insurance provider due to risk. You will have a criminal record. You may be given an enhanced sentence carrying harsher punishment if you caused an injury or death by driving drunk. You will also risk being sued for damages in a civil court.