what happens if don't have a lawyer for a dui in penna

by Dexter Batz 4 min read

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.

Full Answer

Do I need a lawyer for a DUI sentence bargain?

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.

What are the DUI laws in Pennsylvania?

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 ...

What happens if you get a DUI Under 21 in PA?

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.

Should I hire an attorneys specialized in DUI cases?

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.

Do I need a lawyer for DUI in PA?

There is no requirement in Pennsylvania that you hire an attorney to defend against DUI charges. But it is a big gamble – and maybe a big mistake – to go to court without legal counsel. There is urgent work to do to protect your rights and prepare your defense.

Can a DUI be dismissed in PA?

Failure to Provide Complete Discovery: Your charges could be dismissed if all required evidence from the police is not submitted to the judge. Your Right to a Speedy Trial: If the Commonwealth of Pennsylvania exceeds the limited amount of time to try your case, it could be dismissed.

Can DUI charges be dropped in PA?

It is important to remember that any DUI case can potentially be fought and won in court, regardless of Blood Alcohol Content (BAC) level at the time of arrest. It is possible to reduce DUI sentencing and fines or have them dropped altogether.

Is jail time mandatory for 1st DUI in PA?

There is no mandatory jail time or loss of driver's license for a first offense, general impairment DUI.

What is the new DUI law in Pennsylvania?

The following outlines specific components of the new law, and changes from the previous law that impacts DUI drivers. The Blood Alcohol Content (BAC) level for per se* DUI is lowered to . 08%. Penalties for DUI will be based on BAC and prior offenses.

What is the new DUI law in PA?

Under new 2022 state law, a typical first offense DUI charge in Pennsylvania will carry well over $10,000 in fines after you have paid bail, fines, fees, increased insurance rates and more.

What Can a DUI be reduced to in PA?

Reckless Driving Alcohol Related
In some instances Pennsylvania DUI charges can be reduced from DUI to Reckless Driving Alcohol Related, also known as 'wet reckless'. This reduction of charges is only possible if circumstances surrounding your case allow for it.

How do you beat a DUI in PA?

The best strategy to avoid any license suspension time is to hire a qualified and experienced DUI attorney to successfully fight your charges. Many counties in Pennsylvania have a program for certain first time offenders called Accelerated Rehabilitative Disposition, or ARD.

How long do police have to file DUI charges in PA?

DUI offenders are to be released promptly following arrest unless: 1) they pose a danger to themselves or others; or 2) the arresting officer has reasonable grounds to believe they will not appear in court as required. Upon release, a criminal complaint shall be filed within 5 days.

How long do you lose your license for first DUI in PA?

If you plead guilty to a first-offense DUI in Pennsylvania, you are subject to loss of license for one year. You will still be able to drive during all or part of your license suspension period if you install an ignition interlock device on your vehicle.

What happens at a DUI arraignment in PA?

FORMAL ARRAIGNMENT – DUI IN PA

At your formal arraignment, the Court will read the charges against you and enter them into the record. At this time, you will also enter your plea. Additionally, at this time you are generally allowed access to case evidence such as video of your arrest or any police reports.

What happens if you refuse blood test for DUI in PA?

If you refuse to submit to a blood or breath test as required, you will be subject to an automatic drivers license suspension of 12 months for a first offense, and for 18 months if you have a prior DUI conviction or have refused testing in the past.

What Are The DUI Penalties in Pennsylvania?

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...

Pennsylvania Zero Tolerance Law

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...

Accelerated Rehabilitation Disposition (ARD)

1st offenses for high or highest BAC may qualify for the AcceleratedRehabilitative Disposition (ARD) program. If you are accepted into the program...

Ignition Interlock Device

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...

Do I Need a Lawyer for a DWI Case?

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.

Can You Represent Yourself in a Drunk Driving Trial?

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.

How old do you have to be to get a DUI in Pennsylvania?

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:

What happens if you don't have a license when you are charged with underage drinking?

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.

What is the alcohol limit for drivers in Act 24?

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.

How long is a driver's license suspended?

Driver's license suspended for 1 year.

How many hours do you have to attend the Alcohol Highway Safety School?

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.

How long does a DUI suspension last?

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.

How long do you have to appeal a DUI suspension?

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.

What happens if you answer questions that could incriminate you and Miranda was not given?

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.

How long can you go to jail for driving under the influence?

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.

Do police have to observe you driving in Pennsylvania?

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.

Is the defense case stronger when there are no driving observations?

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.

Can you be charged with DUI if you have a blood test?

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.

What does it mean to be a DUI lawyer in Pennsylvania?

A DUI could mean losing your license to practice law.

What can a DUI attorney do in Pennsylvania?

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.

What is the BAC level for a CDL driver in 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.

How long is a CDL suspension in Pennsylvania?

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.

What are the penalties for DUI in Pennsylvania?

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.

How long does it take to get a DWI conviction?

Pilots: Airline pilots convicted of DUI / DWI must report to the Federal Aviation Administration (FAA) within 60 days.

What can an attorney do?

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.

What to do if you are not sure about your case?

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.

What to do if you have evidence of innocence?

If there is evidence of your innocence, or significant penalties for being guilty, you may want to hire a DUI lawyer.

Can you get a lesser sentence for DUI?

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 ...

Can a DUI attorney get you thrown out?

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.

Is a first time DUI a felony?

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.

Can a DUI lead to jail time?

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.

Can an attorney do anything for you?

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.

How can a DUI attorney help a prosecutor?

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.

How much does a DUI lawyer cost?

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.)

What does a private DUI lawyer do?

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.

How much does it cost to hire a DUI lawyer?

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.)

What is a 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.

What is a standard first DUI?

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 ).

Do DUI lawyers give free consultations?

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.

What to do if you have been arrested for DUI?

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.

What is the BAC limit for a DUI in Pennsylvania?

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.

What is the penalty for a DUI based on BAC?

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.

What are the penalties for a first DUI?

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%.

What is the penalty for driving under the influence with a passenger?

In addition to the penalties mentioned above, the convicted motorist is looking at least $1,000 in fines and 100 hours of community service.

How long is a convicted driver in jail?

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 .)

What does it mean when a driver is impaired by drugs?

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 .

What to do if you don't plead for a fourth DUI?

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.

What is the punishment for a fourth DUI in Pennsylvania?

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 ...

What to do if you have a fourth DUI in Pittsburgh?

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.

Why is it important to show your paperwork to your attorney?

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.

Did the police stop you for DUI?

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.

Can you be dropped from your insurance?

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.