Getting arrested for DUI is a traumatic experience with potentially significant consequences. Sometimes people who fail a chemical test assume they cannot fight the charge. That is not true—a failed test does not necessarily mean a conviction, but you must work with a legal professional committed to your defense.
Working with an experienced defense attorney is critical when facing a DUI charge. When you are arrested, reach out to one of our Butler County DUI lawyers. We could be by your side throughout the legal proceedings, working to achieve the most favorable outcome. All of our lawyers are former prosecutors and therefore uniquely and well equipped to defend criminal cases. Call today to learn more.
Pennsylvania has a complex scheme for deterring and punishing driving while under the influence of alcohol or drugs. According to 75 Pennsylvania Consolidated Statute § 3802, driving with a BAC, Blood Alcohol Content, of 0.08 or higher is illegal.
Tier 1 penalties apply when the driver’s BAC is 0.08 to 0.099, Tier 2 penalties apply when a driver’s BAC is above 0.10 but below 0.16, and even more severe Tier 3 penalties apply if a driver’s BAC is 0.16 or higher.
A driver could face a DUI charge even when their blood alcohol does not exceed the legal limits. Operating a vehicle when impaired by alcohol is a crime, and the police could arrest someone if they show signs of impaired driving, regardless of the result of the BAC.
Similarly, it is illegal for a driver to operate a vehicle when impaired by drugs. A person can face DUI charges if they have ingested any amount of a Schedule I, II, or III substance that was not prescribed for them. The presence of drugs is typically detected through a blood test.
DUI charges can be misdemeanors or felonies depending on the driver’s BAC and whether the accused was involved in an accident or has previous convictions.
When an accused is involved in an accident that causes injuries, they are sentenced under Tier 2 guidelines even when their BAC would place them in Tier 1. People who refuse a chemical test or who are driving under the influence of drugs are sentenced under Tier 3.
Offenders face other penalties in addition to incarceration, fines, and license suspensions. They may be ordered to do the following:
Our Butler County DUI attorneys could explain the penalties that might apply in a specific case.
A first-offense DUI when the driver’s BAC was below 0.099 leads to six months of probation and a $300 fine. Second and third offenders face jail sentences between 10 days and two years for a third offense, and the fine could be as high as $5,000. Second and third offenders also obtain a one-year driver’s license suspension.
When a driver’s BAC is .10-.159, or if the driver caused an accident with injuries, a first offender could face a jail sentence of 48 hours to six months, a fine of $500-$5,000, and a one-year license suspension.
Fines and jail sentences increase for second offenders. For a third or fourth offense, the driver faces a prison sentence, the fine increases to $1,500-$10,000, and the license suspension increases to 18 months.
A first offender with a BAC of 0.16 or above faces a jail sentence of 72 hours to six months, a fine of $1,000-$5,000, and a one-year license suspension. A second offense under this tier faces 90 days-5 years in prison and $1,500 to$10,000 in fines. A third offense under this tier faces 1-5 years in prison and $2,500-$10,000 in fines. Any second or subsequent offense will result in an 18-month license suspension.
There are many ways to defend a DUI charge. The strategy a DUI lawyer in Butler County chooses will depend on the circumstances of the case, but investigating police conduct during the traffic stop and arrest is often fruitful.
Officers may make an improper traffic stop, perform field sobriety tests incorrectly, mishandle biological samples, or use poorly maintained or improperly calibrated equipment. Labs sometimes fail to observe best practices when testing samples. Testimony supporting a defendant’s good character can also be helpful when defending a DUI charge.
When a conviction cannot be avoided, there are ways to mitigate the harshness of the sentence. First offenders may be eligible to participate in the Accelerated Rehabilitative Disposition (ARD) program, which could result in the eventual dismissal of the charges and expungement of the arrest. When a conviction carries a minimum period of incarceration, house arrest or other alternatives may be possible.
A DUI conviction has serious consequences. Call our Butler County DUI lawyers when you are arrested. We could build an aggressive defense to the charges.
Do not try to handle a DUI charge without experienced legal representation. Reach out to our law office today to schedule a meeting.