It is a common occurrence for Butler County residents to drive home after an evening out, confident they are safe to drive, only to learn the hard way that they were over the legal limit. While a first-time DUI in Butler County is not the most serious criminal offense in the book, a conviction could impact your life in several ways.
Thankfully, you have the right to defend yourself in court with the help of a skilled DUI attorney. Our firm understands how to develop a defense strategy in these cases, and we will work tirelessly to protect your rights. Contact us today to schedule a consultation.
A first-time DUI refers to a person’s first arrest and prosecution under state law for driving under the influence of alcohol or drugs. Even if you have never had a prior offense, a DUI arrest is a serious matter with both criminal and administrative consequences. In Pennsylvania, you can be charged with DUI if your blood alcohol concentration (BAC) is 0.08% or higher, or if you are found to be impaired by one or more intoxicating substances.
It is worth noting that you could be charged with a first-offense DUI in Butler County even if you have a prior conviction on your record from long ago. This is because state law relies on something called a “lookback period,” which lasts for 10 years. If your prior convictions happened outside of that 10-year window, your case will be treated as a first-time offense.
Pennsylvania uses a three-tiered system based on your BAC level at the time you were driving, and the penalties for this offense vary depending on which tier applies. However, our attorneys are often able to secure a diversion program for those with a clean record, allowing them to get through the legal process without formally being convicted of DUI.
Importantly, a first DUI does not have to involve an accident or injury for you to be found guilty. In fact, most of these cases occur after a traffic stop when an officer notices someone driving erratically or speeding. If they suspect the driver is impaired, they can expand the scope of their investigation.
In general, two common defense strategies are used in the majority of first-time DUI cases in Butler County. Our attorneys frequently challenge the legality of the traffic stop as well as the accuracy of the test results.
As mentioned above, most DUI arrests occur following a traffic stop for some kind of moving violation. However, the police cannot pull your car over on a whim. They must have reasonable suspicion that you have committed a crime or a traffic offense for the stop to be legal. Our attorneys have had success excluding evidence found during an illegal stop from trial, including the results of breath tests.
Another key factor in these cases is the chemical test. The state usually relies on a blood, breath, or urine test to prove that you were impaired. If we can show the samples were improperly collected, stored, or tested, the results could be thrown out.
Facing a first-time DUI in Butler County can be daunting, but our attorneys are here to help. Each of the lawyers at our firm is a former prosecutor who can put their experience to good use in your case. Let us give you a chance of a favorable outcome. Contact our team at Benjamin Levine Law, LLC today to learn more about your options.