Why Do You Need A DUI Attorney?
The legal process that follows a DUI arrest is a scary experience, and it shouldn’t be tried without the help of an experienced DUI Lawyer.
Every DUI Trial is an extremely methodical and technical proceeding.
It’s extremely important to contact and employ an attorney early in the process to ensure you get the best result possible and to walk you through some of the more complex issues in a DUI Case.
The DUI Law in Pennsylvania states that a person, may not drive a vehicle if:
- He has drunk enough alcohol to render him or her incapable of safely driving the vehicle, or
- He drank enough alcohol to place his BAC above the .08% level, or
- There are any controlled substances, or metabolites of that substance, in their blood
Here you can view the official text version of the DUI Law in Pennsylvania.
The law renders punishments through a three-tier system. The higher your blood alcohol content the tougher the punishment. Punishments can range from no jail, all the way up to a mandatory minimum of at least one year in state prison. You’re also required to turn over your license and adhere to a driver’s license suspension.
Don’t face these high fines and Mandatory Minimum sentences alone.
Call The Shelton Firm today for a free consultation with a DUI lawyer at 717-823-0899 to make sure you get the best possible outcome.
The Shelton Firm DUI attorney will explain all of your options including the ARD program, reduction of charges and potential penalties. In recent years the penalties you face when convicted for DUI have gotten more severe. Many courts impose mandatory minimum jail sentences and fines. We will examine the strengths and weaknesses of your case and our DUI lawyer will provide you with a straightforward analysis so that you are fully informed of all of your options.
1st Offenders ARD
First time DUI offenders can qualify for a program known as ARD (Accelerated Rehabilitative Disposition). The program allows to avoid a criminal conviction on your record, by allowing expungement once the program is complete. Completing ARD requires you to receive a period of probation (without jail time), complete community service hours, and finish a highway safety class. Entering ARD will save you from the unwanted choice of having to go to trial and risking your clean record. Entrance into ARD is solely at the discretion of the District Attorney. The District Attorney can reject you for almost any reason, and it is up to your attorney to fight for your admission into the program.
2nd or 3rd Offense Help
With every additional conviction DUI penalties become more and more severe, This is why having an Experienced DUI Attorney can help you avoid some of the most severe penalties. The Mandatory Minimum for a high tier 2nd Offense is 90 Days in Prison, and for a 3rd it is 1 Year in prison. You need to hire an attorney immediately to assist you in trying to avoid these massive penalties. Often times an Experienced DUI Attorney may be able to assist you in avoiding these penalties by negotiating a house arrest or an Intermediate Punishment Sentence where you can avoid much of the jail time.
Here’s a bit more about how your insurance can be affected by a DUI in Pennsylvania.
DUI Legal Process
Here are the first steps in every DUI case after being arrested. It’s important to understand it’s best to have an experienced DUI lawyer to guide you through the process. The first step following a DUI arrest is the Preliminary Arraignment.
Here’s what you can expect at a DUI arraignment:
- At the arraignment, a Judge will read the charges against you, and ask you what you intend to plead.
- After you have entered a Plea of Not Guilty, the judge sets your bail and schedules a preliminary hearing date.
- Prior to Trial, a Preliminary Hearing is the first Court date that you must attend.
It is of utmost importance that you have retained a DUI attorney at this point. Your attorney has the opportunity to speak with the opposing counsel and the arresting officer and may have the possibility to get some or all of the charges dismissed.
What Are Some Typical DUI Defenses?
There are many defenses that can be applied when faced with a DUI charge. An arrest for DUI does not automatically have to conclude with a conviction.
Here are a few examples of typical DUI defenses:
- Blood/ Breath was improperly collected
- Lab Technician Error
- Breathalyzer/ Blood Testing Machine Error
- You never actually drove the vehicle
- Police had insufficient cause to pull you over
The Shelton Law Firm is a practice focused on DUI law and Criminal Law. It was founded by Attorney Jonathan Shelton. Attorney Shelton is an aggressive trial lawyer who will put his expertise to work for your case. We offer legal services ranging from Traffic Ticket Defense, Criminal Defense, DUI, Personal Injury, Automobile Accidents, and Divorce and Custody Issues.