DUI Lawyer

From Arrest to Acquittal: How a DUI Lawyer in Lancaster Pennsylvania Can Turn the Tide in Your Favor

You need a DUI Lawyer in Lancaster, Pa to lead you through the legal process that follows a DUI arrest. In recent years the penalties you face when convicted in Lancaster County have gotten more severe.  When it comes to facing a DUI charge in Pennsylvania, having a skilled and experienced DUI lawyer by your side can make all the difference. From navigating the complex legal process to building a strong defense, a DUI lawyer has the expertise to help turn the tide in your favor.

A Lancaster PA DUI arrest is an extremely scary, methodical and technical proceeding.  With our knowledge of the local laws and court systems, we are equipped to challenge the evidence presented against you, and ensuring that your rights are protected throughout the legal proceedings. Whether it’s questioning the legality of the traffic stop, challenging the reliability of breathalyzer results, or negotiating a plea bargain, The Shelton Firm will fight for the best possible outcome in your case.

Don’t let a DUI charge dictate the course of your life. Call us today. The Shelton Firm will explain all your options, including if you qualify for the ARD program and reduction of charges. Our DUI Attorneys will help you decide whether going to trial is the best option.

What is a DUI?

The DUI Law in Pennsylvania states that a person, may not drive a vehicle if:

  1. He has drunk enough alcohol to render him or her incapable of safely driving the vehicle, or 
  2. He drank enough alcohol to place his BAC level above the .08% level, or
  3. 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

Mandatory Jail Time

There can be many potential outcomes to a DUI case.   

One important thing to know is you will most likely be looking at mandatory jail time.  A mandatory sentence in a DUI arrest can be anywhere from 2 days in prison up to 1 year in State Prison.

There are many ways a DUI Lawyer in Lancaster, Pa can assist you in avoiding the tough mandatory penalties and the license suspension that go with a DUI arrest.   Call today to discuss your options going foward.

ARD Program

The Lancaster County DUI ARD program allows first time DUI offenders to avoid a criminal conviction by completing the program. You may expunge your record after probation.

Our experienced attorney will fight for your admission into the program, which will save you from the unwanted choice of having to go to trial and risking your clean record.

In order to finish ARD you may be required to:

Receive a period of probation (No jail time),
Complete community service hours, and
Pay a fee to enter ARD

The importance of hiring a DUI lawyer in Lancaster Pa

The consequences of a DUI conviction can have a significant impact on your life, including your job, relationships, and future opportunities. This is why it is essential to have a DUI lawyer with the knowledge and experience to build a strong defense strategy. A DUI lawyer can navigate the complex legal process and ensure that your rights are protected throughout the proceedings.

A DUI lawyer can also challenge the evidence presented against you, including the legality of the traffic stop, the reliability of breathalyzer results, and any field sobriety tests administered. They can also gather evidence to support your case, including witness testimony and expert opinions. With their expertise, a DUI lawyer can negotiate with prosecutors to reduce charges or seek alternative sentencing options.

Experienced Lancaster County DUI lawyer providing legal counsel.

The role of a DUI lawyer in building a defense strategy

A DUI lawyer can play a critical role in building a strong defense strategy. They can challenge the legality of the traffic stop, question the reliability of breathalyzer results, and challenge any field sobriety tests administered. They can also gather evidence to support your case, including witness testimony and expert opinions.

A DUI lawyer can negotiate with prosecutors to reduce charges or seek alternative sentencing options, including participation in a diversion program or community service. They can also prepare you for trial, ensuring that you understand the legal process and what to expect in court. With their expertise, a DUI lawyer can fight for the best possible outcome in your case.

Gathering evidence to support your case

When building a defense strategy, gathering evidence is crucial. This includes witness testimony, expert opinions, and any physical evidence that may support your case. Your DUI lawyer can work with investigators to gather evidence and build a strong defense.

For example, if the breathalyzer results are being challenged, your lawyer may call into question the reliability of the machine or the accuracy of the test results. They may also challenge the officer’s training or the circumstances surrounding the traffic stop. By gathering evidence and building a strong defense, your DUI lawyer can help turn the tide in your favor.

Professional DUI lawyer in Pennsylvania offering legal representation.
Police officers conducting DUI arrests in Lancaster, Pennsylvania.

Exploring plea bargains and alternative sentencing options

In some cases, a plea bargain may be the best course of action. This involves negotiating with prosecutors to reduce charges or seek alternative sentencing options. For example, a plea bargain may involve participation in a diversion program or community service in exchange for a reduced sentence.

Your DUI lawyer can work with prosecutors to negotiate the best possible outcome in your case. They can also advise you on the potential consequences of a plea bargain, including the impact on your driving record and future opportunities. In some cases, alternative sentencing options may be available, including house arrest or electronic monitoring.


How the Police Prove their Case

Lancaster County DUI Lawyer fighting for your innocence in Lancaster County DUI Charges

Proof of Intoxication

In Pennsylvania, a driver can be charged with DUI if their blood alcohol content (BAC) is 0.08% or higher. If the driver is under the age of 21, the legal limit is 0.02%. Additionally, commercial drivers are subject to a lower BAC limit of 0.04%. Authorities can bring a DUI charge against anyone who drives under the influence of drugs, including prescription medication.

The police routinely use, field sobriety tests, breathalyzers and blood test evidence to put people in jail for drunk driving.

Never assume that FSTs, breath test or blood testing evidence means an automatic conviction. These tests are only as reliable as the people giving them. In fact, their results can be inaccurate or obtained under illegal means.

Breathalyzer

A breathalyzer is a device for estimating blood alcohol content from a breath sample.  This device should not to be confused with the Portable Breath Test (PBT) done on the side of the road. You can only do the Breathalyzer at the Police Station. They must follow certain procedures to ensure its accuracy, otherwise your BAC level will not be admissible in court.


Field Sobriety Test

Police use field sobriety tests (FSTs) to determine if a person is intoxicated with alcohol or other drugs. FSTs primarily serve the purpose of meeting the ‘probable cause’ requirements, enabling the police to request a blood or breath sample from a driver. The Police do the tests road side and a variety of factors can affect the reliability.


Blood Test

Police generally want to conduct chemical testing (e.g. blood tests) to check for the presence of drugs or alcohol in a driver’s system. They use observations from your interaction to get Probable Cause for the test. Blood test results can take several weeks or more to come back.

The officer makes the choice of blood test or breath test, depending on the department’s policy. Some departments only do breath tests, while others don’t have the devices and only do blood tests.


DUI Penalties in PA

Drunk Driving Penalties chart for Pennsylvania

The consequences of a DUI conviction in Pennsylvania can be severe and long-lasting. In addition to fines and license suspension, a DUI conviction can impact your job prospects, relationships, and future opportunities. Repeat offenders face even harsher penalties, including the permanent revocation of their driving privileges.

The law renders punishments through a three-tier system. The higher your blood alcohol content the tougher the sentence. Your sentence can range from no jail, all the way up to a minimum of at least one year in state prison. The law requires drug evaluations and Ignition Interlock. You will also lose your license and pay Hundreds of dollars in fines.

It is important to fight a DUI charge to protect your rights and increase your chances of a favorable outcome. With the help of a skilled DUI lawyer, it is possible to challenge the evidence presented against you and fight for a reduced sentence or alternative sentencing options. Talk to your attorney about ARD or house arrest to avoid mandatory jail time. Don’t face these high fines and Mandatory Minimum sentences alone.

Click here for a more in-depth article about the penalties for DUI in Pennsylvania written by a local DUI lawyer in Lancaster, Pa.


The legal process for a DUI charge in Pennsylvania can be complex and intimidating. From the initial arrest to the trial, there are many steps involved. Your DUI lawyer can guide you through each stage of the process, ensuring that your rights are protected and that you understand what to expect.

This includes attending hearings, negotiating with prosecutors, and preparing for trial. Your lawyer can also advise you on the potential consequences of a DUI conviction, including the impact on your driving privileges and criminal record. With their expertise, a DUI lawyer can help you navigate the legal process with confidence.

Drunk Driving Arrest timeline in pennsylvania

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