If you’ve been arrested for driving under the influence, you will probably be dealing with a mix of emotions: stress, anxiety, anger, and fear are common as you deal with the repercussions of these charges.
When you are dealing with your first offense, the unknown can make things worse. You might say the wrong thing and compromise your case to the prosecution, but the worst thing you can do is ignore the charges.
Don’t Ignore Your Charges – Call an Attorney Right Away
It’s important to consult with a DUI defense-focused attorney as soon as possible after your arrest. This way, you can get a clear picture of what is coming and determine your legal options. Our DUI lawyers are standing by, ready to help you through this trying ordeal.
At The Law Offices of Steven E. Kellis, we represent people who have been charged with DUI for over 20 years. Steven Kellis has made it his life’s mission to defend people facing charges just like yours.
Prior to dedicating his life to being a defense attorney, Steven was in the prosecutor’s office. This experience has given Steven a unique insight into the inner workings of the local court system. He will use this knowledge in order to build the strongest defense possible.
Speak to a Broomall, PA DUI attorney today by calling (215) 940-1200 or contacting us online.
Possible Lines of Defense for DUI Cases in Broomall, PA
Depending on the unique circumstances of your case, attorney Steven Kellis will utilize one of the following approaches to have your charges dropped or reduced:
Illegal traffic stop
The arresting officer must have probable cause and reasonable suspicion to pull you over. If it can be proven that they did not have probable cause or reasonable suspicion to pull you over and arrest you for driving under the influence, the charges may be thrown out.
Not being impaired
Fever, allergies, medications, and certain health conditions are known to cause symptoms that resemble intoxication. For example, red eyes, flushed face, unusually fast or slow speech, and balance difficulties are signs that police officers look for in intoxicated drivers.
The police may have then proceeded to administer an illegal field sobriety test, which could warrant your charges being thrown out.
Not being the operator of the vehicle
Pennsylvania law states that the person driving, operating, or otherwise in control of the vehicle while intoxicated is breaking the law and can be arrested for DUI. However, the police officer must directly observe that you were in fact the person in control of the vehicle.
If you and others riding with you were not even in the vehicle at the time of the arrest, or if you were a passenger, the prosecution’s case may be thrown out.
Inaccurate police report
Police reports often contain exaggerations or discrepancies to try and prove the point that you were drunk when in fact you were not. A Broomall, PA DUI attorney at the Law Offices of Steven E. Kellis will go over the report carefully and make sure the officer wasn’t fabricating details or embellishing the truth.
The police officer’s word isn’t enough to convict someone of DUI. There must be hard evidence showing that you were the driver of the vehicle and that you were drunk while driving. Some of the most common examples of insufficient evidence used in a DUI case are false positive breathalyzer results and inaccurate blood test results.
Implied Consent in Pennsylvania
The state of Pennsylvania, like many others in the country, has what is known as “implied consent.” This means that any person who has a legal driver’s license has agreed that they will submit to any chemical test requested by a law enforcement officer. If the officer suspects the person is under the influence of drugs or alcohol while operating a motor vehicle, they request a test.
In typical cases, the officer will ask that the driver submit to a breathalyzer test. In other instances, the officer may request that the driver undergo a chemical analysis of their blood or urine.
Though you have provided implied consent, you maintain the right to refuse such a test. If you do, however, you should be aware of the consequences. If you refuse, your license can be automatically suspended for 12 months. If you are found guilty of the driving under the influence charge, you could face an additional license suspension.
Penalties for DUI in Broomall and Delaware County
Any person who is convicted of DUI in Delaware County faces consequences they may not want to be forced to deal with. The following penalties apply to those found guilty of DUI:
Between 0.08 and 0.09 Blood Alcohol Concentration (BAC)
- First offense: Up to six months of probation and fines of no more than $300.
- Second offense: Up to six months in jail and fines in the thousands, along with a 12-month license suspension.
- Subsequent offenses: Up to two years in jail, a 12-month license suspension, and high fines. The greater the number of offenses, the more severe the consequences.
Between 0.10 and 0.16 Blood Alcohol Concentration (BAC)
- First offense: Up to six months of probation and fines between $500 and $5,000, along with a 12-month license suspension.
- Second offense: Up to six months in jail and fines between $750 and $5,000, along with a 12-month license suspension.
- Subsequent offenses: Up to five years in jail, fines up to $10,000, and a license suspension of 18 months. The greater the number of offenses, the more severe the consequences.
Above 0.16 Blood Alcohol Concentration (BAC)
- First offense: Up to six months of probation and fines between $1,000 and $5,000, along with a 12-month license suspension.
- Second offense: Up to five years in jail and fines between $1,500 and $10,000, along with an 18-month license suspension.
- Subsequent offenses (felonies): One to five years in jail, fines up to $10,000 and a license suspension of 18 months. The greater the number of offenses, the more severe the consequences.
Property Damage or Injury
If you are convicted of driving under the influence and causing property damage or injury, and if your blood alcohol concentration was greater than 0.09, you face harsher penalties. For subsequent convictions, you will have to install an interlock ignition device on your vehicle, attend a treatment program and safety class, and perhaps complete community service.
It is important that you speak to a Broomall DUI lawyer as soon as possible after you have been arrested for driving under the influence.
The Pennsylvania DUI Process
Once you have hired a Broomall, PA DUI attorney, they will begin to work hard on your defense. They’ll look at the evidence the prosecutor is planning on using against you, and file motions on your behalf if applicable.
Should your case end up in court, your lawyer will fight for your rights using knowledge and experience. They’ll work tirelessly to help ensure you receive the most favorable outcome possible. Expect nothing less from a qualified attorney.
Speak with a Broomall, PA DUI Attorney Today
If you have been charged with driving under the influence in Delaware County, you need to reach out to Broomall DUI lawyer Steven E. Kellis as soon as possible. Time is of the essence. You can trust that Steven will fight as hard as he can on your behalf. Call us at (215) 940-1200 or contact us online for a free, no-obligation consultation today.
Our Pennsylvania attorneys defend those facing DUI, drug crime, and criminal charges throughout Eastern Pennsylvania.