Being arrested for driving under the influence is a stressful experience. There is little doubt that you are dealing with heightened emotions. You may be fearful of what comes next, and we know that you have questions. You have a copy of your charges, but now what? If you have found yourself in this overwhelming situation, it is important that you consult with a Cumberland County DUI lawyer who specializes in DUI defense in PA in order to determine your legal options.
Cumberland County DUI lawyer Steven E. Kellis has been representing people like yourself for more than two decades. Steven has dedicated his life to defending people facing DUI charges. Prior to becoming a defense attorney, Steven spent several years in the prosecutor’s office. This experience gives Steven a unique insight into the local court system and has given him the opportunity to develop positive relationships with the court. You can rest assured that he will use his knowledge and experience to build a strong case on your behalf. Call our office today at (215) 940-1200 for a free consultation.
Implied Consent in Pennsylvania
Our state is not alone in having established what is known as implied consent. What this means is that when you signed your name on your driver’s license, you told the state that you would consent to any chemical test requested by a law enforcement officer who believes you are under the influence of alcohol or drugs. In most cases, the test requested will be a breathalyzer. When an officer of the law suspects that you are under the influence of a legal or illegal drug, you may be asked to submit to a chemical analysis of your blood or urine.
While you certainly have the right to refuse any testing, you can be charged with an additional crime for refusing. Should you choose to refuse a chemical test, your driver’s license will be suspended automatically for the period of one year. If you are found guilty of driving under the influence, you face additional consequences which could include a lengthier suspension.
DUI charges can be confusing; let an experienced Cumberland County DUI lawyer from The Law Offices of Steven E. Kellis help you form a defense strategy and work toward having your charges dropped or reduced.
Call (215) 977-4183 now.
Penalties for DUI in Cumberland County
Any person who is convicted of DUI in Cumberland County faces stiff penalties. If you are found guilty and had a blood alcohol concentration of between 0.08 and 0.09, you are facing up to 6 months of probation and a monetary fine of no more than $300. The good news is that there is no mandatory jail time for a first offense.
If you are convicted a second time with the same blood alcohol concentration, you could spend up to 6 months in jail and pay fines totaling in the thousands. You could also lose your license for a year. Should you be convicted a third time, you are facing 2 years in jail, higher fines and the same license suspension. The penalties only get more severe for subsequent convictions.
If the incident you were involved in caused property damage or injury, and if your blood alcohol concentration was higher than 0.09, the penalties are increased. Subsequent convictions may have you forced to install an interlock ignition device in your vehicle. You may have to attend treatment programs and safety classes, and you may be required to complete community service.
Here’s a simple breakdown of Pennsylvania’s three-tier DUI system:
First Tier (general impairment): .08% – 0.99% BAC
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- 1st offense
- Ungraded misdemeanor charge
- Up to six months of probation
- $300 fine
- Attendance in alcohol highway safety school
- 2nd offense
- Ungraded misdemeanor charge
- 12-month license suspension
- Five days to six months in jail
- $300 – $2,500 fine
- One year with an ignition interlock device (IID)
- Attendance in alcohol highway safety school
- 3rd offense
- 2nd-degree misdemeanor charge
- 12-month license suspension
- 10 days to two years in prison
- $500 – $5,000 fine
- One year with an ignition interlock device (IID)
- 1st offense
Second Tier (high BAC): .1% – .159% BAC
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- 1st offense
- Ungraded misdemeanor charge
- 12-month license suspension
- 48 hours to six months in prison
- $500 – $5,000 fine
- Attendance in alcohol highway safety school
- 2nd offense
- Ungraded misdemeanor charge
- 12-month license suspension
- 30 days to six months in prison
- $750 – $5,000 fine
- One year with an ignition interlock device (IID)
- Attendance in alcohol highway safety school
- 3rd offense
- 1st-degree misdemeanor charge
- 18-month license suspension
- 90 days to five years in prison
- $1,500 – $10,000 fine
- One year with an ignition interlock device (IID)
- 1st offense
Third Tier (highest BAC): .16% and higher BAC or controlled substance
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-
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- 1st offense
- Ungraded misdemeanor charge
- 12-month license suspension
- 72 hours to six months in prison
- $1,000 – $5,000 fine
- Attendance in alcohol highway safety school
- 2nd offense
- 1st-degree misdemeanor charge
- 18-month license suspension
- 90 days to five years in prison
- $1,500 to $10,000 fine
- One year with an ignition interlock device (IID)
- Attendance in alcohol highway safety school
- 3rd offense
- 1st-degree misdemeanor charge
- 18-month license suspension
- One to five years in prison
- $2,500 – $10,000 fine
- One year with an ignition interlock device (IID)
- 1st offense
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If you have prior DUIs or felony traffic convictions deemed serious, you could be charged with a first-degree misdemeanor. These felonies come with mandatory five-year prison sentences. That sentence can be extended to seven years if you have two or more DUIs and/or felony traffic convictions. It does not matter how much time has elapsed since your prior convictions.
No matter how many times you have been convicted of DUI, having the best legal representation possible is important. A Cumberland County DUI lawyer at The Law Offices of Steven E. Kellis will evaluate your legal options and help you form a defense strategy. Call (267) 314-6693 today for more information.
Going to Court
Once you hire Steven Kellis as your Cumberland County DUI lawyer, he will begin to gather evidence and file appropriate motions on your behalf if applicable. In some instances, those charged with DUI have had their cases dismissed due to improperly gathered evidence or no evidence at all.
If your case does go to court, Steven will fight for your rights. This may mean ensuring that you don’t spend time behind bars or working out a plea deal for lesser penalties. Your case is unique, and Steven will treat it that way.
Speak with a Cumberland County DUI Lawyer Today
If you have been charged with driving under the influence, time is of the essence. Pennsylvania DUI attorney Steven E. Kellis has been defending people against DUI charges for over 20 years. You can trust that he will fight hard on your behalf. Call our office today to schedule your no-obligation consultation.