You may not know how to act when you’ve been drinking and are pulled over for a traffic violation. You may fear the consequences that could come with a DUI conviction because, like the rest of Pennsylvania, Delaware County DUI penalties can be serious. You need the experience and knowledge of a Delaware County DUI lawyer to answer questions like;
- Should you submit to field sobriety tests or a breathalyzer test to measure your blood alcohol content?
- What happens if you refuse the tests?
- How much money will it take for you to get out of jail after your arrest?
As these and many other questions dart through your mind, you may wonder what the best course of action may be in your case. With the help of DUI lawyer Steven E. Kellis, you can get these questions answered – but you should not delay contacting legal counsel as quickly as possible.
Blood Alcohol Content Testing and the Implied Consent Law
The first issue that most drivers accused of DUI face is whether to submit to field sobriety tests, breathalyzer tests, and/or blood tests that measure your blood alcohol content. In most cases, you should probably go ahead and submit to the tests requested by the arresting officer. Like many states, Pennsylvania has an implied consent law. This means that if you have obtained a driver’s license in Pennsylvania, you have already consented to undergo testing if you are suspected of DUI.
Keep in mind that a Delaware County DUI penalty may come with other consequences if you do not consent to the testing as requested. In that scenario, you will face a whole other set of proceedings that adversely affects your driving privileges. This administrative process is in addition to the criminal proceedings in which you will become involved if charged with DUI. In light of this, a Delaware County DUI lawyer typically suggest submitting to testing.
In some cases, faulty or inaccurate alcohol tests may be thrown out as evidence. Much research has been done on the subject of whether or not breathalyzers perform accurate and fair readings, and there is evidence to suggest that this test does not.
For example, breathalyzers are designed to only measure the amount of alcohol in a person’s breath (vapor from their lungs). If a person burps or vomits before taking the breathalyzer test, the device may detect more alcohol than is present in the person’s breath. Here are some other instances where a test may be deemed inaccurate:
- The officer did not calibrate the device properly before use
- Results are inaccurate due to the breathalyzer’s margin of error
Even though there are instances of breathalyzer error, keep in mind that until a new method of testing is available, you should submit to the breathalyzer test to avoid harsher penalties. If the test turns out to be inaccurate or false, your Delaware County DUI lawyer will argue that fact in court.
Penalties for DUI Offenses
- General impairment (.08 to .099% BAC): Whether this is your first or a repeated offense, penalties can range from a $300 fine, six months of probation, and no jail time to a $5,000 fine and 10 days to two years in prison.
- High BAC (.10 to .159%): Whether this is your first or a repeated offense, penalties can range from a $500 fine and 48 hours to six months in prison to a $5,000 fine and 10 days to two years in prison.
- Highest BAC (.16 % or higher) or controlled substance: Whether this is your first or a repeated offense, penalties can range from a $1,000 fine, 12-month license suspension, and 72 hours to 6 months in prison to a $10,000 fine, 18-month license suspension, and one to five years in prison.
Penalties increase the higher your blood alcohol content, the more serious the injuries and damages, and the more times you are convicted. A blood alcohol content (BAC) above 0.10% can bring more severe penalties, even for first-time offenders. Second and third-time offenders must have an ignition interlock system installed for one year. You may have to attend alcohol abuse screening and treatment. A judge may also order 150 hours of community service.
To understand your rights as a victim of an accident or as an individual charged with DUI, you need to consult an experienced Delaware County DUI lawyer.
Delaware County DUI Accidents
According to the Centers for Disease Control and Prevention, almost 30 people die every day in the United States as a result of a collision with an impaired driver.
Pennsylvania takes collisions related to driving under the influence of drugs and/or alcohol very seriously, as evidenced by sobriety checkpoints, saturation patrols, and the stiff penalties that offenders typically face. A drunk driver may be responsible for both criminal and civil liabilities connected with an accident, particularly when someone is injured or killed.
Delaware County Underage DUI Lawyer
If you or somebody you love has been charged with underage DUI, it’s important to know the law, understand your rights, and take the appropriate steps to defend against the charge. The Delaware county justice system can be confusing, and facing a DUI is often a challenging experience.
That’s why it’s so important to get a Delaware County underage DUI lawyer who knows DUI law inside out.
Building a Defense in Your DUI Case
In addition to the implied consent law, many other rules and procedures will govern your DUI case and legal proceedings. Police officers must follow these rules in stopping vehicles for traffic violations, performing field sobriety tests, administering breathalyzers, and arresting drivers for DUI and related offenses. If these rules are not followed, then these violations can directly affect how evidence is used in your case.
Many lawyers help clients with various types of cases. This means that their experience and knowledge are split between lots of different areas of law. Mr. Kellis has focused his practice exclusively on DUI law and has over 25 years of jury trial experience. He knows the ins and outs of Delaware County DUI law.
With this experience, Mr. Kellis knows:
- Exactly which motions to file to advocate for clients
- Which legal technicalities can help each client the most
- How to ensure that all evidence against clients was properly obtained
- Techniques for cross-examining witnesses
- How to successfully negotiate favorable plea deals
- Which trial strategies are most effective in obtaining favorable outcomes for clients
Among others, these factors make Mr. Kellis an effective advocate for any person who is facing a charge related to drinking and driving in Delaware County.
As such, The Law Offices of Steven Kellis has the knowledge and skills to prepare your case for trial and advocate on your behalf. Mr. Kellis strives to provide you with skilled representation when you need it most.
Areas we serve in Delaware County:
- Broomall, Pennsylvania DUI Lawyers
- Chester, PA DUI Lawyer
- Darby, Pennsylvania DUI Lawyers
- Drexel Hill, PA DUI Attorney
- Haverford, PA DUI Lawyer
- Radnor, PA DUI Lawyer
- Springfield, PA DUI Attorney
- Upper Darby PA DUI Attorneys
- Yeadon, PA DUI Lawyer
Call Our DUI Law Firm Today
During this admittedly stressful time in your life, experienced representation is only a phone call away. Call our office today and set up an appointment to meet with your DUI lawyer in Delaware County at once.
Delaware County Office
2619 West Chester Pike, 2nd Floor