When a police officer pulls you over for a traffic violation and you have been drinking, your first instinct may be to panic. You may not know what to do, how to act, and fear the consequences that could come with a DUI conviction. 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 Delaware County DUI lawyer Steven E. Kellis, you can get these questions answered – but you must not delay in contacting counsel as quickly as possible following your arrest.
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 probably should 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, then you have already consented to undergoing testing in the event that you are suspected of DUI. If you do not consent to the testing as requested, then 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, Delaware County DUI attorneys typically suggest submitting to testing.
Penalties for DUI Offenses
- First offense: 6 months’ probation, a $300 fine, and no mandatory suspension or jail time.
- Second offense: 5 days to 6 months in prison, a $300 to $2500 fine, and a 12-month suspension.
- Third offense: 10 days to 2 years in prison, a $500 to $5,000 fine, and a 12-month suspension.
Penalties increase the higher your blood alcohol, the more serious injuries and damages resulting from driving while impaired, 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 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.
There are more severe penalties for those with a higher BAC. In order to know your rights as a victim of an accident or as an individual charged with DUI, you need to consult a skilled and experienced attorney for Delaware County.
Building a Defense in Your DUI Case
In addition to the implied consent law, there are many other rules and procedures that 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. A large portion of Mr. Kellis’ job is to evaluate the facts and circumstances in your Delaware County DUI case and see how they can be used to most effectively and successfully defend you against the charges. This process includes pointing out weaknesses in the prosecution’s case and problems with evidence that can make it more difficult for you to be convicted of the crime with which you are charged. Additionally, our Delaware County DUI law firm prides itself on more than 20 years of trial experience in DUI cases. As such, we have the knowledge and skill to prepare your case for trial and advocate on your behalf throughout the trial proceedings, including:
- Investigating the evidence in your case
- Examining and questioning witnesses
- Obtaining documentary evidence related to your case
- Analyzing blood alcohol content tests used by police
- Building a solid trial strategy designed to maximize your results
In taking these essential actions both prior to and during any trial proceedings, we will strive to provide you with skilled representation when you need it most.
Cities we serve in Delaware County
Call Our Delaware County 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 Delaware County DUI lawyer at once.
Delaware County Office
2619 West Chester Pike, 2nd Floor