DUI charges can become serious very quickly. Rather than face these penalties alone, it’s in your best interest to work with an experienced Pennsylvania DUI lawyer from Kellis Law Firm. They can assess your case and work to get your DUI dropped.
What are the options for getting a DUI dropped in Pennsylvania?
It depends on the details of your case. If it’s your first offense, you have a stronger chance of getting the charges dismissed, but if you have previous DUI convictions, it might be more difficult.
Your lawyer could ask the prosecuting attorney not to file charges or dismiss the current ones. They may also request a reduction in the severity of the offense for various reasons.
What are some ways my lawyer can get my DUI dropped?
Some common arguments your Pennsylvania DUI attorney might use to dismiss or reduce your charges include:
- There isn’t enough evidence against you.
- The police didn’t have probable cause to stop you.
- The breathalyzer machine was malfunctioning or improperly calibrated.
- You have a medical condition that affected your field sobriety test.
- The police didn’t follow the correct procedures for your arrest and testing.
- It’s your first offense, and you have no other criminal record.
How does a plea agreement work for DUI?
If the evidence against you is strong or this is a second or third offense, it’s much harder to get your DUI charges dropped in Pennsylvania. However, your lawyer may be able to negotiate a plea agreement where you admit guilt for a lesser charge, such as reckless driving. It’s not as good as getting off completely, but your DUI attorney will make every effort to get the best agreement possible.
What counts as DUI in Pennsylvania?
Under Pennsylvania law, if your blood alcohol concentration (BAC) is 0.08% or higher, you are considered under the influence. If police see signs that you could be intoxicated, they can pull you over and conduct a field sobriety test or administer a breathalyzer test. If you are over that minimum percentage, they can arrest you for DUI.
What are the penalties for DUI in Pennsylvania?
The penalties depend on how your BAC level, whether you’ve been arrested for DUI before, and whether there are other circumstances involved. According to the Commonwealth of Pennsylvania Driver and Vehicle Services Agency, the general penalties for a BAC between 0.08% and 0.099% are:
- First offense: Up to six months probation, DUI education, and a $300 fine
- Second offense: Up to six months in jail, up to a $2500 fine, and a 12-month license suspension
- Third or higher offense: Up to two years in state prison, fines up to $5000, and a 12-month license suspension
In all cases, you’ll have to pay for one year of an ignition interlock device. You may also have to undergo alcohol addiction treatment when ordered by the judge. If your BAC is between 0.10% and 0.16%, your penalties will be much higher, ranging from $500 in fines for a first offense to $10,000 and up to five years in prison.
What is the Pennsylvania ARD program?
The Accelerated Rehabilitative Disposition (ARD) program is a way for Pennsylvania to aid first-time offenders who wish to avoid future charges. If you’re convicted or plead guilty, you can potentially qualify for this pre-trial diversion by agreeing to do the following:
- Install an ignition interlock device on your car for six months.
- Avoid alcohol and drug use.
- Attend a substance abuse treatment course.
- Meet with your probation officer.
- Get counseling.
- Attend all your mandatory court dates.
Getting a DUI charge dropped is easier when you work with a skilled Pennsylvania DUI lawyer from Kellis Law Firm. Contact us to arrange a case review at (215) 977-4183 or through our online form today.