We know that getting arrested for a DUI can be one of the most stressful and frightening times of your life, particularly if you are a stranger to the criminal justice system. You may be worried about the effects of your arrest on your job, your reputation, and your family. Potential consequences may be looming large in your mind as you consider the possibility of fines, losing your driver’s license, and even having to serve jail time. With these kinds of worries on your mind, the most important step to take is to contact Northampton County DUI lawyer Steven Kellis at your earliest opportunity.
Plausible Legal Defenses against a DUI Charge in Northampton County
Despite what you may see as overwhelming evidence against you, there are a number of defenses that may apply in your case. Your Northampton County DUI law firm can assist you in raising the defenses that are potentially applicable in your case:
- Blood-alcohol concentration (BAC) – There are many issues that can arise with BAC levels, including the proper administration of BAC tests and defects in the machines used, that can be challenged in a DUI trial.
- Probable cause – A police officer must have the appropriate probable cause to stop, detain, and arrest a person who is ultimately accused of DUI in the first place.
- Under the influence – Whether a person appears to be under the influence often is quite subjective and open to interpretation. Likewise, the results of field sobriety testing are subjective and may be attributed to factors other than intoxication.
Going Through the Criminal Court Process
You will go through various hearings in the criminal court process, the most important of which is your preliminary hearing. At this hearing, the Commonwealth is required to establish each of the material facts of the criminal offense with which you have been charged and to establish probable cause that you have committed the offense. These findings are necessary for the case to proceed against you.
Assuming that these findings are established by the Commonwealth, you then will proceed to arraignment, which occurs about 30 to 60 days following your preliminary hearing. At this hearing, you need not be present if you are represented by a Northampton County DUI attorney, who will hear the charges against you, and enter a plea on your behalf.
This hearing will be followed by a pretrial conference, at which various issues are discussed between your attorney and the District Attorney. If your attorney is seeking to suppress any evidence in your case, there will be a separate hearing on the motion to suppress that has been filed in your case.
Finally, if your case is not resolved by plea agreement, or an agreed-upon settlement between you and the District Attorney, then your case will proceed to trial. Once the court rules on your guilt or innocence, then the penalties that you will receive, if any, will be determined at a separate sentencing hearing.
Call Your Northampton DUI Law Firm at Once
When you are facing DUI charges, the proceedings can be complex, and the penalties can be severe. As a result, it is vital to contact The Law Offices of Steven E. Kellis today at (267) 296-4047.