Philadelphia DUI Lawyers
One of the most common criminal charges in Philadelphia is driving under the influence (DUI). Although it is a common criminal offense, it’s also so has one of the most strictest penalties the state has. For example, you could spend as long as two years in prison if you are convicted DUI for the third time. That’s why it is important to contact a DUI lawyer immediately to learn more about fighting your DUI charge.
Philadelphia DUI Categories
The Commonwealth breaks a DUI offense into three separate categories. Let’s start with explaining what will cause a driver to get a DUI charge. In Philadelphia, it is illegal to operate a motor vehicle when a driver has a blood alcohol concentration (BAC) of 0.08 percent or higher. This is according to Pennsylvania law outlined in 2003 Act 24 of the Crimes and Offenses Statute.
The higher the BAC level, the higher the DUI charge. Here is the punishment for a first-time DUI charge:
1. General Impairment: 0.08 percent to 0.099 percent
2. High Blood Alcohol Concentration: 0.10 percent to 0.159 percent
3. Highest BAC: 0.16 percent and higher. The highest BAC includes drugged driving and refusing to take a breathalyzer test. Drugged driving involves operating a motor vehicle while under the influence of drugs, not alcohol. A breathalyzer test is a roadside test police give to determine whether a driver is under the influence of alcohol. It takes a sample of your breath. It is against the law to refuse to take the test because each driver provides implied consent to the test when they operate a motor vehicle.
It is important to contact a lawyer if you are charged with first, second, third or subsequent DUI charge.
Factors In a First DUI Offense
In the Commonwealth, prosecutors like to make examples out of first time DUI offenders in hopes of preventing a second offense. They also want to prevent other from driving under the influence. If you have a clean driving record and no criminal history, you still face some harsh DUI penalties. Some factors that influence the outcome of a first-time DUI conviction include:
1. Your age
2. Age of any passengers in the vehicle
3. The degree of injuries sustained by victims (if there was a crash) or any property damage
4. Your alleged level of impairment (general, high BAC or highest BAC).
5. Your driver status such as working as a commercial vehicle driver
DUI Penalties in Philadelphia
As we mentioned, DUI penalties increase with each DUI offense or the circumstances surrounding the offense. Here are some of the penalties associated with a DUI conviction:
First DUI, General Impairment is a misdemeanor. You face six months of probation, fine and alcohol highway safety school and treatment (if ordered).
First DUI, High BAC is an ungraded misdemeanor. You face two days to six months in county jail, fine, license suspension and safety school and treatment.
First DUI, Highest BAC is an ungraded misdemeanor. You face three days to six months in county jail, license suspension, fines, safety school and treatment.
The DUI charges can increase if prosecutors have other factors develop later. These factors include being charged with additional DUIs and someone was injured or property was damaged.
Contact Our Law Offices about Your DUI Case
When facing a DUI charge, you need the best DUI Philadelphia lawyers in town. We are your DUI Philadelphia lawyers. By emphasizing certain details and facts, while seeking to suppress other evidence that will hinder the case, we mitigate the consequences of the charge.
We will work to get your case dismissed while we build a solid defense for you. It is your legal right to defend yourself against this charge. It doesn’t matter if you think Commonwealth prosecutors have all the evidence they need to convict you. This is your moment to defend yourself against a DUI charge and avoid the harsh penalties associated with a conviction of DUI. Contact us now.