Choose a Dependable Law Firm To Handle Your Legal Issues CONTACT ME TODAY

DUI Defense Attorney in King of Prussia, Pennsylvania

According to the Pennsylvania Department of Transportation (PennDOT), about 49,730 DUI arrests were made statewide in 2018. In the state of Pennsylvania, driving while under the influence of drugs or alcohol is considered a very serious crime. If convicted, the defendant could face severe punishment, including lengthy jail time, substantial fines, license suspension or revocation, and other social ramifications.

If you have been arrested and charged with drunk driving, it is paramount that you retain a skilled and aggressive Pennsylvania DUI attorney immediately to protect your rights. Attorney David Downey is committed to defending individuals facing DUI charges. I can fight vigorously on your behalf to defend your rights, provide the knowledgeable legal representation you need, and fight the charges against you in pursuit of a favorable outcome.

The Downey Firm, LLC is proud to represent clients throughout King of Prussia, Pennsylvania, and the surrounding communities of Montgomery County, Philadelphia County, and Bucks County.

Understanding DUI we
Charges in Pennsylvania

Under Pennsylvania DUI laws, driving or being in physical control of a motor vehicle while under the influence of drugs, controlled substances, or alcohol is prohibited. Also, an individual is considered to be "under the influence" of alcohol or drugs if their driving is impaired or they are rendered incapable of driving safely.

Furthermore, a person driving with a blood alcohol content (BAC) of at least .08 percent can be convicted with no proof of actual impairment (this is considered a "per se" DUI). For commercial drivers, bus drivers, and drivers below the age of 21, the BAC threshold is only .04 percent, .02 percent, and .02 percent, respectively.

Your Rights Regarding Chemical Tests

Under Pennsylvania's implied consent laws, anyone with a driver's license agrees to submit to BAC testing if requested by a police officer or law enforcement agent. However, you do have the right to refuse a chemical test, but your driver's license will be suspended immediately by the Pennsylvania Department of Public Transportation.

You Have Rights
PUT A STRONG DEFENSE ON YOUR SIDE

Possible Penalties for a
DUI in Pennsylvania

Pennsylvania penalizes individuals found guilty of committing DUI using a unique tier system. The tiers are based on your BAC levels. The punishment for a DUI can vary depending on how high your BAC level is and the number of previous convictions you have on your record. If convicted of drunk driving charges in Pennsylvania, the potential penalties you could face include:

General Impairment:

General impairment is defined as anyone who has been caught operating a vehicle with a BAC level of at least .08 but less than .10 percent OR anyone who has had a "sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle." Therefore, you can be convicted of general impairment even without a BAC of .08.

First Offense

  • Jail: 6 months of probation but no jail time

  • Fines: $300

  • License Suspension: None

Second Offense

  • Jail: 5 days to 6 months

  • Fines: Between $300 and $2,500

  • License Suspension: 12 months

Third Offense

  • Jail: 10 days to 2 years

  • Fines: Between $500 and $5,000

  • License Suspension: 12 months

High-Rate Charges

A high rate charge is defined as anyone who has been caught operating a vehicle with a BAC level of at least .10 percent, but less than .16 percent.

First Offense

  • Jail: 48 hours to 6 months

  • Fines: Between $500 and $5,000

  • License Suspension: 12 months

Second Offense

  • Jail: 30 days to 6 months

  • Fines: Between $750 and $5,000

  • License Suspension: 12 months

Third Offense

  • Jail: 90 days to 5 years

  • Fines: Between $1,500 and $10,000

  • License Suspension: 18 months

Highest-Rate Charges:

The highest rate charge is one that can be defined as anyone who has been caught operating a vehicle with a BAC level of .16 percent or more, or a suspect who has refused breathalyzer testing.

First Offense

  • Jail: 72 hours to 6 months

  • Fines: Between $1,000 and $5,000

  • License Suspension: 12 months

Second Offense

  • Jail: 90 days to 5 years

  • Fines: Between $1,500 and $10,000

  • License Suspension: 18 months

Third Offense

  • Jail: 1 year to 5 years

  • Fines: Between $2,500 and $10,000

  • License Suspension: 18 months

Accelerated Rehabilitative
Disposition (ARD) Program

First-time DUI offenders (drivers who have no previous DUI convictions within the past ten years) can participate in an alternative program to receive a reduced punishment. The defendant must complete:

  • A drug and alcohol evaluation and recommended treatment

  • An alcohol highway safety school program

  • Court supervision for a period between 6 and 12 months

  • A reduced driver's license suspension period

The DUI charges will be dismissed once all of the ARD program's requirements have been successfully completed.

Possible Defenses for a DUI Charge

Some possible defenses against a DUI charge in Pennsylvania include:

  • Proving that the arrest was made unlawfully

  • Proving that the driver wasn't impaired by drugs or alcohol

  • Showing that the Breathalyzer unit was improperly calibrated

  • Proving that urine tests or blood samples were contaminated

  • Proving that the testing was not carried out in accordance with state laws

  • Proving that the driver was intimidated into taking a chemical test or field sobriety test

  • Showing that the arresting officers failed to follow due diligence

Work with a Skilled DUI Defense Attorney
in King of Prussia, Pennsylvania Today

Trying to defend your DUI charges without the detailed guidance of an experienced DUI Defense attorney can potentially increase your risk of receiving the maximum penalties. If convicted, you could face substantial fines, prison time, license suspension, and other life-altering ramifications. That’s why it is crucial that you hire an aggressive and highly-skilled Pennsylvania criminal defense attorney as soon as possible to help protect your rights and build a strong case for your defense.

For over two decades I have devoted my career to providing experienced legal services and comprehensive representation to clients facing DUI charges. As a knowledgeable Pennsylvania DUI defense attorney, I will investigate the details of your case to determine an effective defense strategy that can maximize your chances of receiving the best possible outcome for your situation. Don’t face these charges on your own. Reach out to my office today to schedule a case evaluation and put my extensive legal knowledge and experience on your side.

Experienced DUI Defense Attorney Serving King of Prussia, Pennsylvania

Facing a DUI charge can be scary and overwhelming. The good news is, you don’t have to face your drunk driving charges alone. Contact The Downey Firm, LLC, today to schedule a one-on-one case assessment. I can offer you the detailed legal guidance, advocacy, and comprehensive representation you need. I proudly represent clients throughout King of Prussia, Montgomery County, Philadelphia County, and Bucks County, Pennsylvania.