DUI

After a drunk driving or DUI arrest in the Philadelphia area, it is important that you speak with an experienced criminal defense lawyer. Even if you failed a Breathalyzer test or blood test, or refused to take one, you have rights that should be protected throughout the legal process.

If you are looking for a Philadelphia drunk driving defense lawyer, who also serves areas such as Willow Grove, contact Kenneth L. Baritz & Associates, P.C., to schedule a no-obligation consultation. Learn what the law has to say about your rights.

Beware New Mandatory Minimum Sentences For DUI In Pennsylvania

Beginning in 2004, the Pennsylvania legislature enacted a new set of DUI laws that include mandatory minimum sentences for DUI convictions.

The applicable mandatory minimum sentence is determined by a number of factors:

  • Whether you were convicted of multiple DUI offenses (including "ARD" and other similar diversion programs) within the last 10 years
  • The level of alcohol and/or drugs that were in your system
  • Whether you refused to take a Breathalyzer or blood test
  • Whether there was an accident

The penalties get increasingly harsher with each subsequent DUI conviction. With respect to alcohol, there are three relevant tiers to consider.

  • The first tier of blood-alcohol level above the legal limit is a level of at least .08 but less than .10.
  • The second tier is a level of at least .10 but less than .16.
  • The third tier is a level of at least .16, or if you refuse a Breathalyzer or blood test

Other Consequences Of A Drunk Driving Or DUI Conviction

In addition to whatever probation or incarceration is called for under the applicable mandatory minimum sentence, there are also a number of other consequences that may follow a DUI conviction, including the following:

  • Loss of driver's license for a period of time
  • Payment of court costs and fees
  • An alcohol highway safety class
  • Requirement of an ignition interlock device in your car

Philadelphia Drunk Driving Defense Attorneys Ready to Defend

The two major potential criminal defenses in a DUI case are nonoperation (if you were not driving) and nonintoxication (if you were not under the influence while driving). Obviously, the applicability of either potential defense would depend on the particular facts and circumstances of your case.

A successful attack to the charges may depend on the initial car stop by police. There is no valid case against you if there was no adequate reason to pull your car over. We can also challenge the results of any Breathalyzer or blood test if the test was done improperly or was not completed within the mandated time period.

Contact a Philadelphia DUI DWI defense attorney at Kenneth L. Baritz & Associates, P.C., to learn how we defend your interests after an arrest for driving under the influence of drugs and/or alcohol.