Philadelphia Drunk Driving or DUI Attorney
After a drunk driving or DUI arrest in the Philadelphia area, you are encouraged to contact Kenneth L. Baritz & Associates, P.C., to schedule a no-obligation consultation. Learn what the law has to say about your rights ― and the risks to your future if you are convicted.
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:
(1) Whether you have any prior DUI convictions (including “ARD” and other similar diversion programs) within the last ten years,
(2) The level of alcohol and/or drugs that were in your system,
(3) Whether you refused to take a breathalyzer or blood test, and
(4) 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.
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 court costs and fees
- An alcohol highway safety class
- Requirement of an ignition interlock device in your car.
The Prosecution Must Prove Their Case Against You
There are two essential things that the prosecution must prove in a DUI case.
- First, they must prove that you were in actual operation of the car, which generally means that you were driving.
- Second, they must prove that you were under the influence of drugs and/or alcohol, making you unfit to safely operate a motor vehicle.
We Are Ready to Defend
The two major potential defenses in a DUI case are non-operation (if you were not driving) and non-intoxication (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. Contact a DUI defense lawyer at Kenneth L. Baritz & Associates, P.C., to learn how we may use this or other plausible defenses to protect your interests after an arrest for driving under the influence of drugs and/or alcohol.
There May Be No Case at All
A successful attack to the charges may examine 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.
