Philadelphia DUI Lawyer
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Like every state, Pennsylvania treats driving under the influence (DUI) as a serious offense. If you blow over .08 at the roadside or refuse the Breathalyzer test after being pulled over, you will face an administrative driver’s license suspension. Later at your trial, you will get convicted of DUI if the prosecutor can show beyond a reasonable doubt any of the following:
- Your blood alcohol level (BAC) was over .08 while you were driving
- You were impaired by alcohol at the time you were behind the wheel
- You were under the influence of a drug when you were operating your vehicle
If you or a family member has been charged with a DUI, only a skilled and experienced Philadelphia DUI attorney can help you or your relative avoid the harshest consequences of a DUI.
What Are the Penalties for Driving Under the Influence?
You should seek out the best legal representation you can find and afford because the penalties for a DUI conviction are severe, and may include any of the following:
- Jail time or a prison sentence
- Heavy fines
- Court costs
- Loss of your driving privileges
- Attending a driving class or substance abuse treatment program at your expense
- Paying for and installing an ignition interlock device
- Increased your auto insurance premiums
- A misdemeanor or felony on your permanent criminal record
- Trouble finding a job or qualifying for professional licenses
- For students, disciplinary action from your college or university
Fortunately, your Philadelphia DUI lawyer can negotiate with the prosecutor for a more lenient sentence if a conviction is inevitable. Your attorney’s ability to negotiate a good plea bargain for you will depend in part on his or her reputation and relationship with the prosecutor’s office. That being said, the best option is of course to avoid a conviction altogether by obtaining the dismissal of the charges or a verdict of not guilty.
How Can my Philadelphia DUI Lawyer Defend my Case?
Your Philadelphia DUI lawyer will determine whether it’s possible to request the dismissal of your charges before the trial starts, because you will avoid the cost and hassle of attending court. Your lawyer may be able to obtain a dismissal when he or she can make an argument that the prosecutor does not have enough admissible evidence against you to make a trial worthwhile.
Of course, you wouldn’t be facing charges unless the prosecutor had evidence against you. But your attorney can file a motion to suppress the prosecutor’s evidence, which if successful will force the prosecutor to exclude some evidence from his or her case. Filing a motion to suppress is an option whenever there is evidence that your constitutional rights were violated during the traffic stop, arrest, or chemical test.
Prosecutors cannot use evidence that was obtained in violation of your constitutional rights—but this doesn’t keep them from trying. Your Philadelphia DUI lawyer will closely review the evidence against you to determine whether the authorities:
- Had reasonable suspicion to pull you over — if they didn’t, none of the evidence obtained from the traffic stop will be admissible
- Had reasonable cause to give you a chemical test — if they didn’t, your test results will not be usable
- Administered your sobriety test, breath test, or chemical test according to procedure — if they didn’t, these test results must be excluded from your trial
- Had reasonable cause to search your car — if they didn’t, whatever they found in your car can be suppressed
In many DUI cases, the police overstep the limits of their authority and the defendant can consequently avoid criminal prosecution. But even where the police respect the suspect’s rights, a skilled attorney can take the case to trial and show that there is a reasonable doubt as to whether you were driving under the influence.
Learn more about Driving Under the Influence (DUI)
- Philadelphia DUI — the penalties and procedures for DUI that are specific to Philadelphia
- First DUI — the consequences of a first DUI conviction
- ARD Program — how a first-time DUI offender may benefit from participating in Pennsylvania’s Accelerated Rehabilitative Disposition program.
- DUI With Blood Alcohol Over .16 — the enhanced penalties when you are very intoxicated
- Multiple DUI convictions — when your DUI convictions add up, you will face severe penalties
- DUI FAQs — find the answers to frequently asked questions here
- DUI While on Probation — if you get a DUI while you’re on probation, you may face serious penalties
- DUI Laws in Pennsylvania — DUI laws are different from state to state
- DUI Defenses — learn about how your attorney can defend your case
- DUI Case – Court Process — an explanation of how your DUI case will move through the criminal justice system
- Choosing Your DUI Defense Attorney — what to look for when deciding on a DUI attorney
- Alcohol Treatment Resources — you may receive a lenient sentence if you agree to attend a substance abuse program
- Underage DUI — learn what drivers under 21 or 18 face if they get charged with DUI
- Driving under the influence of drugs — if you drive while high, you can get a DUI
- Driving under the influence of prescription drugs — using prescription medicine could result in a DUI charge
- DUI testing — the police use a variety of methods to test a driver’s impairment
- Legal limit — depending on your BAC, you may face different penalties
- Pennsylvania DUI appeal — when is it possible to appeal a DUI conviction?
- Effects Of A DUI Conviction — the collateral consequences of a conviction may affect your life far into the future
- DUI charges and licensed professionals — a DUI conviction can make you ineligible for certain professional licenses
- Your Driver’s License And DUI — learn about how to get your driver’s license back after a DUI
If you’re facing DUI charges, Fienman Defense can help. With a proven track record of obtaining good case results for clients charged with DUI, we look forward to assisting you with your case. Call us today at for a free and confidential consultation.
Questions? Contact us today.
Based on the evidence, Fienman Defense will try to get your DUI charges dismissed or lowered. Should the case go to trial, we will fight to present the strongest defense possible for your situation.