Pennsylvania Drunk Driving Laws And Penalties
At Bompadre Law, we know that being charged with a DUI in Pennsylvania can be nerve-racking, confusing, and downright scary. That is why we are here to help you survive the process. If you have been charged with Drunk Diving in Pennsylvania, you have a right to fight the charges. Pennsylvania’s’ drunk driving laws are complicated. Don’t get confused, contact us and let us help you through the process of understanding what to expect. We have over 28 years of experience with the Commonwealth’s drunk driving laws and we vow to fight your DUI charges. Let Bompadre Law help you through this stressful time.
Pennsylvania DUI Laws
You can find more information about DUI laws by using the following links:
- 1st Offense
- 2nd Offense
- 3rd Offense
- Accident / Injury Involved
- Homicide while DUI
- Commercial Drivers
At Bompadre Law, We Fight DUI Charges
Bompadre law prides itself on our aggressive and vigorous defense of your DUI, criminal or traffic matter. We treat every case with the extreme care and attention to detail you deserve; no stone is left unturned, regardless of the severity of the crime. Bompadre law treats a speeding ticket with the same intensity as we would a capital murder case. We understand that to you, your case is the most important thing. Let Bompadre Law fight your DUI charges for you and help guide you through the court process.
What should you do When Faced with Arrests and DUI Charges?
First, call right away. There is no reason to panic. The criminal justice system works slowly. Usually you will have many options to consider. Depending on your circumstance and your charges, you may have to respond within a specified time period. For that reason, whenever there is an arrest, time is of the essence. As an accused, you have certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member. I am available 24 hours a day, and am ready to immediately respond to your crisis. I will work with you to obtain bail through appearing before the Judge for preliminary arraignment and help in organizing the posting of property, cash percentage or a bail bondsman.
If you are charged with drunk driving in Pennsylvania you have a right to fight your DUI charges and I can help. Let Bompadre Law analyze your case. We may be able to possibly challenge the following:
- Whether there was reasonable suspicion for the police to stop your car.
- Whether the questioning of you at the roadside or afterwards was done legally.
- Whether the Pre-Arrest Breath Test results indicated that you were under the legal limit.
- Whether the Standard Field Sobriety Tests were administered properly and their results properly interpreted.
- Whether the evidence properly gave rise to probable cause to arrest.
- Whether the Breath test and Blood test result themselves should be admissible.
- Whether the possible PennDOT suspension of your license should be upheld or even applied.
** Breath and Blood test results can be challenged to have them excluded as evidence based on numerous factors, including previous equipment malfunctions. In the case of a Breathalyzer, the maintenance, calibration and use of the Breathalyzer machine can be challenged if legal upkeep requirements have not been followed, and if successful, an argument made that the results should be excluded. In the case of a Blood Test, we look into possible violations in the police officer’s securing of your consent to submit to a blood sample and to challenge the subsequent collection and analysis of your blood specimen. Likewise, possible 4th Amendment violations can constitute a basis for refusing to provide a blood sample. Breath and Blood Test results can be inaccurate due to improper equipment maintenance and a number of cases have been dismissed or the Commonwealth agreed to a reduction of charges due to improperly maintained equipment. Without competent counsel, challenges to the admission of this evidence can be overlooked.
At Your Preliminary Hearing, Bompadre Law can help your case
A preliminary hearing is technically about whether or not the Commonwealth can meet its burden before a Magisterial District Judge that a prima facie case exists. This is the lowest burden of proof in the criminal justice system. It means that the Commonwealth must merely show that it is likely that a crime was committed, and that it is likely that the accused committed it. Interestingly, a preliminary hearing is not a place where the accused is allowed to present a defense, and the credibility of the Commonwealth’s witnesses cannot be attacked. A preliminary hearing is also where charge bargaining can occur, such as reduction, amendment or the withdrawal of charges, or substitution of more serious charges with less serious ones. Depending upon the circumstances, it can be very important to the posture of the case to have a hearing.
There are three reasons why you should conduct a Preliminary Hearing and not just waive your right to one. First, Bompadre Law can defend the case in such a way that some or all of the charges are dismissed because there is a not enough evidence. Secondly, it makes the testifying witnesses tell their version of events so that if they change their story or lie about the situation in a subsequent proceeding, their credibility be impeached with their prior inconsistent statement they gave at the Prelim. Thirdly, it can help establish and develop the ground work and testimony concerning potential suppression issues and also allows a preliminarily exploration of the type and quality of evidence against you. I have yet to conduct a Preliminary Hearing where I did not learn some important facts about the evidence in a case. Because of this, a preliminary hearing can be crucial to your case, and without proper legal representation, you make it easier for the Commonwealth to convict you. Even if you feel that you are guilty, an attorney can still achieve some benefits for you for if waiving your right to a preliminary hearing turns out to be in your best interest. Let Bompadre Law help you with your DUI case and help you avoid going to jail or having to surrender your driver’s license down the road.
Free Case Evaluation:
Bompadre Law understands that your time and money is important. We respect that you have a choice when it comes to your legal representation. You can set up appointments or speak with Attorney Bompadre by calling. Over the phone immediate phone conferences are available regardless of the hour. Early morning appointments, after work appointments, and even weekend appointments are available. Bompadre Law accepts checks, and we can even accept all major credit and debit cards in person, over the phone and over the Internet. For more information, call us or contact us.
If you’re looking for aggressive representation contact Bompadre Law today and put Southeastern Pennsylvania’s most experienced attorney in your corner. I FIGHT!
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