DUI Lawyer in Philadelphia
If you live in the Philadelphia area and have been charged with a DUI, you need an experienced DUI defense lawyer in Montgomery County, PA, like Mark Hauser to help with your case. A DUI charge is serious, and it requires help from a knowledgeable, experienced attorney with a background in DUI and traffic accident law. Hiring the right lawyer can mean the difference between a life-changing sentence and a more lenient one, so it’s important to ensure you hire a DUI attorney in the Philadelphia area to provide you with the strongest, most aggressive defense.
We Will Defend Your Case & Explore All Possible Defenses
Mark Hauser will defend your drunk driving or DWI case aggressively. Our goal is to ensure that you get the representation possible from the day you were charged to the day of your case. We’ll also explore all possible defenses to help minimize penalties. As the top-rated attorney in Philadelphia, we handle state and federal cases, including adult and juvenile defense, accident cases, traffic tickets, and DUI cases. Mark has over 30 years of experience, so you’ll receive the most comprehensive defense possible if we handle your case. Whether you need an experienced drug possession lawyer in Philadelphia or someone to help defend you during a DUI trial, our law firm is here to help you navigate the complexities of the modern legal system.
The Differences Between DUI & DWI
The term DUI stands for “driving under the influence,” while DWI stands for “driving while intoxicated.” In some states, like California, these two terms are interchangeable and have the same meaning that refers to the same crime. In other states, DWI is used to describe someone who is less intoxicated than a driver who might be charged with drunk driving or DUI. It’s extremely important to note that in Philadelphia and the rest of Pennsylvania, there is no DWI charge. Instead, everything is considered DUI, and the state has zero tolerance. In other words, any blood alcohol concentration (BAC) over the legal limit is a crime.
Here’s how the state breaks down DUI (remember, DWI charges don’t apply in Pennsylvania):
General impairment DUI: BAC between 0.8% to 0.0999%
High DUI: BAC from 0.10% to 0.159%
Highest DUI: BAC from 0.16% and higher
What To Do if You Are Arrested for DUI
If you’ve been arrested for DUI (Driving Under the Influence) in Philadelphia, it’s crucial to know exactly what to do to protect yourself and your rights. Keep these important tips in mind if you are arrested for DUI:
Remember that you have a right to remain silent. Do not answer any questions beyond your basic identifying information, such as your name and address. Legally, you may politely decline to answer any other questions about the incident until you have spoken to a lawyer.
If you are arrested and/or charged with DUI, make sure you request a lawyer as soon as possible. You can tell the police that you’d like to speak to your attorney before you answer any more questions.
You may have to take a breathalyzer test so police can confirm and record your blood alcohol content at the time of the incident or accident. In Pennsylvania, you do not have the right to refuse to take a breathalyzer test, so be aware that if you do, your license will be suspended for one year just for the refusal
For those who are arrested and taken to jail, arrange for a sober friend or family member to pick you up as soon as you’re able to be released.
As soon as you get out of jail, contact a DUI attorney immediately. Explain your situation and ask if they are willing and able to talk about your legal options moving forward. Keep in mind that you can face DUI charges even if you weren’t in an accident.
Make sure you record all information about the date and time of your arrest, the arresting officer’s name, and all other relevant information about the incident.
Once a court date is set, it’s vital that you attend all of your scheduled DUI court dates and never miss an appointment. Remember that you should never admit guilt, even if you’re talking about your case or arrest, to people you trust, like family members and friends.
Take note of the DUI laws in Philadelphia, so you’re familiar with the current laws and sentencing guidelines. The more information you have, the better you’ll be able to make your case and defend yourself in court.
Keep in mind that your lawyer might encourage you to negotiate a plea bargain with the prosecution, depending on your unique circumstances.
Possible DUI Penalties in Philadelphia
The penalties for drunk driving (DUI) in Philadelphia usually vary depending on the level of impairment. Someone with a BAC of 0.10% to 0.159% or someone who refuses to take a chemical BAC test may receive anywhere from two days to six months in prison. Fines usually range from $500 up to $5,000. In almost every instance, the defendant will also receive a 12-month license suspension. Other penalties may include mandatory DUI class attendance or further license restrictions.
If this is your first DUI offense in Philadelphia, it is considered a misdemeanor and usually includes a fine, probation, and possible driver’s license suspension. If it’s your second offense, it’s still considered a misdemeanor, but you may face mandatory jail time, a fine, and a one-year license suspension. Drivers must also install an ignition interlock device. For those who have a third DUI offense in Philadelphia, it is a second-degree misdemeanor that includes jail time, a fine, and a one-year license suspension.
DUI Charges for Underage Drivers
The DUI penalties are strict for underage drivers in Philadelphia, which is why you need an experienced lawyer to represent you. The BAC legal limit for drunk driving for any driver under the age of 21 is 0.02%. All penalties are structured in a three-tier system based on your BAC, and any driver under the age of 18 is referred to the juvenile court system, which focuses on rehabilitation more so than penalties. However, underage DUI penalties may also include jail time that ranges from two days to six months, fines ranging from $500 to as much as $15,000, license suspension from one year to 18 months, and mandatory attendance at alcohol highway safety school. Underage drivers may also be ordered to attend a drug and alcohol treatment program, and driving privileges are usually taken away, even if there was no motor vehicle involved in the incident. Contact our traffic ticket lawyer in Philadelphia to find out how we can help you.
Can DUI Convictions Be Reversed?
In some cases, a DUI conviction can be reversed, but you’ll need the help of an attorney to ask for an appeal. It could be worth pursuing if you feel that there was something wrong involving your specific case. Some examples of when the conviction may possibly be reversed include legal errors, constitutional violations, or if new evidence is presented that helps to prove the defendant’s innocence. Other examples include potential prosecutorial misconduct or if there were improper jury instructions, or judicial errors. It may also be reversed or overturned if the breathalyzer test is proven to be inaccurate, the police report contains errors, or the arrest procedure is performed improperly based on the law.
Don’t let a DUI charge prevent you from getting representation from a skilled attorney. If you've been charged with DWI or DUI, you need a lawyer who knows and understands the law. If you're ready to seek the help you need for your DUI case, be sure to contact Mark Hauser for a consultation at (267) 584-4093 or contact us today!