Has the West Mifflin Police Department arrested you on suspicion of DUI? Get the staunch legal advocacy you need to protect your rights and interests. Contact SMT Legal today for a free initial case review with a knowledgeable criminal defense lawyer to learn how our firm will fight for your rights, reputation, and future in your DUI case.
Even when facing a first-time DUI charge in West Mifflin, hiring experienced legal counsel can make a difference in the outcome of your case and your future. Choose a DUI defense attorney from SMT Legal for help. We know how much your case means to you and treat it with the same importance as you. Our attorneys will work tirelessly to protect your rights as you face prosecution. Our decades of combined experience allow us to develop and pursue tailored legal strategies and solutions to fight for the best possible resolution to your DUI charges under the circumstances of your case.
In Pennsylvania, a person commits a DUI when they drive, operate, or exercise actual physical control over the movement of a motor vehicle after consuming a sufficient quantity of alcohol or drugs as to render them incapable of the safe operation of a vehicle. However, a person can also commit DUI per se if they have a breath/blood alcohol content of 0.08 percent or more, regardless of their ability to operate a vehicle under such intoxication.
Pennsylvania also has an implied consent law that requires drivers to submit to breath, urine, or blood testing for alcohol or drugs if requested by law enforcement following a valid DUI arrest. A driver who refuses a valid request to submit to chemical testing may face administrative penalties, such as suspension of driving privileges.
A DUI conviction carries various penalties and consequences. Sentences for DUI convictions in West Mifflin will depend on factors such as the degree of the driver’s intoxication upon their arrest and the number of prior DUI convictions they have. Penalties for a conviction involving an undetermined blood/breath alcohol content or a BAC of 0.08 to 0.099 percent include:
First offense: $300 fine, up to six months of probation, alcohol highway safety school requirement, and a one-year ignition interlock requirement
Second offense: $300 to $2,500 fine, five days to six months in jail, alcohol highway safety school requirement, a one-year ignition interlock requirement, and a 12-month driver’s license suspension
Third or subsequent offense: $500 to $5,000 fine, 10 days to two years in jail or prison, alcohol highway safety school requirement, a one-year ignition interlock requirement, and a 12-month driver’s license suspension
Penalties for a conviction arising from an arrest involving a BAC of 0.10 to 0.159 percent include:
First offense: $500 to $5,000 fine, 48 hours to six months in jail, alcohol highway safety school requirement, a one-year ignition interlock requirement, and a 12-month driver’s license suspension
Second offense: $750 to $5,000 fine, 30 days to six months in jail, alcohol highway safety school requirement, a one-year ignition interlock requirement, and a 12-month driver’s license suspension
Third or subsequent offense: $1,500 to $10,000 fine, 90 days to five years in jail or prison, alcohol highway safety school requirement, a one-year ignition interlock requirement, and an 18-month driver’s license suspension
Penalties for a conviction in cases involving a BAC of 0.16 or more, intoxication by controlled substances, or a refusal to submit to chemical testing under the implied consent law include:
First offense: $1,000 to $5,000 fine, 72 hours to six months in jail, alcohol highway safety school requirement, a one-year ignition interlock requirement, and a 12-month driver’s license suspension
Second offense: $1,500 to $10,000 fine, 90 days to five years in jail or prison, alcohol highway safety school requirement, a one-year ignition interlock requirement, and an 18-month driver’s license suspension
Third or subsequent offense: $2,000 to $10,000 fine, one to five years in prison, alcohol highway safety school requirement, a one-year ignition interlock requirement, and an 18-month driver’s license suspension
In addition, courts can order convicted defendants to attend substance abuse treatment as a condition of their sentence. Even if a driver enters the Accelerated Rehabilitation Disposition program to resolve their charges, they may have to serve a driver’s license suspension.
DUI convictions, even for a first-time offense, can also have long-term financial and personal consequences for drivers. Auto insurance companies may choose to increase policy premiums for drivers with DUI convictions as they may pose a higher risk of causing an accident due to their willingness to drive while intoxicated. A DUI conviction will also result in a criminal record that can show up on background checks for job, housing, or educational program applications, making seeking such opportunities more challenging due to the stigma of a conviction.
Depending on the facts and circumstances of your case, you may have possible defense strategies you can pursue to fight your charges and seek a more favorable outcome to your charges. Potential defenses in DUI cases include:
Unlawful traffic stop: Defendants may present evidence showing that the arresting officer(s) lacked reasonable suspicion or probable cause of a DUI or another traffic or criminal infraction to support the traffic stop.
Unreliable field sobriety or chemical test results: A defendant may challenge the reliability of field sobriety or chemical test results by identifying violations of testing protocols, uncalibrated testing equipment, or health/environmental factors that could have affected the test results.
Insufficient evidence of control of a vehicle: Defendants may argue that the prosecution lacks sufficient evidence to prove beyond a reasonable doubt that they drove or exercised actual physical control over a motor vehicle while intoxicated, such as when police find an intoxicated person sleeping in a vehicle.
Defendants may also fight DUI charges by seeking to exclude other evidence from the prosecution’s case if law enforcement obtained evidence or inculpatory statements through an unlawful search or interrogation.
Defense strategies in first-time DUI cases may involve pursuing admission to the Accelerated Rehabilitation Disposition program. This program includes rehabilitation requirements and allows defendants who complete the program to avoid the consequences of a conviction or criminal record.
If you’ve been charged with intoxicated driving in West Mifflin, don’t wait to get the legal help you need to pursue a favorable resolution to your DUI case. Contact SMT Legal today for a free, confidential consultation with our team of DUI defense attorneys serving West Mifflin to discuss your legal options in your case.
When you’re ready to talk to an experienced criminal defense lawyer about your DUI case, come visit our office at 114 Smithfield Street, Pittsburgh, PA 15222. To get here:
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