Have the police stopped and arrested you for intoxicated driving in Franklin Park? Facing a DUI charge can cause considerable embarrassment and stress. You may worry about the potential consequences of an arrest or conviction, including the possibility of jail or prison time, substantial fines, and damage to your personal and professional reputation. Let the attorneys at SMT Legal help you understand your charges and options and advocate for your rights and interests. Contact us today for a free initial case evaluation with a knowledgeable DUI defense lawyer serving the residents of Franklin Park to discuss how our firm can help you protect your reputation, freedom, and future from a DUI charge or conviction.
Under Pennsylvania law, a person commits a DUI when they drive, operate, or exercise physical control over the movement of a motor vehicle after consuming drugs or enough alcohol to render the person incapable of operating a motor vehicle safely. However, a person may commit a per se violation of the DUI law when they have a blood or breath alcohol content of 0.08 percent or more within two hours of driving, operating, or exercising physical control over the movement of a motor vehicle, regardless of the person’s ability to drive safely. Furthermore, a commercial vehicle or school bus driver commits a per se violation of the DUI law if they have a BAC of 0.04 percent or more within two hours of operating a commercial vehicle or 0.02 percent or more within two hours of operating a school bus.
Penalties for a DUI conviction in Franklin Park will depend on the level of a driver’s intoxication and their history of DUI convictions. A driver may face increased penalties for driving with a higher blood/breath alcohol content or when they have prior DUI convictions. Penalties for a conviction of an offense with an undetermined BAC or a BAC of 0.08 to 0.099 percent include:
Ungraded misdemeanor imposing penalties of up to six months of probation, a $300 fine, a one-year ignition interlock requirement, the requirement to attend alcohol highway safety school, and the requirement to complete substance abuse treatment if ordered
Ungraded misdemeanor imposing penalties of five days to six months in jail, a $300 to $2,500 fine, a one-year ignition interlock requirement, the requirement to attend alcohol highway safety school, and the requirement to complete substance abuse treatment if ordered
Second-degree misdemeanor imposing penalties of ten days to two in prison, a $500 to $5,000 fine, a one-year ignition interlock requirement, and the requirement to complete substance abuse treatment if ordered
Penalties for offenses where a driver had a BAC of 0.10 to 0.159 percent include:
Ungraded misdemeanor imposing penalties of 48 hours to six months in jail, a $5000 to $5,000 fine, a one-year ignition interlock requirement, the requirement to attend alcohol highway safety school, and the requirement to complete substance abuse treatment if ordered
Ungraded misdemeanor imposing penalties of 30 days to six months in jail, a $750 to $5,000 fine, a one-year ignition interlock requirement, the requirement to attend alcohol highway safety school, and the requirement to complete substance abuse treatment if ordered
First-degree misdemeanor imposing penalties of 90 days to five years in prison, a $1,500 to $10,000 fine, a one-year ignition interlock requirement, and the requirement to complete substance abuse treatment if ordered
Penalties for driving with a BAC of 0.16 percent or higher or controlled substances in one’s system include:
Ungraded misdemeanor imposing penalties of 72 hours to six months in jail, a $1,000 to $5,000 fine, a one-year ignition interlock requirement, the requirement to attend alcohol highway safety school, and the requirement to complete substance abuse treatment if ordered
First-degree misdemeanor imposing penalties of 90 days to five years in prison, a $1,500 to $10,000 fine, a one-year ignition interlock requirement, the requirement to attend alcohol highway safety school, and the requirement to complete substance abuse treatment if ordered
First-degree misdemeanor imposing penalties of one to five years in prison, a $2,500 to $10,000 fine, a one-year ignition interlock requirement, and the requirement to complete substance abuse treatment if ordered
Drivers convicted of DUI may also serve a driver’s license suspension, including:
No suspension for a first offense under specific criteria, 12-month suspension for a second or subsequent offense:
12-month suspension for a first or second offense, 18-month suspension for a third or subsequent offense
No suspension for a first offense, 12-month suspension for a second or subsequent offense
Convicted drivers must also install an ignition interlock device on their vehicles before restoring their driving privileges under a financial hardship or employment exemption or an occupational limited license.
When facing prosecution for a DUI in Franklin Park, you may have defenses to fight your charges, depending on the facts of your case. A criminal defense lawyer from SMT Legal can help you explore defense strategies such as:
A defendant may argue that the arresting officer lacked reasonable suspicion of DUI or another offense to initiate or prolong the traffic stop or that police conducting a DUI checkpoint failed to use a neutral, objective process of selecting vehicles to stop.
Defendants may challenge field sobriety or breathalyzer/blood test results by highlighting environmental factors that could have affected testing, errors in testing administration, or the failure to calibrate testing equipment.
In some cases, a defendant may file motions to exclude evidence because police or prosecutors obtained the evidence through an unlawful search or interrogation.
After getting pulled over and charged with drunk or drugged driving in Franklin Park, you need knowledgeable legal representation to help you seek a favorable resolution to your case.
Contact SMT Legal today for a free, confidential consultation with our team to discuss your options for pursuing a positive outcome for DUI charges that will allow you to move forward with your life.
When you get stopped and arrested for DUI in Franklin Park, talk to an experienced defense lawyer at our office at 114 Smithfield Street, Pittsburgh, PA 15222. To reach our office:
Take I-279 S toward Pittsburgh. Take Exit 2A for Fort Duquesne Blvd. Merge onto Fort Duquesne Blvd, then turn right onto Sixth Ave. Continue onto Smithfield Street. The destination will be on your right.
Take I-79 N and merge onto I-376 E toward Pittsburgh. Take Exit 71A for Grant St. Merge onto Grant St, then turn left onto Sixth Ave. Turn right onto Smithfield Street. The destination will be on your right.
Take I-376 W toward Pittsburgh. Take Exit 71A for Grant St. Merge onto Grant St, then turn left onto Sixth Ave. Turn right onto Smithfield Street. The destination will be on your right.
Take I-376 E toward Pittsburgh. Take Exit 69C for Stanwix St. Merge onto Fort Pitt Blvd, then turn left onto Stanwix St. Turn right onto Fourth Ave, then turn left onto Smithfield Street. The destination will be on your left.
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