Facing a DUI charge in Murrysville, Pennsylvania, is a stressful, anxiety-producing experience. When your reputation and future are at stake, you deserve to have someone on your side who can explain your options, guide you through the criminal justice system, and seek the best outcome possible.
Let an experienced criminal defense attorney from SMT Legal be the ally you need during this difficult time. Contact us today for a free initial case evaluation with a DUI defense lawyer serving Murrysville so we can start protecting your rights and restoring your future.
Remember, you do not have to face the criminal justice system alone. A DUI defense attorney from SMT Legal can help you seek a favorable resolution to your intoxicated driving charges by:
Thoroughly investigating your charges to obtain all available evidence in the case, including evidence not uncovered by the police or prosecution
Identifying possible legal defenses and case strategies that can help us pursue a positive outcome for you
Explaining the details of your charges and the potential outcomes to help you make decisions for your best interests at each stage of the criminal process
Contesting every aspect of the prosecution’s case, including moving to exclude evidence or challenging the sufficiency of the evidence
Presenting a compelling case at trial should going to court offer you the best chance to defend your innocence, rights, and reputation.
Under Pennsylvania law, a person commits a DUI offense when they drive, operate, or have actual physical control over the movement of a vehicle after ingesting a sufficient amount of alcohol to render them incapable of safe driving. Furthermore, a person commits a per se DUI offense if they have a breath or blood alcohol content of 0.08 percent within two hours of having driven, operated, or exercised actual physical control of a motor vehicle.
A person can also commit DUI when they drive, operate, or have actual physical control of a vehicle while they have any detectable amount of:
Any Schedule I controlled substance
A Schedule II or III controlled substance not medically prescribed to the person
Any drug (or combination of drugs and alcohol) that has impaired the person’s ability to drive safely
Pennsylvania imposes a lower per se DUI limit of 0.02 percent for drivers under 21. Furthermore, CDL holders operating a commercial vehicle commit per se DUI with a BAC of 0.04 percent or more.
In Pennsylvania, the penalties for a DUI conviction can vary depending on the number of prior DUI convictions a driver has and the driver’s blood/breath alcohol content at the time of their arrest. Pennsylvania categorizes alcohol impairment as general impairment (an undetermined BAC or a BAC of 0.08 to 0.099 percent), high BAC (0.10 to .159 percent), and highest BAC (.16 percent or higher).
First DUI: $300 fine, up to six months of probation, requirement to attend alcohol safety school, substance abuse treatment (if ordered), and one-year ignition interlock requirement
Second DUI: $300 to $2,500 fine, jail term of five days to six months, one-year driver’s license suspension, requirement to attend alcohol safety school, substance abuse treatment (if ordered), and one-year ignition interlock requirement
Third or subsequent DUI: $500 to $5,000 fine, ten days to two years of incarceration, one-year driver’s license suspension, substance abuse treatment (if ordered), and one-year ignition interlock requirement
First DUI: $500 to $5,000 fine, 48 hours to six months in jail, requirement to attend alcohol safety school, substance abuse treatment (if ordered), one-year driver’s license suspension, and one-year ignition interlock requirement
Second DUI: $750 to $5,000 fine, jail term of 30 days to six months, one-year driver’s license suspension, requirement to attend alcohol safety school, substance abuse treatment (if ordered), and one-year ignition interlock requirement
Third DUI: $1,500 to $10,000 fine, 90 days to five years of incarceration, 18-month driver’s license suspension, substance abuse treatment (if ordered), and one-year ignition interlock requirement
Fourth or subsequent DUI: $1,500 to $10,000 fine, one to five years in prison, 18-month driver’s license suspension, substance abuse treatment (if ordered), and one-year ignition interlock requirement
First DUI: $1,000 to $5,000 fine, 72 hours to six months of incarceration, the requirement to attend alcohol safety school, substance abuse treatment (if ordered), one-year of driver’s license suspension, and one-year ignition interlock requirement
Second DUI: $1,500 to $10,000 fine, 90 days to five years of incarceration, 18-month driver’s license suspension, requirement to attend alcohol safety school, substance abuse treatment (if ordered), and one-year ignition interlock requirement
Third or subsequent DUI: $2,500 to $10,000 fine, one to five years in prison, 18-month driver’s license suspension, substance abuse treatment (if ordered), and one-year ignition interlock requirement
Drivers can face even more severe penalties in DUI cases involving felony charges. Prosecutors may charge a driver with a felony DUI if they cause an accident that injures or kills another person or if their driving behavior recklessly endangers another person’s life.
A driver facing prosecution for a DUI in Murrysville may assert various factual or legal defenses to a DUI charge based on the facts and circumstances of the case. Common defense strategies pursued in DUI cases include:
Challenging the legality of the DUI stop: A defendant may fight a DUI charge by arguing that the arresting officer lacked reasonable suspicion or probable cause to believe that the defendant committed a traffic violation or criminal offense to justify the traffic stop or did not develop reasonable suspicion/probable cause without unlawfully prolonging the stop.
Challenging field sobriety/chemical testing: Defendants may challenge the admissibility or reliability of field sobriety or chemical testing results by showing that officers failed to follow testing protocols or used uncalibrated testing equipment.
Moving to exclude inculpatory statements: A defendant may seek to exclude statements made after detention or arrest by showing that officers unlawfully questioned them.
Arguing insufficient evidence of intoxication or control of the vehicle: A defendant might argue that the prosecution lacks evidence to prove beyond a reasonable doubt that the driver was intoxicated or that they operated or exercised actual physical control of a motor vehicle while intoxicated.
Alternatively, a defendant may seek to arrange a plea bargain, in which they plead guilty to the lesser charge of reckless driving in order to avoid the harsher penalties of a DUI conviction.
If you’ve been arrested for a DUI in Murrysville, you need experienced legal counsel to defend your rights, reputation, and freedom. Contact SMT Legal today for a free, confidential consultation with our dedicated attorneys to discuss your legal options for pursuing a favorable resolution to DUI charges in Murrysville or elsewhere in Westmoreland County.
Clients can reach our office at 114 Smithfield Street, Pittsburgh, PA 15222:
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