DUI charges are embarrassing and stressful for anyone, but they’re a lot more than just a hassle. Whether you were pulled over on 51 on your way home from Pittsburgh or driving down Curry Road or Clairton Boulevard in Whitehall, Pennsylvania, you cannot afford to ignore a DUI charge. The consequences of a conviction can include large fines, suspension of your driver’s license, and imprisonment.
If you’ve been charged with driving under the influence in Whitehall, Pennsylvania, an experienced DUI lawyer can help you defend against the charges and pursue the best result possible in your case.
In the best-case scenario, this may mean getting your charges dismissed or winning an acquittal. Sometimes, it may mean completing some classes and having your charges dismissed once you have done so. In other cases, it may mean getting your charges or your penalties reduced so you can resolve the charges without facing the most significant penalties.
SMT Legal is a DUI defense law firm serving Whitehall, Pennsylvania, and other communities in the Pittsburgh area. We focus on providing compassionate and competent legal services to help you get through this challenging time. Protect your rights and restore your future by calling the criminal defense lawyers at SMT Legal today.
DUI charges are not all the same. The severity of the charges and the penalties you may face depends on your blood alcohol content and other factors. Under Pennsylvania law, you can be charged with a DUI based on general impairment, impairment with a high rate of alcohol, or impairment with the highest rate of alcohol.
According to the Commonwealth of Pennsylvania, general impairment means that your blood alcohol content is .08 to .99. A high BAC is .10 to .159. The highest rate of BAC is .16 and above.
However, blood alcohol content isn’t the only factor in assessing your charges. You could be subject to the penalties for a high BAC even if your blood alcohol content was lower than .10 if you were:
A minor
A school bus or school vehicle driver
In an accident that caused property damage or injury
If you refuse blood or chemical testing, you can be subject to the highest BAC penalties even if your blood alcohol content is lower than .16. You will also be subject to the highest BAC if you are under the influence of a controlled substance.
Penalties for general impairment with no prior DUI offenses include:
A misdemeanor charge
Probation for up to six months
One year ignition interlock in your car
Mandatory highway safety classes
Treatment, if ordered by the court
A $300 fine
If you have one prior DUI offense, the penalties increase, and can include:
License suspension for 12 months
Up to $2500 fine
Imprisonment for five days to six months
If you have two prior DUI offenses, penalties can include:
A second-degree misdemeanor charge
Up to two years in prison
Up to $5000 fine
If you’re convicted of a high BAC DUI offense in Whitehall, Pennsylvania, and you have no prior DUI offenses, penalties can include:
A misdemeanor
48 hours to six months imprisonment
One year ignition interlock in your car
12 months license suspension
Mandatory highway safety classes
Treatment, if ordered by the court
A $500 to $5000 fine
If you have one prior DUI offense, you’ll be charged with a first-degree misdemeanor. Prison time is 30 days to six months, and the fine is $750 to $5000.
If you have two prior DUI offenses, you can be imprisoned for 90 days to five years, fined $1500 to $10,000, and have your license suspended for 18 months.
If you have three or more prior DUI offenses, you will do a minimum of one year in prison.
If you’re convicted of the highest BAC DUI offense in Whitehall, Pennsylvania, with no prior DUI offenses, penalties can include the following:
A misdemeanor
72 hours to six months imprisonment
One year ignition interlock in your car
12 months license suspension
Mandatory highway safety classes
Treatment, if ordered by the court
A $1000 to $5000 fine
If you have one prior DUI offense, you’ll be charged with a first-degree misdemeanor, which carries an 18-month license suspension, a fine of $1500 to $10,000, and 90 days to five years imprisonment.
If you have two or more prior DUI offenses, your prison time will be one to five years, and your fine will increase to $2500 to $10,000.
How can you defend against DUI charges and protect yourself from the worst possible penalties of a DUI conviction? If you’ve never been convicted of a DUI before, one option is Accelerated Rehabilitative Disposition. The ARD program can result in the dismissal of all charges once you’ve completed a series of safe driving and alcohol counseling courses under the supervision of a probation officer.
If ARD is not an option for you, there are several strategies your DUI defense lawyer can use to beat the charges, including:
Challenging the police stop: The police are not allowed to pull people over without reasonable suspicion.
Challenging the legality of the sobriety checkpoint: If the police didn’t follow the rules for operating a sobriety checkpoint, then the stop may have been illegal.
Challenging probable cause: Police cannot arrest you and charge you with a DUI without probable cause.
Challenging the field sobriety test: If the police gave instructions incorrectly or misinterpreted the results, your field sobriety test may be inadmissible in court.
Challenging the breath test: An improperly calibrated breathalyzer can give unreliable BAC readings.
Challenging whether you controlled the vehicle: Arguing that you were not physically controlling the vehicle if the officers approached you when the vehicle was parked and the key was not in the ignition.
The judge may throw the case out of court if your lawyer can raise a strong defense against your DUI charges. Even if you can’t get the charges dismissed, prosecutors may offer you a plea deal with less significant penalties.
Don’t just resign yourself to the negative consequences of a DUI charge and conviction. People do succeed in beating these charges in cases where the police had no legitimate reason to pull them over or in which the blood alcohol test was compromised. Even if you can’t beat the charges, you can still fight for the best results possible under your circumstances. A skilled criminal defense lawyer is your best chance to avoid the worst consequences of a DUI conviction.
SMT Legal is a criminal defense and DUI firm based in Pittsburgh, Pennsylvania, serving Whitehall and nearby communities. Whether you face drug charges, DUI charges, or any other criminal matter in Whitehall, Pennsylvania, we can help you mount the aggressive defense you need. Contact SMT Legal today for your free consultation.
To find our offices located at 114 Smithfield Street in Pittsburgh, you can use these directions from anywhere in the state.
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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