Franklin Park DUI Lawyer

Trusted DUI Defense Attorney in Franklin Park, PA

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.

Understanding DUI Laws in Franklin Park

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.

Christopher P. Thomas

Partner Criminal Defense Attorney

Your Future. is Our Present

Schedule a Consultation

Call/Text<br /> an Attorney Today 412-448-6887

Penalties and Consequences of DUI Convictions

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:

First Offense

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

Second Offense

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

Third or Subsequent Offense

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:

First Offense

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

Second Offense

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

Third or Subsequent Offense

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:

First Offense

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

Second Offense

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

Third or Subsequent Offense

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:

BAC Below 0.10 Percent and Incapable of Safe Driving

No suspension for a first offense under specific criteria, 12-month suspension for a second or subsequent offense:

BAC of 0.10 Percent or More

12-month suspension for a first or second offense, 18-month suspension for a third or subsequent offense

Out-of-State DUI Conviction

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.

Potential Defenses to DUI Charges

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:

Challenging the Legality of the Traffic Stop

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.

Contesting the Reliability of Field Sobriety or Chemical Test Results

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.

Moving to Exclude Evidence or Statements from the Prosecution’s Case

In some cases, a defendant may file motions to exclude evidence because police or prosecutors obtained the evidence through an unlawful search or interrogation.

Contact Our Firm Today to Discuss Your Options

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.

Protecting your rights. Restoring your future.

This Changes Everything. We’re Ready Anyway.

Call/Text Now : 412-448-6887

Directions to Our Office in Pittsburgh

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:

From the North:

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.

From the South:

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.

From the East:

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.

From the West:

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.