Ardmore DUI Lawyer
Drunk driving is incredibly dangerous and considered a crime in every state. If you get pulled over and a cop thinks you were driving drunk, the end result may include significant criminal penalties like fines, prison time, and the curtailing of certain rights. Moreover, your license could get suspended or revoked.
With so much at stake, you need experienced legal counsel in your corner. We have dedicated ourselves to criminal defense, so we know what it takes to fight to see that your rights are upheld and to fight for the best outcome in your case.
Call The Law Offices of Lloyd Long at (215) 302-0171 and get a free case review from our DUI defense lawyers today.
DUI Laws in Ardmore
Driving under the influence (DUI) or drunk driving is criminalized under 75 Pa.C.S. § 3802. Subsection (a) states that the base DUI offense prohibits driving, operating or being in “actual control” of a motor vehicle with a blood-alcohol concentration of at least 0.08% and less than 0.10% or with a lesser BAC that renders them incapable of operating the vehicle safely. While the exact amount of alcohol a person needs to consume to get to this point will vary based on a lot of different factors, most of the time, it only takes a handful – maybe even only one or two – beers to get to a prohibited BAC, so you run the risk of being susceptible to DUI charges if you have had even a little to drink just before operating a vehicle.
The complete statute also discusses other factors and circumstances that can affect the crime of driving under the influence, so it is important to talk about your case with our DUI defense lawyers so that we can craft the best defense for your case.
High Teir DUI
Under § 3802(b), the same as in §3802(a) applies when the individual’s BAC is at least 0.10% but less than 0.16%. The reason such conduct is outlined separately is that the penalties are more serious for individuals with higher blood-alcohol content. Additionally, § 3802(c) specifically prohibits operating, driving, or being in control of motor vehicles with a BAC of 0.16% or more for the same reason.
Controlled Substances
Although many people use “driving under the influence” and “drunk driving” synonymously, you can get a DUI for having substances in your system other than alcohol. Under § 3802(d), you cannot drive, operate or be in actual control of a vehicle when there is any Schedule I, II, or III drug in your system or when under the influence of any other drug that impairs someone from safely operating a motor vehicle. So having something like fentanyl in your system can get you a DUI, but so can prescription medication that makes it unsafe to operate heavy machinery.
Minors
There is a specific section of the Pennsylvania DUI statute that concerns minors operating motor vehicles. Since people under 21 cannot drink legally, § 3802(e) places the legal limit for the operation of motor vehicles at 0.02%. This allows for trace amounts of alcohol from food but makes it illegal to drive with virtually any consumption of an alcoholic beverage.
Commercial Vehicles
There are also separate, lower legal limits for commercial vehicles. Under § 3802(f), the legal limit is 0.02% for school bus drivers and 0.04% for all other commercial drivers of public transit buses, 18-wheelers, and so on.
Penalties for Driving Under the Influence in Ardmore
The penalties for driving under the influence in Pennsylvania are found in 75 Pa.C.S. § 3803. Depending on the circumstances of a particular DUI, you could be charged with a misdemeanor or a felony and receive other penalties like losing your license. Factors affecting the penalties you face can include prior convictions, whether anyone was hurt in an accident involving drunk driving, whether any minors were passengers in your vehicle, and other varying circumstances. Because each case will be different, you need to go into detail about yours so that our lawyers know what penalties you are potentially facing.
Defending Against DUI Charges in Ardmore
Lawyers defend against criminal charges by challenging and disproving the prosecutor’s allegations or restricting their evidence. Often, the prosecution will look to use various sobriety tests as key evidence in a DUI case. There are a number of different tests that police officers and medical professionals use to determine whether someone is intoxicated or not, and all of them can be challenged in some way.
The first test to happen will generally be the field sobriety test (FST). Essentially, a police officer who stops you and thinks you may be under the influence is going to instruct you to do certain tasks approved by NHTSA. These tasks are following an object with your eyes (horizontal gaze nystagmus), balancing on one leg, and walking and turning in a straight line. Other non-standard tests, like saying the alphabet backward, may be employed but are not approved by NHTSA or any other body. The reality of FSTs, though, is that they are not necessarily reliable, so if this is the only thing the prosecution has to go on to allege intoxication, we will be able to fight against it.
Other sobriety tests, like post-arrest breathalyzer tests or blood-table analysis, are more precise in determining someone’s intoxication but are in no way perfect. We can challenge the results of these tests just like FSTs. Additionally, blood tests often require warrants before they can be done, so if the police did not get a warrant for your blood analysis, we can request that it not be used as evidence in court because your rights were violated.
Call Our Ardmore DUI Defense Lawyers Now
Dial (215) 302-0171 to get a free review of your case from The Law Offices of Lloyd Long’s DUI defense lawyers.
