Swarthmore DUI Defense Lawyer
It is illegal and incredibly dangerous to drive with alcohol or drugs in your system. However, not everyone’s situation is the same, and DUI charges are not always fair. If you are charged, get a lawyer right away.
Police officers do not always follow the rules when arresting drivers for alleged DUIs. If you believe there is simply no evidence to support the charges, or the police somehow violated your legal rights, your attorney can help you fight the charges. Serious penalties may be on the line. You could lose your license, pay large fines, or even go to jail. The sooner you contact a lawyer for help, the better.
Get a private, free case assessment from our DUI defense attorneys when you call the Liberty Law Team at (215) 709-7431.
What Happens During a DUI Stop?
Being pulled over for almost any reason can be nerve-racking, but DUI stops are especially intimidating.
Initial Stop
When the police initially pull someone over, they must have “reasonable suspicion.” While there is no exact definition of reasonable suspicion, it generally requires that police observe articulable facts and evidence suggesting a violation or crime has occurred, is occurring, or will soon occur.
DUI Investigation
During the stop, police will approach the vehicle and begin their investigation. Whatever happens, the police may not hold you any longer than necessary to resolve the initial reason for the stop. If the police do not notice any immediate or apparent signs of intoxication, they must let you go.
Arrest
The police can arrest a driver for a DUI only if they have sufficient “probable cause.” This is greater than reasonable suspicion and must involve more evidence of intoxication. Evidence such as the smell of alcohol, slurred speech, or open containers may help the police establish sufficient probable cause.
How Long Can Your License Be Suspended for a DUI in Swarthmore?
The duration of your suspension varies based on your blood alcohol concentration (BAC) and whether you have prior DUIs on your record.
General Impairment
Drivers whose BAC is at least .08% but less than .10% may be charged with a general impairment DUI. If this is your first offense, you may not lose your license, but you may have to install an interlock ignition device in your car. If this is not your first offense, you may lose your license for up to 12 months.
High BAC
You may be charged with a high BAC DUI if your BAC is at least .10% but less than .16%. For a first or second offense, you may lose your license for up to 12 months. A third offense or more may cost you your license for up to 18 months.
Highest BAC
Those with a BAC of at .16% or higher may be charged with a highest BAC DUI. For a first offense, you will lose your license for up to 12 months. A second or subsequent offense will result in a license suspension of up to 18 months.
Do You Have to Submit to Chemical Testing?
If you have not been arrested and the police are still investigating, you do not have to submit to a breath test or other chemical testing. Police may ask you to take a roadside breath test, but you may refuse.
However, if a driver has been arrested, chemical testing becomes mandatory. If you refuse chemical testing after being arrested for a DUI, you may incur additional charges and penalties.
How to Dispute Chemical Testing Results in a DUI Case
If our DUI defense lawyers have reason to believe that the testing equipment was faulty, malfunctioning, or had not been properly calibrated, the results may be challenged for being inaccurate or untrustworthy.
In addition, testing is mandatory, but it cannot be forced. If a driver refuses to submit to testing despite being warned about the penalties, police cannot force them to test. If your chemical testing was forced against your will, tell your lawyer. It may be possible to have the results thrown out.
What Happens if You Refuse to Submit to Chemical Testing
In Pennsylvania, all drivers must submit to post-arrest testing under the state’s Implied Consent law. If a driver refuses, their license may be suspended for 12 months for a first offense. If they have refused post-arrest testing before, their license will be suspended for 18 months.
Penalties for refusal are imposed in addition to the underlying DUI charge. Even if the DUI charges are dismissed, dropped, or you are found not guilty, the penalties for refusal will remain.
Can You Be Charged with a DUI for Having Drugs in Your System?
Yes. DUI charges apply to alcohol and controlled substances. However, BAC measurements may not apply in such situations, as controlled substances in a person’s system are not always measurable. The law holds that a person may be charged with a DUI if controlled substances in any amount are in their system.
What is the Legal Limit for Blood Alcohol Concentration?
In Pennsylvania, a person may be charged with a DUI if their BAC is at least .08%. This is the legal limit, and anyone who meets or exceeds it will be charged regardless of how intoxicated they appear.
You may also be charged even if your BAC is lower than the legal limit. If the police, based on their observations, believe a driver is too impaired to drive safely, they may be charged with a DUI even if their BAC turns out to be less than .08%.
If you are under 21, the legal limit is much lower. Those under 21 may be charged with a DUI if their BAC is at least .02%.
What if a Young Driver with a Learner’s Permit is Charged with a DUI?
Drivers with a learner’s permit rather than full-fledged licenses may face stiff penalties for DUIs. While a young driver’s license cannot be suspended because they technically do not have one, they must still serve the suspension period. A defendant with a learner’s permit will be ineligible for a full license until the suspension period is complete, which may delay their plans to obtain a license.
How Are DUI Charges Graded in Swarthmore?
In Pennsylvania, DUIs are generally charged as ungraded misdemeanors, but the charges may quickly escalate depending on the driver’s BAC and history of DUIs. Those who have at least 2 prior DUI offenses on their record, or a prior DUI case that was disposed of through the Accelerated Rehabilitative Program (ARD), may be charged with a second-degree misdemeanor.
Defendants with at least 3 DUIs on their record, or who cause accidents involving injuries or death, may face serious felony charges.
Do You Need a Lawyer to Deal with a DUI?
Yes. The laws surrounding DUIs, how they are charged, and how defendants may challenge the case against them are notoriously complex. It would be unwise to handle your case without legal representation.
Get Help Now from Our Swarthmore DUI Defense Lawyers
Get a private, free case assessment from our DUI defense attorneys when you call the Liberty Law Team at (215) 709-7431.