Being arrested for DUI – you never thought it could happen to you. A DUI in Pennsylvania could cost you thousands if not tens of thousands of dollars, and you could face long-term challenges like loss of employment and a damaged reputation.
Because the stakes are so high, you shouldn’t sit back and let the prosecution put you away or give you excessive penalties. Pennsylvania DUI attorney Steven Kellis will defend you and argue for your charges to be dropped or reduced. He has years of experience helping clients overcome their mistakes and help you.
Call (215) 977-4183 for a free case consultation.
DUIs in Harrisburg
Data from the Pennsylvania State Police provides a grim reality check for Harrisburg. In 2019, officers in Troop H made 2,442 DUI arrests and responded to 457 DUI crashes, putting Harrisburg at the top for DUI arrests. As the rest of the state saw fewer crashes and arrests in 2020, Harrisburg had even more than the year before. In 2020, Troop H responded to 487 DUI crashes.
If you were arrested for DUI in Harrisburg or elsewhere in the state, it’s important to remember that being arrested doesn’t necessarily mean you are guilty. Until you are convicted of DUI, you have the right to an attorney who can work toward having your charges dropped or reduced.
For the best DUI defense in Pennsylvania, call attorney Steven Kellis today.
What are Pennsylvania DUI Penalties?
Pennsylvania was never the most lenient state regarding DUI, but a few recent laws have clamped down even more on offenders. Act 24 (2003) lowered the legal alcohol limit from .10 to .08%, and Senate Bill 961 increased penalties for repeat offenders and those convicted of vehicular homicide while under the influence.
These laws dictate the penalties, terms of license suspension, fines, and many other aspects of a DUI conviction. Penalties increase depending on a person’s prior offenses (if applicable) and blood alcohol content (BAC) at the time of arrest. A first offender with a .09 BAC will receive far less severe penalties than someone who was arrested for their fourth DUI and blew a .16 BAC.
The penalties for general impairment, high BAC, and highest BAC for first, second, and third and subsequent offenses are as follows:
General Impairment (Undetermined BAC or .08 to .099% BAC)
First Offense
- Charge: Ungraded misdemeanor
- Probation: Up to six months
- Fine: $300
- Attendance: Alcohol highway safety school
- Treatment: When ordered
Second Offense
- Charge: Ungraded misdemeanor
- License suspension: 12 months
- Jail sentence: Five days to six months
- Fine: $300 to $2,500
- Attendance: Alcohol highway safety school
- Treatment: When ordered
- Ignition Interlock: One year
Third or Subsequent Offense
- Charge: 2nd-degree misdemeanor
- License suspension: 12 months
- Prison sentence: 10 days to two years
- Fine: $500 to $5,000
- Treatment: When ordered
- Ignition Interlock: One year
High BAC (.10 to .159%)
First Offense
- Charge: Ungraded misdemeanor
- License suspension: 12 months
- Prison sentence: 48 hours to six months
- Fine: $500 to $5,000
- Attendance: Alcohol highway safety school
- Treatment: When ordered
Second Offense
- Charge: Ungraded misdemeanor
- License suspension: 12 months
- Prison sentence: 30 days to six months
- Fine: $750 to $5,000
- Attendance: Alcohol highway safety school
- Treatment: When ordered
- Ignition Interlock: One year
Third Offense
- Charge: 1st-degree misdemeanor
- License suspension: 18 months
- Prison sentence: 90 days to five years
- Fine: $1,500 to $10,000
- Treatment: When ordered
- Ignition Interlock: One year
Fourth or Subsequent Offense
- Charge: 1st-degree misdemeanor
- License suspension: 18 months
- Prison sentence: 1 to 5 years
- Fine: $1,500 to $10,000
- Treatment: When ordered
- Ignition Interlock: 1 year.
Highest BAC (.16%), Controlled Substance, or Refusal of Breath or Chemical Testing
First Offense
- Charge: Ungraded misdemeanor
- License suspension: 12 months
- Prison sentence: 72 hours to six months
- Fine: $1,000 to $5,000
- Attendance: Alcohol highway safety school
- Treatment: When ordered
Second Offense
- Charge: 1st-degree misdemeanor
- License suspension: 18 months
- Prison sentence: 90 days to five years
- Fine: $1,500 to $10,000
- Attendance: Alcohol highway safety school
- Treatment: When ordered
- Ignition Interlock: One year
Third or Subsequent Offense
- Charge: 1st-degree misdemeanor
- License suspension: 18 months
- Prison sentence: One to five years
- Fine: $2,500 to $10,000
- Treatment: When ordered
- Ignition Interlock: One year
As you can see, drivers with the highest BAC levels (and those under the influence of controlled substances or who refuse breath or chemical testing) face the most severe penalties. Often, these penalties are excessive and don’t match the nature of the crime.
Attempting to represent yourself instead of hiring a drunk driving attorney in Harrisburg can lead to you facing the full extent of these penalties, some of which can make your life very difficult.
If you were arrested for DUI in Pennsylvania, give yourself the best chance to have your charges dropped or reduced. Call the Harrisburg DUI lawyers with Steven Kellis today.
What are strong DUI Defense Strategies?
Pennsylvania has strict DUI laws and penalties, and unfortunately, people can be convicted unjustly or unlawfully for something they didn’t do.
Police officers are human and make mistakes just like anyone else. However, those mistakes can have profound implications for individuals arrested for DUI. Some of the most common DUI defenses are those pertaining to the police officer’s observations and initial reasons for pulling over a suspected DUI offender.
However, your charges can be dropped or reduced for reasons such as involuntary intoxication or tampering with evidence.
The following are common DUI defense strategies. Remember that every case is unique; you’ll need to meet with our Harrisburg DUI lawyers and discuss your case before he can start forming a defense strategy.
Improper Stop
The Constitution of the United States prohibits police officers from pulling over or stopping individuals without “reasonable suspicion” or a firm reason to believe that the suspect committed a crime. This has to be more than a “hunch” or “gut feeling” that the driver was operating the vehicle while under the influence.
Improper Administration/Inaccuracy of Field Sobriety Test (FST)
Field sobriety tests are notoriously inaccurate, even though they continue to be used by law enforcement nationwide. Police officers must follow strict protocols for administering each test; if they fail, any evidence collected during the test can be suppressed, mainly if the officer is found to have intimidated or bullied the suspect.
Also, observations gathered during a field sobriety test can only be considered one component of the state’s evidence, not the entire case, because it is not proof of intoxication. For example, certain medical conditions can often cause suspects to fail an FST.
Improper Administration or Inaccuracy of Breathalyzer Test
Like FSTs, breathalyzer devices are notoriously unreliable, often breaking down and needing constant calibration and maintenance.
If your Harrisburg DUI lawyers can prove that the officer wasn’t adequately trained in handling breathalyzers, if the specific device wasn’t maintained or calibrated correctly, or if certain intervening factors were at play, such as vomiting, the test results may be thrown out.
Medical Conditions
This is the least common defense on the list, but unfortunately, it must be utilized in some cases. Certain medical conditions such as traumatic brain injury (TBI), cerebral palsy, and dysarthria can cause slurred speech and issues with walking and balancing, two of the most common factors that police officers look for in drunk drivers.
Sinus problems and allergies can cause red, watery eyes, another sign that officers look for in allegedly drunk drivers.
Harrisburg DUI Lawyers Fighting for You
Pennsylvania DUI lawyer Steven Kellis has over 25 years of experience defending clients using these and many more strategies. He takes the time to investigate and fully understand your case before building a formidable defense strategy based on what he saw as a former prosecutor. He knows which arguments prosecutors use and how they are best invalidated.
If you were arrested for DUI in Harrisburg or elsewhere in the state, you can trust our Harrisburg DUI lawyers to obtain a favorable outcome. Call today to schedule your consultation.
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