Broomall, PA DUI Attorney

Suppose you’ve been arrested for driving under the influence. In that case, a Broomall PA DUI attorney with Steven Kellis understands you will probably be dealing with a mix of emotions: stress, anxiety, anger, and fear are common as you deal with the repercussions of these charges.

When dealing with your first offense, the unknown can worsen things. You might say the wrong thing and compromise your case to the prosecution, but the worst thing you can do is ignore the charges and not consult with a Pennsylvania DUI attorney. 

What Are Possible Lines of Defense for DUI Cases in Broomall, PA?

Depending on the unique circumstances of your case, attorney Steven Kellis will utilize one of the following approaches to have your charges dropped or reduced:

Illegal traffic stop

The arresting officer must have probable cause and reasonable suspicion to pull you over. If it can be proven that they did not have probable cause or reasonable suspicion to pull you over and arrest you for driving under the influence, the charges may be thrown out.

Not being impaired

Fever, allergies, medications, and certain health conditions are known to cause symptoms that resemble intoxication. For example, red eyes, flushed faces, unusually fast or slow speech, and balance difficulties are signs that police officers look for in intoxicated drivers. 

The police may have then proceeded to administer an illegal field sobriety test, which could warrant your charges being thrown out.

Not being the operator of the vehicle.

Pennsylvania law states that the person driving, operating, or otherwise in control of the vehicle while intoxicated is breaking the law and can be arrested for DUI. However, the police officer must directly observe that you are the person in control of the vehicle. 

If you and others riding with you were not even in the vehicle at the time of the arrest, or if you were a passenger, the prosecution’s case may be thrown out.

Inaccurate police report

Police reports often contain exaggerations or discrepancies to try and prove the point that you were drunk when in fact, you were not. A Broomall, PA DUI attorney at the Law Offices of Steven E. Kellis will review the report carefully and make sure the officer wasn’t fabricating details or embellishing the truth.

Insufficient evidence

The police officer’s word isn’t enough to convict someone of DUI. There must be hard evidence showing that you were the driver of the vehicle and that you were drunk while driving. Some of the most common examples of insufficient evidence used in a DUI case are false positive breathalyzer results and inaccurate blood test results.

What is Implied Consent in Pennsylvania?

The state of Pennsylvania, like many others in the country, has what is known as “implied consent.” This means that any person with a legal driver’s license has agreed to submit to any chemical test requested by a law enforcement officer. If the officer suspects the person is under the influence of drugs or alcohol while operating a motor vehicle, they request a test.

In typical cases, the officer asks the driver to submit to a breathalyzer test. In other instances, the officer may request that the driver undergo a chemical analysis of their blood or urine.

Though you have implied consent, you maintain the right to refuse such a test. If you do, however, you should be aware of the consequences. If you refuse, your license can be automatically suspended for 12 months. You could face an additional license suspension if you are found guilty of driving under the influence charge.

What are the Penalties for DUI in Broomall and Delaware County?

Any person convicted of DUI in Broomall and Delaware Counties faces consequences they may not want to be forced to deal with. The following penalties apply to those found guilty of DUI:

Between 0.08 and 0.09 Blood Alcohol Concentration (BAC)

• First offense: Up to six months of probation and no more than $300 fines.
• Second offense: Up to six months in jail, fines in the thousands, and a 12-month license suspension.
• Subsequent offenses: Up to two years in jail, a 12-month license suspension, and high fines. The greater the number of offenses, the more severe the consequences.

Between 0.10 and 0.16 Blood Alcohol Concentration (BAC)

• First offense: Up to six months of probation, fines between $500 and $5,000, and a 12-month license suspension.
• Second offense: Up to six months in jail, fines between $750 and $5,000, and a 12-month license suspension.
• Subsequent offenses: Up to five years in jail, fines up to $10,000, and a license suspension of 18 months. The greater the number of offenses, the more severe the consequences.

Above 0.16 Blood Alcohol Concentration (BAC)

• First offense: Up to six months of probation, fines between $1,000 and $5,000, and a 12-month license suspension.
• Second offense: Up to five years in jail, fines between $1,500 and $10,000, and an 18-month license suspension.
• Subsequent offenses (felonies): One to five years in jail, fines up to $10,000, and a license suspension of 18 months. The greater the number of offenses, the more severe the consequences.

Property Damage or Injury

If you are convicted of driving under the influence and causing property damage or injury, and if your blood alcohol concentration is greater than 0.09, you face harsher penalties. For subsequent convictions, you must install an interlock ignition device on your vehicle, attend a treatment program and safety class, and perhaps complete community service.

You must speak to a Broomall DUI lawyer as soon as possible after you have been arrested for driving under the influence.

What is the Pennsylvania DUI Process?

Once you have hired a Broomall PA DUI attorney, they will begin to work hard on your defense. They’ll look at the evidence the prosecutor plans to use against you and file motions on your behalf if applicable.

Should your case end up in court, your lawyer will fight for your rights using knowledge and experience. They’ll work tirelessly to help ensure you receive the most favorable outcome possible. Expect nothing less from a qualified attorney.

Don’t Ignore Your Charges – Call a Broomall PA DUI Attorney Right Away

It’s important to consult with a DUI defense-focused attorney as soon as possible after your arrest. This way, you can clearly understand what is coming and determine your legal options. Our DUI lawyers are ready to help you through this trying ordeal.

At The Law Offices of Steven E. Kellis, we represent people charged with DUI for over 20 years. Steven Kellis has made it his life’s mission to defend people facing charges like yours.

Steven was in the prosecutor’s office before dedicating his life to being a defense attorney. This experience has given Steven a unique insight into the inner workings of the local court system. He will use this knowledge to build the strongest defense possible. 

Our Pennsylvania attorneys defend those facing DUI, drug crime, and criminal charges throughout Eastern Pennsylvania.

Speak to a Broomall PA, DUI attorney today by calling (215) 940-1200 or contacting us online.