Driving Under the Influence Attorney
Driving Under the Influence in PA is often times a person’s first and only contact with the criminal justice system. Whether you are driving home from a family function, a work related affair or even a party with coworkers or friends, most DUIs start with a vehicle code violation. You are driving home and you see the police lights behind you. This is how a terrifying and often life changing event begins.
Driving Under the Influence arrests are serious offenses in PA. The laws of Pennsylvania often require mandatory incarceration even for a first offense DUI. You don’t need to be under the influence of alcohol, sometimes even the prescription medicine you are taking is enough. You need an experienced DUI attorney to protect your rights throughout the process. Evidence presented by law enforcement officials is not absolute and it is not exempt from analysis or scrutiny.
A first offense DUI can carry up to a mandatory sentence of 72 hours in jail. Worse, it can result in a one year suspension of your driving privilege. These penalties can have a devastating affect on both your work and family commitments. Importantly as a first time offender the system you are likely eligible for the ARD program. ARD allows you to avoid jail and drastically shorten your suspension.
If you get a second or subsequent violation the penalties become even more aggressive. A second offense violator can expect sentenced of 90 days as a mandatory minimum. You need an experienced DUI attorney to make sure that you do not end up sitting in a county jail for three months. The damage to your career and your life could be devastating. Most counties have programs which allow you to continue working and sometimes even stay in your own home. A third or subsequent DUI can land you a year in jail. These penalties demand that your DUI arrest lawyer is your DUI trial lawyer. You need an attorney that is willing to take your case to trial and protect your rights.
You need an experienced and aggressive DUI defense attorney to protect your rights in these cases.
Whether or not you are ARD eligible, to be convicted of DUI the Commonwealth has to prove beyond a reasonable doubt that you were in actual physical control of a motor vehicle and that you were under the influence of alcohol or a controlled substance. Some details that will factor into your defense include:
- Did the police have a sufficiently clear indication to suspect that you were or may have been in violation of the motor vehicle code and had probable cause to stop your vehicle?
- Did the police make sure that you are free of injuries or physical handicaps that might affect your ability to successfully perform the field testing (i.e., being asked to follow a pen with just your eyes, walking in a straight line, standing on a single leg, etc.)? Are the tests themselves admissible?
- Did the police administer your Breathalyzer or blood testing in a timely fashion to ensure that their results were close to the actual BAC in your system at the time you were driving? Was the Intoximeter properly and routinely calibrated as required by law? Was the blood testing facility an approved testing facility?
As your DUI defense attorney, Ryan L. Hyde will aggressively investigate your DUI arrest. Attorney Hyde has experience reading through the lines on police reports on DUI arrests and holding police accountable for mistakes. Your Chester, Montgomery, or Bucks County DUI is a serious charge and you need an aggressive and seasoned attorney to make sure your DUI arrest isn’t a devastating life event. You need a seasoned and aggressive trial attorney to protect your rights.