Were you charged with a DUI in Bucks or Philadelphia County? If so, you should immediately contact us as we have experience helping our clients in both Bucks and Philadelphia County obtain the best possible results after a DUI charge. We pride ourselves in preparing a DUI defense strategy that is specifically tailored to the unique facts of your case. While it is often possible to have a DUI charge dismissed, there are certain risks associated with seeking a dismissal and only an experienced Philadelphia DUI attorney can help you determine the best possible path towards mitigating the implications of a DUI charge.
We will evaluate every aspect of the traffic stop that led to the DUI charge. The most important document that you receive along with the Criminal Complaint that alleged your offense is called the “Affidavit of Probable Cause.” The Affidavit of Probable Cause sets forth the officer’s basis for suspecting your alleged intoxication. Few attorneys will tell you this, but if there is even the slightest suspicion that you are operating a vehicle while under the influence of drugs or alcohol, there is a very high likelihood that you will be arrested and charged. Successfully challenging the Affidavit of Probable Cause as well as the Criminal Complaint requires your attorney to focus and prepare your case from the moment that they are retained, as the first opportunity to obtain a dismissal will present itself at the Preliminary Hearing stage.
An Affidavit of Probable Cause will set forth the basis of an officer’s suspicion of your intoxication. Many times the officer will ask you to participate in various tests to gauge your level of intoxication. While you should not refuse a breathalyzer or chemical testing, as doing so will result in an automatic suspension of your driving privileges, other tests, such as walking a straight line and cognitive testing can be refused, as they are not required to consent to such testing as a prerequisite to your right to operate a motor vehicle.
Sometimes the facts of a case are such; however, that a dismissal is not feasible or is too risky to persue, as doing so may result in a waiver of your right to gain admittance into an Accelerated Rehabilitative Disposition program (“ARD”). This is especially important if you are a first time offender, as multiple offenders may be ineligible for ARD. Only an experienced Philadelphia and Bucks County DUI lawyer should be trusted to make this evaluation and we can confidently report that we have had great success bringing cases to the best possible conclusion under the circumstances. You should contact us now, as we can often determine whether you are eligible for ARD during our free initial consultation.
When you are stopped by a police officer in Pennsylvania, and they smell alcohol on your breath, they give you the option of taking a blood alcohol content test (BAC). It is in your best interest to take the test because if you refuse, you could potentially lose your license for as long 18 months. If this is your first offense and you took the chemical test, in order to be considered “clean”, your BAC should be less than .08%. Below are the ranges of BAC and their severities’:
- .08 but less than .099% — this is considered general impairment
- .10% but less than .159% — high
- .16% of higher – highest
For each one of these BAC levels, there are different penalties, as well as for each subsequent event. The penalties for your first offense are as follows:
· You can face up to six months of probation.
· Be hit with a $300 fine.
· Attend mandatory alcohol highway safety school.
· Be ordered to seek alcohol and drug treatment.
How can we help you? From our experience, we can speak with the officer and the judge and attempt to get you a lesser sentence. So call us, Philadelphia/ Pennsylvania DUI lawyers at Kosacci Law Firm, P.C. for a free consultation.