York County, PA DUI Attorney

DUI Attorney Serving York & Lancaster County, PA

DUI

The state of Pennsylvania takes driving under the influence very seriously and intends to punish those who do with significant consequences. A DUI occurs when a person is in actual physical control of a motor vehicle and their mental faculties are impaired through the use of alcohol, drugs, or any controlled substance. You will also be charged if your blood alcohol concentration (BAC) is above 0.08% and it is proven that you were driving. The penalties for conviction on a DUI offense can be severe and in some cases, life-changing. If you have been charged with driving under the influence, it is important to retain the services of an aggressive criminal defense lawyer to effectively defend the charges against you. Contact Ilkhanoff & Silverstein for a consultation to discuss your case with an effective legal team.

Consequences of a DUI

If an individual is convicted of driving under the influence in Pennsylvania, they are subject to serious consequences. Of course, with each subsequent offense, the penalties become even more severe.

The breakdown of penalties per Pennsylvania state law are as follows for General Impairment, meaning that the individual had a BAC between .08 and .099 percent:

First Offense DUI

  • Fine of $300
  • Up to 6 months of probation
  • Participation in the alcohol highway safety school
  • Treatment, if ordered
  • Ungraded misdemeanor

Second Offense DUI

  • A license suspension of 12 months
  • Between 5 days and 6 months of jail time
  • A fine between $300 and $2,500
  • Participation in the alcohol highway safety school
  • 1 year of the ignition interlock device
  • Treatment, if ordered
  • Ungraded misdemeanor

Third or Subsequent DUI Offense

  • A license suspension of 12 months
  • Between 10 days and 2 years in prison
  • A fine between $500 and $5,000
  • Treatment, if ordered
  • 1 year of the ignition interlock device
  • 2nd-degree misdemeanor

It is important to be aware that the aforementioned penalties are only for the lowest possible tier of BAC. Pennsylvania has stricter consequences for the “High BAC” tier, which is when the individual has a blood alcohol content of between .10 and .159 percent. Below is an example of how the penalties increase for having a high BAC.

First Offense for a High BAC

  • 12-month license suspension
  • Between 48 hours and 6 months in prison
  • An ungraded misdemeanor
  • $500 to $5,000 fine
  • Treatment, if ordered
  • Alcohol highway safety school participation

The most serious BAC tier is the “Highest BAC,” which is when the individual has a blood alcohol content of .16 percent or higher, or if they were under the influence of a controlled substance.

First Offense for a Highest BAC

  • 12-month license suspension
  • Between 72 hours and 6 months in prison
  • A fine between $1,000 and $5,000
  • An ungraded misdemeanor
  • Participation in the alcohol highway safety school
  • Treatment, if ordered

The penalties can be enhanced if your DUI arrest involved other circumstances such as:

  • Traffic offenses
  • Theft crimes
  • Others

At Ilkhanoff and Silverstein, we have an in-depth understanding of the DUI laws and how to provide favorable outcomes for our clients.

Defense against DUI Charges in York & Lancaster, PA

There are many proven defenses against the charges in a DUI case. The reliability of machines used to test for BAC can, at times, be successfully challenged. Field sobriety tests can have many flaws, both in the tests themselves and how they are administered. Sometimes a police officer fails in his or her duty to properly inform a person of their rights under the law.

The police may have lacked probable cause to stop you in the first place which can result in an illegal arrest. Evidence from the scene of your arrest, police reports and witness statements may each prove to provide valuable information that can lead to favorable results in DUI cases.

We have more than 40 years of experience in a wide variety of legal settings that allows us to successfully resolve complex legal issues and trials. Our commitment is to provide you with high quality and effective legal representation during your time of need, whether you are located in York, Lancaster or a surrounding area. Contact Ilkhanoff & Silverstein for a consultation to discuss your legal matter.

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