If you are facing DUI (Driving Under the Influence) charges in Pennsylvania, you are likely concerned about the legal consequences you may be facing and the options available to you. While PA drunk driving laws are strict, you may be able to have your charges reduced or even dismissed depending on the details of your circumstances. Reach out to an experienced York County, PA DUI attorney today to discuss your legal rights and options.
What is a DUI in PA?
Pennsylvania Vehicle Code § 3802 outlines the state’s DUI laws. According to this law, individuals are prohibited from driving, operating, or being in physical control of a motor vehicle after consuming enough alcohol that they are incapable of driving safely or enough that the concentration of alcohol in the individual’s blood is 0.08% or greater.
In addition, an individual may not drive, operate, or be in physical control of a motor vehicle if their blood contains any amount of a Schedule I, II, or III controlled substance or if the individual is under the influence of one or more drugs that impair their ability to operate the vehicle safely.
Can My DUI Charges Be Reduced?
It is possible to have your DUI charges reduced to a lesser offense in some cases. One of the most common ways to get your charges reduced is to negotiate a plea deal with the prosecutor. Your attorney may be able to work out a deal with the prosecution where your charges are reduced to a lesser offense with less severe penalties in exchange for you pleading guilty.
Pennsylvania also offers an ARD program. ARD (Accelerated Rehabilitative Disposition) is a diversion program available for first-time offenders. If completed, your charges will be reduced or even dismissed at the end of the program.
Can My DUI Charges Be Dismissed?
It may also be possible to have your charges dismissed and walk away without having to deal with a conviction or trial. Dismissals can arise based on issues with the prosecution’s case or legal technicalities.
For example, in order for a police officer to pull you over and arrest you for a DUI they must have probable cause to make the traffic stop. If the officer did not have a valid reason to stop you or did not follow proper procedures in any way, your attorney could argue that the stop and arrest were unlawful.
It is also possible that there is an issue with the evidence. If your breathalyzer or field sobriety tests were administered incorrectly or there was an issue with the equipment used, the results of these tests could be considered inadmissible in court. If the prosecution doesn’t have sufficient evidence then the charges could be dismissed.
Any procedural error or violation of your rights could also result in a dismissal. Reach out to a skilled attorney for more information and legal advice today.
