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What Are Your Rights When Facing a DUI Charge?
If you're facing DUI charges, you probably have many questions about your rights, the court process, and potential outcomes. All of this can make an already stressful situation even more stressful.
At Adams Kearney Law, we are here to help. Having handled countless DUI cases over the years, we are dedicated to protecting your rights and striving for the best possible resolution for your case. We proudly serve clients in Ridley Park, Pennsylvania, as well as Philadelphia, Chester County, Delaware County, and the surrounding cities.
If this is your first DUI and you’re unsure where to begin, or you’ve been charged before and are concerned about repeated offenses, it's important to know your rights and the Pennsylvania laws that could impact your case.
Your Rights During a DUI Stop
When you're stopped for suspicion of driving under the influence, it's important to remember that you have specific legal rights. Knowing your rights and how to exercise them can help protect you during and after the stop.
The right to remain silent: You have the right to remain silent beyond providing basic identifying information, such as your name, driver’s license, registration, and proof of insurance. You’re not required to answer questions like, “Have you been drinking tonight?”
The right to an attorney: While you may not immediately have access to an attorney during the stop, you should exercise your right to legal representation immediately after an arrest.
The right to due process: Law enforcement officers must follow legal protocols during a traffic stop and arrest. For instance, they must have reasonable suspicion to pull you over and probable cause to make an arrest. Failure to meet these standards could strengthen your defense.
The right to challenge evidence: Police procedures during field sobriety tests, breathalyzer tests, or chemical testing must adhere to strict guidelines. If the tests weren’t conducted properly or the equipment wasn’t calibrated correctly, the results could be challenged in court.
The right to refuse field sobriety tests: Although refusing chemical testing under the implied consent law carries penalties, you can legally refuse field sobriety tests without facing additional punishments. These tests are subjective, and refusal may limit the evidence available to prove impairment.
DUI Laws in Pennsylvania
Pennsylvania has strict DUI laws are strict where penalties become steeper if you have higher blood alcohol content (BAC), prior DUI offenses, or other aggravating factors, such as being involved in or causing an accident. Therefore, it's important to understand the Pennsylvania laws that govern DUI offenses.
Blood Alcohol Limit
Under Pennsylvania law, the legal limit for BAC is 0.08% for drivers 21 years or older. For commercial drivers, the limit is stricter at 0.04%. Those under the age of 21 fall under a zero-tolerance policy, where any detectable amount of alcohol in their system can lead to significant legal penalties.
Tiered Penalty System
Pennsylvania’s DUI penalties are tiered, primarily based on your BAC at the time of the arrest. The tiered system can be broken down into the following:
General impairment (BAC of 0.08% to 0.099%): Penalties may include probation, hefty fines, and potentially mandatory enrollment in alcohol programs.
High BAC (0.10% to 0.159%): Expect an increased risk of license suspension, steeper fines, and the possibility of jail time for first-time offenses.
Highest BAC (0.16% or higher): Severe consequences like extended license suspension, higher fines, and mandatory jail time become more likely at this level.
Implied Consent Law
Pennsylvania has an implied consent law that requires drivers to submit to chemical testing, such as breath or blood tests. Refusal to comply results in immediate penalties, such as a one-year license suspension, regardless of the outcome of the DUI charge.
First-Time Offender Program
Pennsylvania offers the Accelerated Rehabilitative Disposition (ARD) program, designed for eligible first-time offenders. Successful completion of ARD may lead to the dismissal of charges and expungement of records, but entrance into this program must be approved by the district attorney and often requires legal guidance to negotiate.
How a DUI Defense Attorney Can Help
DUI cases are taken very seriously because impaired drivers pose a risk to public safety. A DUI conviction can attract heavy fines, loss of driving privileges, mandatory alcohol treatment programs, and jail time. A DUI conviction can further affect employment opportunities, housing, and even your personal relationships.
A skilled DUI attorney understands that DUI cases aren't as simple as they seem and they are familiar with strategies that can be used to defend you against charges or reduce the severity of your penalties. An attorney can also make sure evidence is handled appropriately, police actions follow correct procedures, and your penalties match the severity of your case.
If you were stopped at a sobriety checkpoint or pulled over, you might wonder if your rights were violated during the process. Our attorneys at Adams Kearney Law will examine the circumstances to uncover issues such as unlawful stops, improperly conducted breathalyzer tests, or other errors that benefit your defense.
Our seasoned DUI attorneys are advocates who understand how the local courts work and how to effectively challenge the accusations you’re facing.
Potential DUI Defense Strategies
No two DUI cases are the same, but there are common strategies our attorneys use to defend clients against DUI charges, including:
Challenging the legality of the traffic stop: If police lacked reasonable suspicion to stop your car, any evidence obtained during the stop could be inadmissible.
Questioning breathalyzer or testing accuracy: We review whether testing equipment was correctly maintained and operated during your arrest.
Highlighting medical conditions or other factors: Certain medical conditions or diets may produce false positives during chemical testing.
Negotiating for reduced penalties: Where possible, our goal is to minimize the effects of a DUI charge on your life by fighting for alternative programs like ARD or community service instead of jail time.
DUI Attorneys Serving Ridley Park, Pennsylvania
At Adams Kearney Law, we strive to fight for your rights while guiding you through the challenges of facing DUI charges. From our office in Ridley Park, Pennsylvania, we aim to help you pursue the best possible results by tailoring our approach to your case.
We also serve residents in the greater Philadelphia area, Chester County, Delaware County, and the surrounding cities. Reach out to schedule a consultation with us today.