Are you currently facing DUI charges in Elizabethtown, Pennsylvania? If so, contact the DUI defense attorneys at Chieppor & Egner, LLC. A DUI conviction can throw your life into chaos, but an attorney can work to mitigate the worst consequences and protect you against harsh criminal penalties. Our team can take immediate action to defend you against the charges and safeguard your freedom and liberties.
Contact us today to speak to a DUI defense attorney serving Elizabethtown, Lancaster County.
Pennsylvania law defines a DUI as operating a motor vehicle with a blood alcohol concentration (BAC) of at least 0.08 percent. More specifically, Pennsylvania law defines three levels of intoxication:
General Impairment – 0.08 to 0.099 percent BAC
High Rate – 0.10 to 0.15 percent BAC
Highest Rate – 0.16 percent BAC and above
Each level of impairment carries different criminal penalties for first-time and subsequent offenses. The legal BAC limit for commercial drivers is 0.04 percent BAC, and the legal limit for school bus drivers and minors under 21 is 0.02 percent BAC. The law also defines a DUI as operating a vehicle while under the influence of any Schedule I, II, or III substance that is not medically prescribed.
Pennsylvania takes DUIs very seriously and can harshly punish offenders. Generally, higher levels of intoxication and repeat offenses carry more significant penalties.
The penalties for general impairment (0.08 percent BAC to 0.099 percent BAC) include:
First Offense – $300 fine, six months probation, one-year ignition interlock device
Second Offense – $2,500 fine, 12-month license suspension, six months in prison, one year ignition interlock device
Subsequent Offenses – $5,000 fine, 12-month license suspension, two years in prison, one year ignition interlock device
For high rate DUIs (0.10 percent BAC to 0.15 percent BAC), penalties include:
First Offense – $5,000 fine, 12-month license suspension, 48 hours to six months in prison, one year ignition interlock device
Second Offense – $5,000 fine, 12-month license suspension, 30 days to six months in prison, one year ignition interlock device
Third Offense – $10,000 fine, 18-month license suspension, 90 days to five years in prison, one year ignition interlock device
Subsequent Offenses – $10,000 fine, 18-month license suspension, one to five years in prison, one year ignition interlock device
For highest rate DUIs (0.16 percent BAC or higher), the penalties include:
First Offense – $5,000 fine, 12-month license suspension, six months in prison, one year ignition interlock device
Second Offense – $10,000 fine, 18-month license suspension, 90 days to five years in prison, one year ignition interlock device
Subsequent Offenses – $10,000 fine, 18-month license suspension, one to five years in prison, one year ignition interlock device
The two-hour rule is a rule governing how police must go about investigating potential DUI offenses. According to this rule, if the police suspect someone driving while intoxicated, they must test them within two hours of the person last operating a motor vehicle. Any drug or alcohol test administered at least two hours after the person has operated a motor vehicle is not admissible as evidence.
The point of this two-hour rule is to ensure accurate evidence for DUI cases. Chemical tests like breathalyzers or blood analysis become significantly less accurate about two hours after imbibing alcohol. The only exception to the two-hour rule is if the prosecution shows that they could not have reasonably performed such a test within two hours of the arrest.
Pennsylvania is an implied consent state, meaning anyone who gets behind the wheel of a motor vehicle consents to submit to a breathalyzer test when a law enforcement officer requests one. Refusing to take a breathalyzer test is itself a crime punishable by a 12- to 18-month license suspension, a fine between $1,000 and $5,000, and mandatory drug and alcohol restrictions. A second offense refusal can carry up to a 90-day prison sentence and an additional $1,500 fine. Note that the criminal penalties for refusing a breathalyzer test are separate from and in addition to any penalties from a DUI conviction.
If the police arrest you for a suspected DUI, the most important thing is to remain calm. During the stress of an arrest, it’s extremely easy to do or say something that can incriminate yourself. Stay calm, listen to the officer’s directions, and do not refuse any breathalyzer or field sobriety tests. It is crucial you remain polite, as your conduct during the arrest can affect what kind of penalties you receive.
When at the station, don’t answer any questions except ones about basic identifying information. You can politely decline to answer questions until you have a lawyer present. Next – and this step is very important – contact a DUI attorney. An attorney can sit with you during questioning to protect you against self-incrimination. From there, they can guide you through the next steps of scheduling a court date and preparing a defense argument.
A DUI conviction can carry extremely undesirable professional and social consequences. Aside from criminal penalties and fines, a DUI conviction can make it harder for you to find housing and affect your employment. If you currently work in a position where driving is a major part of your work duties, a DUI conviction can make you unable to perform your job. Additionally, a DUI conviction can cause your car insurance rates to skyrocket.
A DUI defense attorney can work to mitigate the worst consequences of a DUI conviction and, in some instances, secure an outright case dismissal. The attorneys at Chieppor & Egner, LLC, have a proven track record in successful DUI defense and can apply our extensive experience to the intricacies of your unique circumstances. As former prosecutors, we are uniquely situated to provide DUI defense and can anticipate and counter the state’s legal strategy. When it’s your freedom and future on the line, you need an attorney who will provide aggressive and proactive legal defense.
Feel free to visit our Lancaster offices at 53 N Duke St, Suite 401, Lancaster, PA 17602 in person by following these directions:
From the North:
Take US-222 S toward Lancaster and continue onto PA-272 S (Oregon Pike). Turn right onto N Duke St. The destination will be on your right.
From the South:
Take US-222 N toward Lancaster and merge onto PA-272 N (S Queen St). Turn left onto E Orange St, then left onto N Duke St. The destination will be on your right.
From the East:
Take US-30 W toward Lancaster. Take the exit for Walnut St and turn left. Continue on Walnut St, then turn left onto N Duke St. The destination will be on your right.
From the West:
Take US-30 E toward Lancaster. Take the exit for Harrisburg Pike and turn right. Turn right onto N Prince St, then left onto E Orange St. Finally, turn left onto N Duke St, and the destination will be on your right.
