It’s never a pleasant experience to get pulled over by the police, but it becomes a much more serious matter when they accuse you of driving under the influence. In Pennsylvania, a DUI conviction can result in fines, jail time, mandatory highway safety training, and other consequences.
If you’re facing a DUI charge in Ephrata, Pennsylvania, you need a local Lancaster County criminal defense lawyer to help you protect what matters most. That means beating the charges if possible and reducing their impact on your life if not. The best way to do that is to get the charges against you reduced, protecting you from the more severe penalties such as hefty fines and imprisonment. Â
Chieppor & Egner, LLC, was founded by two former prosecutors, Jonathan Chieppor and Alex Egner. Our attorneys know how prosecutors think and how they will approach your case. We know how to raise compelling challenges to the evidence the prosecutor will present and how to negotiate reduced charges to protect you from more severe consequences. If you’ve been charged with a DUI in Ephrata, Pennsylvania, contact Chieppor & Egner, LLC, today for the legal support you need.
One of the first things you should do after being charged with a DUI in Pennsylvania is to request an administrative hearing to recover your suspended license. If you fail to do so, your license may be suspended for an extended period. A DUI defense attorney can help you request a hearing to regain your license.
Penalties for a DUI conviction in Pennsylvania vary depending on your blood alcohol concentration (BAC), whether you have ever been convicted of a DUI before, and whether you injured anyone or damaged any property.
For a BAC of 0.08 to 0.099 percent, also known as general impairment, penalties can include:
A misdemeanor charge
License suspension of up to 12 months
Probation for up to six months
Imprisonment for up to two years, depending on prior charges
Fines of $300 to $5,000
Installation of ignition interlock device
Treatment for alcohol abuse
For a BAC of 0.10 to 0.159 percent or a drunk driving accident resulting in injury or property damage, penalties can include:
A misdemeanor charge
License suspension of up to 18 months
Imprisonment for up to five years, depending on prior charges
Fines of $500 to $10,000
Installation of ignition interlock device
Treatment for alcohol abuse
For a BAC of 0.16 percent or above or refusing to take a breath or blood test, penalties can include:
A misdemeanor charge
Up to 18 months of license suspension
Imprisonment for up to five years
Fines of $1,000 to $10,000
Installation of ignition interlock device
Mandatory alcohol highway safety school
A DUID or drugged driving charge can be especially challenging because the charge is equivalent to driving with a blood alcohol content of 0.16 percent or higher and carries more severe penalties.
If law enforcement pulled you over and gave you a field sobriety test followed by a blood or breath test before charging you with a DUI, you might think there’s nothing you can do to fight back against these charges. After all, they tested you and found that you were intoxicated. However, these tests are not perfect, and the police can’t legally give them to you unless they have probable cause to suspect drunk driving.
DUI defense strategies we can use include:
Challenging the traffic stop based on probable cause
Challenging how the field sobriety tests were conducted
Challenging the breath or blood test the police gave you
A law enforcement officer is only allowed to pull you over to test for DUI if they have reasonable suspicion that you are intoxicated. For example, a police officer may pull you over if they see you:
Swerving between lanes
Driving without your headlights on at night
Speeding
Making wide or abrupt turns
Braking suddenly
Driving much slower than the speed limit
Going the wrong way
Using turn signals inconsistently
Almost hitting someone
If the officer doesn’t see anything to justify a traffic stop, they have no reason to pull you over and administer any sobriety tests. We will review all available body-cam footage and other evidence to determine whether the officer had sufficient reason to pull you over. If they did not, we may be able to get the evidence thrown out or the charges dismissed.
Field sobriety tests in Pennsylvania include:
Standing on one foot and counting
Walking in a straight line and turning around
Tracking a moving object with your eyes
It’s easy to see why an intoxicated person might have difficulty performing these tasks correctly, but does failure to stand on one leg and count actually prove that you were intoxicated? Was the officer who administered your field sobriety test adequately trained to do so? Did they make any errors in explaining or administering the test? If we can raise doubts about the validity of the field sobriety test and its results, we may be able to get your charges dismissed.
Breath and blood tests are less subjective than field sobriety tests, but that doesn’t mean they are perfect. Several things can go wrong when administering a breath or blood test, including:
Failure to calibrate the breathalyzer
Administering a test without proper credentials
Breaking the chain of custody on blood samples
We will raise any possible issues with the blood or breath tests and seek to get your charges dismissed or reduced.
One way to protect yourself against the worst possible consequences of a DUI charge is to apply for accelerated rehabilitative disposition, or ARD. ARD is an alternative to a DUI conviction, but it is only available for first-time offenders. To qualify for ARD:
You must have no DUI convictions in the previous 10 years.
You cannot have been in a drunk driving accident resulting in death or serious injury.
You cannot have any passengers under the age of 14 in the car.
You must have a valid driver’s license and insurance.
You cannot have a criminal record.
If you had a BAC of 0.30 percent or above, or any heroin or fentanyl in your system, your case will be decided on a case-by-case basis.
If you qualify for ARD and successfully complete the program, the court will dismiss your DUI charges. Talk to a DUI defense attorney to find out if you qualify for this program.
If you’ve been charged with a DUI in Ephrata, Pennsylvania, you know how stressful it can be. You face the possibility of a suspended license, fines, jail time, and the installation of an ignition interlock in your car. A skilled DUI defense attorney can help you mount a vigorous defense against these charges. If you can get the charges dismissed or at least reduced, you can minimize the impact this incident will have on your life.
Chieppor & Egner, LLC, is a criminal defense law firm serving Ephrata, Pennsylvania, and surrounding communities in Lancaster County. Founded by two former prosecutors, our firm has the skills and experience to provide you with the strong defense you need. Don’t leave your future up to chance. Contact the DUI defense lawyers at Chieppor & Egner, LLC, today for a free consultation to discuss your case.
