If you have been arrested for driving under the influence in New Holland, it might seem like the state has a slam-dunk conviction. However, proving a DUI is not as straightforward as it might seem. The police might have made an error when giving you a field sobriety or breathalyzer test. They could have violated your rights when they pulled you over.
Whatever the case, you need a criminal defense attorney to protect your rights and interests. Chieppor & Egner LLC can defend you from DUI charges and work toward the best possible resolution for your case. We have a unique perspective as former DUI prosecutors and know how to approach and defend against DUI charges. We can rebut common arguments from the state and protect you from constitutional violations in criminal proceedings.
Contact our offices today to discuss your case with a DUI defense attorney serving New Holland, Lancaster County.
Pennsylvania uses a tiered approach to defining DUIs that splits them into three levels based on blood alcohol content (BAC) percentages. Each level of DUI has its own criminal grading and punishments. All are misdemeanors. Aggravating factors, like causing injuries or death, can elevate a DUI charge to a higher level, even if your BAC is under the defined limit. A DUI conviction at any level can require you to attend substance abuse programs or install an ignition interlock device (IID) for at least a year.
General Impairment
A general impairment DUI is driving with a BAC level between 0.08 and 0.099 percent. Maximum penalties for a low-level DUI include:
High BAC
A high BAC DUI is defined as operating a vehicle with a BAC between 0.10 and 0.159 percent. Maximum penalties for a high BAC DUI are:
Highest BAC
A highest BAC DUI is defined as driving a motor vehicle with a BAC above 0.16 percent. Driving while under the influence of controlled substances is also punished as a highest BAC DUI. These are the maximum penalties associated with this charge:
If you refuse to take a breathalyzer or chemical test when law enforcement asks, you can be subject to the highest BAC penalties.
Underage and Commercial DUI
Pennsylvania also defines two more DUI definitions that set BAC levels for underage DUIs and commercial driver DUIs:
Underage DUIs are generally treated like high BAC DUIs and carry similar penalties. The penalties for a commercial driver’s DUI are much stricter and can involve temporary or permanent commercial driver’s license (CDL) suspensions.
State law makes 0.08 percent BAC the legal limit at which DUI charges are applied. However, you can still get a DUI in New Holland even if your BAC is under 0.08 percent. The 0.08 percent limit is just the per se limit. This means that a BAC of 0.08 percent alone is sufficient to convict you of a DUI. Law enforcement does not need further evidence of actual intoxication. You’ll get a DUI, even if you aren’t showing any signs of being drunk.
But the police don’t need a BAC test to convict you of a DUI. If you were showing obvious signs of intoxication, such as slurred speech or lack of coordination, you can get a DUI conviction without a BAC test. If you are intoxicated enough that you cannot safely drive your vehicle, you can get a DUI, even if your BAC is actually below the 0.08 percent legal limit.
Pennsylvania’s definition of a DUI requires you to be in actual physical control of the vehicle. Actual physical control means you are in a position to operate the vehicle, which is not necessarily the same as driving. You can be in actual physical control of a completely stationary vehicle. Police will look at the totality of evidence and circumstances to determine actual physical control, such as:
In some cases in Pennsylvania, individuals have received DUI convictions even though they were not physically in their cars (see Commonwealth v. Fallon (2022)).
A common DUI defense strategy is arguing that you were not in physical control of the vehicle when arrested. For instance, if you were sitting in the back seat and the keys were not in the ignition, you could argue you had no intention of driving and were not in control of the vehicle.
A DUI on your criminal record will show up on background checks and can limit your opportunities in life. For instance, a DUI can make you ineligible for driving and transportation jobs, and a criminal conviction can make it harder to get housing. A DUI can also cause complications when getting professional licenses.
Normally, in Lancaster County, you cannot expunge misdemeanor and felony convictions. However, there are options to remove a first-time DUI conviction from your criminal record. If you enter and complete an Accelerated Rehabilitative Disposition (ARD) Program, the state can dismiss your DUI, and it won’t result in a conviction. ARD programs may involve substance abuse counseling, community service, and other activities. In Lancaster County, you can apply for the ARD program on the Office of the District Attorney’s website.
If any of the following are true, your DUI will be ineligible for expungement:
A single DUI can upend your life and throw your future into uncertainty. It’s important that you contact an attorney ASAP to discuss options for defense. Chieppor & Egner LLC can stand at your side and defend you against DUI charges in New Holland and work towards a charge reduction or case dismissal. Your choice of attorney can mean the difference between the maximum penalty and preserving your freedoms, so choose wisely.
Contact the offices of Chieppor & Egner LLC online or call today for a case consultation with a DUI defense attorney serving New Holland, Lancaster County.
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