Many have been there before: It’s late, you’ve been at the bar, and you’re getting tired. You’ve only had a few drinks, so you should still be good to drive. You pull onto the road, and before you know it, you see the familiar red and blue lights of the police behind you. The next thing you know, you are sitting cuffed in the back of the squad car on the way to the station.
If you have been arrested for a DUI in Oxford, Lancaster County, contact the criminal defense attorneys at Chieppor & Egner LLC. Driving under the influence is a serious crime in Pennsylvania that can result in harsh fines and penalties. Being arrested is a disorienting and scary experience, but it’s vital to get in touch with a professional. An attorney from our team can provide an effective defense to protect your rights, freedoms, and reputation. A single mistake should not upend your life, so we can work towards a charge reduction or case dismissal.
Contact us today to speak to a DUI defense attorney serving Oxford, Lancaster County.
The attorneys at Chieppor & Egner LLC dedicate themselves to securing justice for Pennsylvanians accused of crimes. Founding partners Jonathan Chieppor and Alex Egner have years of experience in criminal defense across a wide range of cases, including DUI crimes and other traffic offenses in Oxford. We have an established track record as successful trial attorneys, capable of handling serious criminal cases competently and professionally.
Our firm has a unique perspective due to our past work in the state prosecutor’s office. We understand how prosecutors think and know how to rebut and defend against common arguments from the state. Lancaster County forcefully pursues DUI charges, so you need an attorney with experience on both sides of the courtroom. We can protect your rights from state overreach and defend you against accusations that could restrict your freedoms.
Pennsylvania’s laws concerning DUIs are in Chapter 38 of the PA Vehicle Code. Pennsylvania uses a tiered system that defines three levels of DUI based on blood alcohol content. The higher your blood alcohol content, the more severe the charge.
Each category of DUI has its own punishment schedule for first-time and repeat offenses. Aggravating factors like fleeing the scene of an accident or causing injury can cause you to face higher-level DUI penalties, even if your BAC does not fall into the higher category.
Pennsylvania also has two other definitions for underage DUI offenses and commercial driver DUIs:
Penalties for DUIs depend on your level of impairment, prior offenses, and the presence of aggravating factors. Punishments for first and subsequent DUIs with no aggravating factors can range between two days and five years in prison and fines between $300 and $10,000. Even a first-time, low-level DUI offense with no aggravating circumstances can result in six months of probation and the installation of an ignition interlock device (IID) for a year. Punishments may also include mandatory substance abuse counseling and attending an alcohol highway safety school program.
A DUI charge has two key elements that the prosecution must prove to secure a conviction in court.
Control of Vehicle
You don’t need to be actively driving to get a DUI — you only have to be in actual physical control of the vehicle. Actual physical control means the vehicle is under your control in some respect. For example, if you were sitting drunk in your parked car with the engine on, it could count as actual physical control, even if you weren’t driving. If you weren’t actively driving, the prosecution examines the totality of circumstances when determining whether you were in physical control of a vehicle.
Impairment
You don’t actually have to have a BAC higher than 0.08 percent to get a DUI in Oxford. The prosecution only needs to prove you were incapable of safely driving your vehicle. The 0.08 percent threshold is just one way the prosecution can prove impairment. If your BAC is over 0.08 percent, you can be guilty of a DUI even if you weren’t showing signs of impairment.
The prosecution can appeal to facts other than your BAC to prove impairment, such as:
If the court finds you were sufficiently impaired, you can get a DUI even if your BAC was under the 0.08 percent limit.
When you get into a car to drive in Lancaster County, you are implicitly agreeing to submit to a chemical or breathalyzer test when law enforcement requests. Refusing to take a breathalyzer or chemical test is itself a criminal violation that can result in penalties, even if you do not get a DUI. Refusing to take a breathalyzer or chemical test can result in an immediate 12-month license suspension, with larger suspension periods for subsequent refusals.
Note, however, that you can refuse a field sobriety test in Pennsylvania without penalty. The police might still arrest you for a DUI, but refusing a field sobriety test in itself does not carry criminal penalties, unlike refusing a chemical or breathalyzer test.
Below are some potential DUI defense strategies we could employ in your case:
Even a first-time DUI conviction in Oxford can rob you of freedom, impact your professional life, and ruin your social reputation. If you are facing a DUI charge, Chieppor & Egner LLC can craft a strong defense intended to protect your rights and secure the best possible outcome. We are known for our unceasing advocacy for the accused and will use every available strategy to pursue the best possible outcome in your case. Contact our offices online or reach out by phone today for a case consultation with a DUI defense attorney serving Oxford, Lancaster County.
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