What are some common defenses to a DUI charge?

Depending on the facts of your case, you may have several defense strategies to seek dismissal of your charges or acquittal at trial. First, if you were not driving your car when you were stopped and arrested, you might be able to prove that you were not “operating” your vehicle as defined by the DUI statute. You might also contest the legality of the traffic stop by showing that the officer lacked reasonable suspicion or probable cause that you were driving under the influence or had committed another traffic violation. Finally, you may have a basis to challenge the reliability of any field sobriety tests or breath/blood testing.

I was arrested for DUI even though I had a BAC under 0.08. Can I still be prosecuted?

Even if a breathalyzer or blood test shows that you had a BAC under the legal limit of 0.08, you can still be charged with DUI. The DUI statute makes it illegal to drive a vehicle after consuming any quantity of alcohol that makes you incapable of safely operating a motor vehicle. The prosecution will need to present evidence to prove beyond a reasonable doubt that you were in a condition that you could not safely drive. This evidence may include eyewitness or police testimony regarding any unsafe driving behaviors you committed or other noticeable signs of intoxication, such as slurred speech, slow reactions, or unsteady gait.

Pennsylvania DUI Lawyer | DUI Defense Attorney Kingston, PA

Pennsylvania DUI Lawyer

DUI Defense Attorney in Kingston, PA, Helps Clients Face Drunk Driving Charges in Luzerne County, Lackawanna County, Columbia County, and Throughout Northeastern Pennsylvania

If you’ve been pulled over after consuming alcohol or drugs, you may worry about the consequences that a DUI conviction may have on your reputation and future. Depending on the facts and circumstances of your case, you may have legal options or defenses to a DUI charge. Let a Pennsylvania DUI lawyer from Muckler Law, LLC, fight to secure the best possible outcome to your case. Since 2009, Attorney Matthew Muckler has fought to protect the rights and interests of clients in Luzerne and Lackawanna County and across Northeastern Pennsylvania. Because we understand the effects of a DUI conviction, you can rest assured we will work tirelessly to prepare and pursue an aggressive defense on your behalf. As a former prosecutor, Matthew Muckler knows how district attorneys build cases and can use his insights to develop a tailored legal strategy.

After you’ve been arrested and charged with DUI, turn to a seasoned DUI defense attorney in Kingston, PA, to protect your rights and future. Contact Muckler Law, LLC, for a free case evaluation to learn how our firm can help you obtain a favorable resolution to your DUI charges.

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Pennsylvania’s DUI Laws

Pennsylvania’s DUI laws make it illegal for an individual to operate a motor vehicle after consuming alcohol such that the driver has a blood alcohol content of 0.08 percent or more or is otherwise incapable of operating a vehicle safely. The statute also makes it illegal to drive when a person has any detectable amount of a Schedule I controlled substance, any amount of a Schedule II or III substance not legally prescribed to the person, or is otherwise under the influence of drugs to the point they cannot safely operate their vehicle.

The DUI law has three categories of alcohol intoxication:

General impairment: Having a blood alcohol content of at least 0.08 percent but less than 0.10 percent within two hours of having driven a vehicle, or being under the influence of alcohol to the extent that the driver cannot safely operate a vehicle.
High rate of alcohol: Having a blood alcohol content of at least 0.10 percent but less than 0.16 percent.
Highest rate of alcohol: Having a blood alcohol content of 0.16 percent or higher.

In addition, the law makes it illegal to drive a commercial vehicle, other than a school vehicle, with a BAC of 0.04 percent or higher, or to drive a school bus/vehicle with a BAC of 0.02 percent or higher.

Penalties for a DUI Conviction

Penalties for DUI convictions depend on the degree of the driver’s intoxication. Penalties for general impairment include:

First offense: Six months’ probation, fine of $300, requirement to attend an approved alcohol highway safety school, and undergo drug/alcohol assessment
Second offense: Minimum five days of incarceration, a fine of $300 to $2,500, requirement to attend an approved alcohol highway safety school, and undergo drug/alcohol assessment
Third and subsequent offense: Minimum ten days of incarceration, a fine of $500 to $5,000, and undergo drug/alcohol assessment

Penalties for having a high rate of alcohol, driving a commercial vehicle while intoxicated, or causing an accident resulting in serious injury or death include:

First offense: Minimum 48 consecutive hours of incarceration, a fine of $500 to $5,000, requirement to attend an approved alcohol highway safety school, and undergo drug/alcohol assessment
Second offense: Minimum 30 days of incarceration, a fine of $750 to $5,000, requirement to attend an approved alcohol highway safety school, and undergo drug/alcohol assessment
Third offense: Minimum 90 days of incarceration, a fine of $1,500 to $10,000, and undergo drug/alcohol assessment
Fourth and subsequent offense: Minimum one year of incarceration, a fine of $1,500 to $10,000, and undergo drug/alcohol assessment

Penalties for having the highest rate of alcohol or driving under the influence of controlled substances include:

First offense: Minimum 72 consecutive hours of incarceration, a fine of $1,000 to $5,000, requirement to attend an approved alcohol highway safety school, and undergo drug/alcohol assessment
Second offense: Minimum 90 days of incarceration, minimum fine of $1,500, requirement to attend an approved alcohol highway safety school, and undergo drug/alcohol assessment
Third and subsequent offense: Minimum one year of incarceration, minimum five of $2,500, and undergo drug/alcohol assessment

Contact Our Firm for a Free Case Evaluation to Speak with a DUI Defense Attorney in Kingston, PA, About Your Legal Options

Don’t let a single mistake result in long-term consequences for your freedom and future. Contact Muckler Law, LLC, today for a free, no-obligation consultation with an experienced Pennsylvania DUI lawyer to discuss your options for resolving your drunk driving charges.

Frequently Asked Questions about DUI in Pennsylvania

Depending on the facts of your case, you may have several defense strategies to seek dismissal of your charges or acquittal at trial. First, if you were not driving your car when you were stopped and arrested, you might be able to prove that you were not “operating” your vehicle as defined by the DUI statute. You might also contest the legality of the traffic stop by showing that the officer lacked reasonable suspicion or probable cause that you were driving under the influence or had committed another traffic violation. Finally, you may have a basis to challenge the reliability of any field sobriety tests or breath/blood testing.
Even if a breathalyzer or blood test shows that you had a BAC under the legal limit of 0.08, you can still be charged with DUI. The DUI statute makes it illegal to drive a vehicle after consuming any quantity of alcohol that makes you incapable of safely operating a motor vehicle. The prosecution will need to present evidence to prove beyond a reasonable doubt that you were in a condition that you could not safely drive. This evidence may include eyewitness or police testimony regarding any unsafe driving behaviors you committed or other noticeable signs of intoxication, such as slurred speech, slow reactions, or unsteady gait.