Are You Facing a DUI Charge?

The Arrest Process

When you’re pulled over for a DUI, the officer will typically have you perform a series of field sobriety tests, such as following a pen with your eyes or walking in a straight line. If the officer believes you’ve failed these tests, you’ll be required to give a blood sample or take a breathalyzer test. The results of these tests will determine which tier of penalties you face.

During this process, it’s crucial to remember your rights. You have the right to remain silent, the right to an attorney, and the right to refuse a field sobriety test. However, refusing a blood or breath test may result in an automatic license suspension.

DUI Penalties

Each tier carries different penalties, including probation, imprisonment, and fines. The penalties are as follows:

First tier: Maximum of six months probation

Second tier: Mandatory minimum of 48 hours in prison

Third tier: Mandatory minimum of three days in prison

Additionally, fines and other costs can also be imposed, depending on the circumstances of your case. An experienced attorney like Enrique Latoison can help you navigate these penalties and potentially avoid jail time, depending on your specific situation.

Repeat Offenses

If this is your third DUI charge, you could be facing a mandatory minimum of one year in state prison and a felony charge. Pennsylvania’s DUI laws become progressively harsher with each subsequent offense. An experienced attorney like Enrique Latoison can help you understand the consequences of repeat offenses and work towards a more favorable outcome.

Accelerated Rehabilitative Disposition (ARD)

If you’ve never been in trouble before and meet certain criteria, you may qualify for Pennsylvania’s ARD program. This program offers a more lenient alternative to traditional DUI penalties. However, it’s important to note that not everyone who qualifies for ARD will automatically receive it – the District Attorney’s office has the final say in whether or not to offer the program.

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License Suspension

Unfortunately, losing your license is a common consequence of a DUI charge in Pennsylvania. The length of the suspension depends on the circumstances of your case and whether you participate in the ARD program. For those in the ARD program, the suspension period is typically reduced to two months.

Staying Informed

The laws surrounding DUIs change frequently, making it crucial to consult with an attorney who’s up-to-date on the latest regulations. For example, Pennsylvania recently enacted Deana’s Law, which increases the penalties for a third DUI charge.

Working with a DUI Attorney

When facing a DUI charge, it’s essential to work with a criminal defense attorney who is knowledgeable about the latest laws and regulations. A skilled attorney like Enrique Latoison can help you navigate the complex legal landscape of DUIs, protect your rights, and work towards the best possible outcome for your case.

Building a Defense Strategy

Your attorney will begin by examining the details of your arrest and the evidence against you. They will look for potential errors in the administration of field sobriety tests, breathalyzer tests, or blood tests. They will also investigate whether your rights were violated during the arrest process or if there were any other irregularities.

Some potential defense strategies may include:

Challenging the legality of the traffic stop

Contesting the accuracy of the breathalyzer or blood test results

Providing evidence of a medical condition that may have affected the results of the field sobriety tests

Arguing that you were not actually under the influence at the time of the arrest

Your attorney will work closely with you to develop a defense strategy that best suits your specific case.

Going to Court

When your case goes to court, your attorney will represent you and present your defense to the judge or jury. They will cross-examine the arresting officer and any other witnesses, present evidence supporting your defense, and make a persuasive argument on your behalf. Throughout the trial, your attorney will fight to protect your rights and ensure that you receive a fair hearing.

The Penalty Phase and Expungement

If you are found guilty, your attorney will continue to advocate for you during the penalty phase. They will present mitigating factors, such as your lack of a prior criminal record or your willingness to participate in a rehabilitation program, to potentially reduce your sentence.

In some cases, you may be eligible for expungement, which is the process of sealing or erasing your criminal record. This can be particularly beneficial in terms of employment opportunities and personal reputation. Your attorney can advise you on whether you may be eligible for expungement and guide you through the process.

Facing a DUI charge can be overwhelming, but you don’t have to navigate it alone. By working with an experienced attorney like Enrique Latoison of Latoison Law, you’ll receive professional guidance and support throughout every step of the process. From understanding the complexities of Pennsylvania’s DUI laws to building a strong defense and advocating for you in court, Enrique Latoison is committed to helping you achieve the best possible outcome for your case.

Don’t let a DUI charge derail your life. Turn to the expertise of Latoison Law and take control of your future. Learn more from https://youtu.be/F9DkpNtrOmU