Media, PA Criminal Defense and DUI Attorney

If you are charged with your first DUI offense, consult an attorney to understand your options and the potential likelihood that you could participate in a first-time offenders program, which would additionally be the quickest way to expunge your record of this charge.

If you are charged with a second or third DUI offense, you may be faced with the threat of license suspension and/or potential incarceration. Consult an attorney in order to navigate your way through the court process, resulting in the fewest possible penalties.

Do not just plead guilty! Know your rights!

DUI is driving while under the influence of drugs or alcohol.  The Pennsylvania Criminal Code classifies DUI offenses into five main categories. They are:

  1. General Impairment (.08 – .99%)
  2. High Rate of Alcohol (.10 – .159%)
  3. Highest Rate of Alcohol (.16 – and higher)
  4. Controlled Substances (drugs) (any amount)
  5. Minors (.02 and higher)

The type of sentence you receive as a result of a DUI conviction depends in large part on two factors: 1) Your Blood Alcohol Level (BAC) at the time of arrest, and 2) The number of prior DUI’s. You will face the following penalties with a DUI conviction:

  • Criminal conviction / criminal record
  • Jail time
  • License suspension
  • Ignition interlock
  • Alcohol highway safety school
  • Fines
  • Treatment

ARD and DUI: What you should know

If you are facing your first DUI arrest, you may be eligible for ARD. To be eligible for ARD in a DUI case, you must meet all of the following requirements:

  • First DUI offense and no other prior misdemeanor, felony or ARD disposition (in at least 10 years);
  • No serious bodily injury to a passenger of the vehicle  as a result of an accident;
  • No passenger under 14 years old could have been in the vehicle you were operating;
  • You must have had a valid driver’s license (not suspended, revoked, or cancelled) at the time of DUI arrest;
  • You must undergo a Court Reporting Network (CRN) evaluation prior to admission into the ARD program, and participate thereafter in any recommended treatment or counseling;
  • You must apply for ARD at the time of your preliminary hearing.

Note: Other requirements may include completion of a safe driving class and obtaining a drug    and alcohol evaluation.

If you are accepted into the ARD program, you will also face the following license suspension based on your BAC%:

  • 0.10 % or less – no suspension;
  • 0.10 % to less than 0.16 % – 30 day suspension;
  • 0.16 % or greater – 60 day suspension.

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Enrique Latoison - author

Managing Partner and founder of Latoison Law, Enrique Latoison, Esq. represents a diverse portfolio of clientele, including individuals, families, businesses and working professionals, in all of their legal needs. You can find him on twitter and facebook or write to him at [email protected]. Mr. Latoison earned his Juris Doctorate degree from the James E. Beasley School of Law at Temple University, where he received awards in class excellence and accolades in distinguished class performance and outstanding trial advocacy.