DUI

Getting stopped and arrested for DUI can cause you significant embarrassment and anxiety. However, you don’t have to let a single event define the rest of your life. When the police have arrested and charged you with intoxicated driving, you need a seasoned attorney to protect your reputation, freedom, and future. Don’t leave the outcome of your case to chance. Contact Andrew F. Skala, Esquire, for an initial case evaluation with a DUI defense attorney to discuss your options for seeking a favorable resolution to your intoxicated driving charge.

Why Choose Andrew F. Skala, Esquire, After a DUI Arrest?

A DUI arrest and conviction can have significant consequences for your freedom, reputation, and financial interests, making your choice of legal counsel one of the most critical decisions in your case. Choose criminal defense lawyer Andrew F. Skala, Esquire, to advocate for your interests after a DUI arrest because of my firm’s values of:

Collaboration and Input – I believe that clients should always decide how to proceed in their cases. I always take the time to explain your charges and legal options, helping you make informed decisions based on your needs, concerns, and goals.
Extensive Legal Knowledge and Experience – I have over two decades of experience representing individuals facing DUIs and other criminal charges, ensuring that you have legal representation from an attorney with the knowledge and insight needed to handle your case.
Honesty, Transparency, and Respect – At my firm, you can expect to receive a clear, honest, straightforward assessment of your case and the potential outcomes, even if that might not provide the news you wanted to hear. However, you can rest assured that I will always advise you with the respect your situation deserves.

Understanding DUI Laws in Pennsylvania

Under Pennsylvania law, a person may commit an offense if they drive, operate, or exercise physical control over a vehicle after consuming sufficient quantities of alcohol to render them incapable of safe driving.

Alternatively, a person may face a DUI prosecution if they drive, operate, or exercise physical control over a vehicle with a blood/breath alcohol content of 0.08 percent or more (0.04 percent or more for commercial vehicle drivers or 0.02 or more for motorists under 21 or school bus drivers).

Finally, police may arrest someone for DUI if they drive, operate, or exercise physical control over a vehicle with a detectable amount of a Schedule I controlled substance or a Schedule II or III controlled substance not prescribed to the individual in their system.

Pennsylvania also has an implied consent law that presumes every driver has consented to breath, blood, or urine testing for alcohol or drugs following a DUI arrest. Refusing to take a test after a valid arrest may subject a driver to various administrative penalties, including suspension of their driver’s license.

Penalties for a DUI Conviction

Penalties imposed for DUI convictions in Pennsylvania will depend on factors, including the degree of the driver’s intoxication and the number of prior DUI convictions they have. An arrest based on an undetermined blood/breath alcohol content or a BAC of 0.08 to 0.099 percent can impose penalties such as:

First Offense – Up to six months of probation, a $300 fine, requirement to attend alcohol highway safety school, requirement to attend alcohol abuse treatment if ordered, and a one-year ignition interlock requirement
Second Offense – Five days to six months in jail, a 12-month driver’s license suspension, a $300 to $2,500 fine, requirement to attend alcohol highway safety school, requirement to attend alcohol abuse treatment if ordered, and a one-year ignition interlock requirement
Third or Subsequent Offense – 10 days to two years in prison, a 12-month driver’s license suspension, a $500 to $5,000 fine, a requirement to attend alcohol abuse treatment if ordered, and a one-year ignition interlock requirement

A DUI charge based on a chemical test with a BAC reading of 0.10 to 0.159 percent can impose penalties such as:

First Offense – 48 hours to six months in jail, a 12-month driver’s license suspension, a $500 to $5,000 fine, requirement to attend alcohol highway safety school, requirement to attend alcohol abuse treatment if ordered, and a one-year ignition interlock requirement
Second Offense – 30 days to six months in jail, a 12-month driver’s license suspension, a $750 to $5,000 fine, requirement to attend alcohol highway safety school, requirement to attend alcohol abuse treatment if ordered, and a one-year ignition interlock requirement
Third or Subsequent Offense – 90 days to five years in prison, an 18-month driver’s license suspension, a $1,500 to $10,000 fine, a requirement to attend alcohol abuse treatment if ordered, and a one-year ignition interlock requirement

A DUI charge based on an arrest with a BAC of 0.16 percent or more or drug intoxication can impose penalties such as:

First Offense – 72 hours to six months in jail, a 12-month driver’s license suspension, a $1,000 to $5,000 fine, requirement to attend alcohol highway safety school, requirement to attend alcohol abuse treatment if ordered, and a one-year ignition interlock requirement
Second Offense – 90 days to five years in prison, an 18-month driver’s license suspension, a $1,500 to $10,000 fine, requirement to attend alcohol highway safety school, requirement to attend alcohol abuse treatment if ordered, and a one-year ignition interlock requirement
Third Offense – One to five years in prison, an 18-month driver’s license suspension, a $2,500 to $10,000 fine, a requirement to attend alcohol abuse treatment if ordered, and a one-year ignition interlock requirement

Defenses Against DUI Charges

A person charged with drunk or drugged driving might raise various defenses against the prosecution’s case to seek a reduction or dismissal of their charges or an acquittal at trial. Common defenses in DUI cases include:

No Prior Conviction – A defendant may seek to reduce the grading of their charge by arguing that a previous conviction in their criminal history does not qualify as a prior DUI offense.
No Driving, Operation, or Control of a Vehicle – A defendant may contend that the circumstances of the case prove that they did not drive, operate, or exercise control over a vehicle.
Unlawful Traffic Stop – Defendants may challenge the legality of the police’s traffic stop by arguing that officers lacked reasonable suspicion or probable cause of a traffic or criminal offense.
Unreliable Field Sobriety or Chemical Testing – A defendant can challenge the reliability of field sobriety or chemical test results by identifying issues with testing protocols (e.g., conducting field sobriety tests in adverse conditions or not observing required waiting periods for chemical testing) or potential problems with chemical testing equipment (e.g., lack of calibration).

How Can an Attorney Help You Face DUI Charges?

An attorney can help you pursue a more favorable resolution to a DUI prosecution by:

Gathering evidence to build compelling defense arguments against the state’s case
Discussing your legal options and the potential outcomes of your charges to assist you with making informed decisions
Vigorously contesting the prosecution’s evidence at every available opportunity, including challenging the admissibility or reliability of evidence
Fighting for the best possible resolution to your charges, even if that means going to trial

Contact Our Firm Today for Experienced Legal Representation

When you face DUI charges in Pennsylvania, you need a seasoned, dedicated attorney who will fight to obtain a favorable resolution to your case. Contact Andrew F. Skala, Esquire, today for a confidential consultation with a knowledgeable DUI defense lawyer to discuss how I will work to protect your rights, reputation, and future from the potential consequences of a drunk driving offense.

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