Unfortunately, there is a common misconception that anyone charged with a DUI will receive little more than a stern warning from the officer. As such, many are unprepared for the serious nature of the penalties they can face when facing a DUI offense. If this reflects your circumstances, you may wonder what your options are to have your DUI reduced or dismissed. The following blog explores what you should know about these complicated legal matters, including the importance of working with a DUI lawyer in Montgomery County, PA to learn more bout your options.
What Constitutes a DUI Charge and What Penalties Can I Face?
In the United States, any time you are caught driving with a blood alcohol concentration (BAC) at or over 0.08%, you can be charged with a driving under the influence offense. However, you should also note that 0.08% is the legal limit, but if you are found with any amount of alcohol in your system and the office has determined it impairs your driving ability, you can still face a DUI charge.
A first-offense DUI in Pennsylvania is charged as an ungraded misdemeanor, This carries up to six months of probation, a fine of up to $300, and mandatory participation in an impaired driving safety course. However, a first-offense high BAC DUI means that you have a BAC between .10% and .16%, and the penalties you can face will increase. This means you face an ungraded misdemeanor, a mandatory minimum of 48 hours in jail with the potential for up to six months, a license suspension, installation of an ignition interlock device, and participation in a safety course.
With each subsequent DUI you are charged with, the penalties will continue to increase in severity as you are now considered a repeat offender.
Is it Possible to Have a DUI Reduced or Dismissed?
As you can see, the penalties for a DUI in Pennsylvania can be intense. That is why it is critical to understand your options when it comes to having a DUI dismissed or reduced. It is imperative to work with an experienced attorney if you want to challenge the DUI charge against you, as they can determine the best course of action for your unique circumstances.
One option is to negotiate a plea deal with the prosecutor. Generally, this allows you to have the charges against you lowered in exchange for a guilty plea. Typically, this is ideal as it allows you to face lesser charges while the prosecutor can secure a conviction without going to trial.
Another option is to fight the charges against you in court. Your attorney may be able to cast doubt on the evidence gathered against you, such as showing the traffic stop was unconstitutional or that evidence was mishandled. This can impact the integrity of the case against you, and the prosecution may dismiss the charges.
Finally, you may be able to have the charges against you dismissed by completing the Accelerated Rehabilitative Disposition pre-trial program. If you meet the requirements and complete the program, the charges against you can be dismissed. However, this is only an option for eligible first-time offenders.
If facing DUI charges, connecting with an experienced criminal defense attorney is in your best interest. At Mudrick & Zucker, P.C., we understand the impact these charges can have on your life, which is why we’re committed to fighting for the best possible outcome for you. Contact us today to learn more.
