Did you get charged with Driving Under the Influence (“DUI”)? Has your license been suspended for a refusal of blood or breath? What do you do next?
Easy, Call CDM LAW at 610-994-0281. We are your Montgomery County and South Eastern Pennsylvania DUI Firm. Call NOW for a free DUI consult so we can discuss your case and develop a plan to best resolve the matter for you. Whether you need an Attorney to aggressively fight your case and take it to Trial, or you need assistance in getting in the Accelerated Rehabilitative Disposition (“ARD”) program, CDM LAW has the experience and knowledge to help you handle your Pennsylvania DUI Case.
DUI or Driving While Intoxicated (“DWI”), is a serious criminal charge that can affect the rest of your life. If you or a loved one has been charged with a DUI, you need an experienced DUI firm—you need CDM Law.
From Preliminary Hearing to Trial, CDM Law Will Fight for You to help you obtain a successful resolution to your case.
The Basic Elements of a DUI:
- The Defendant did drive, operate, or was in Actual Physical Control of the movement of a vehicle;
- On a roadway;
- Where the Defendant ingested a sufficient amount of drugs or alcohol that rendered him/her incapable of safely operating a vehicle;
- Defendant had a certain level of drugs or alcohol in his/her system.
The DUI Case
Pennsylvania DUI Law is codified under 18 Pa.C.S.A. §3802. DUI case needs to be analyzed. First, the traffic stop. Why were you stopped? Were you in an accident? Were you pulled over? Was it legal? Were you actually driving outside the lines? Were you swerving? In Pennsylvania, the Police need probable cause of a motor vehicle violation to pull you over, however, if the offense that you are being stopped for requires a continuing investigation, then the proper standard for the DUI stop would be reasonable suspicion. DUI investigations continue after the stop, and often with the officer noticing that the individual driving the vehicle smelled of alcohol and/or drugs and had blood shot, glassy eyes and/or slurred speech.
After you are stopped you are likely removed from your car and subjected to questioning and/or testing. You are then likely asked to perform Standard Field Sobriety Tests (SFST’s) on the side of the road and you likely failed. This is a common situation where most of the evidence for a DUI is gathered. These SFST’s are voluntary and not required, however, if you refuse you will likely be taken in for blood or breath testing. Were the SFST’s performed properly? Was your blood drawn within two (2) hours? Did you admit to drinking? Did you slur your speech?
Another common situation is where the officer smells marijuana and requests to search your car or wishes to search your car prior to towing. Depending on what is in your car, this could lead to more issues. You are then, at some point, told that the officer believes that you are “under the influence to a degree that renders you incapable of safely operating a vehicle” and are placed under arrest. You will then be taken for breath or blood testing. Remember: you don’t have the right to an attorney yet, but you do not have to speak. You can refuse, however, if you refuse the test you will likely lose your license. After the results of your tests are received, you will then be charged in accordance with the officer’s observations and the results of your blood or breath test.
As soon as you are able, you should call and hire an experienced DUI Attorney at CDM LAW. We can help you through this process and help you rest well knowing that we are your attorneys.
The Impacts of a DUI Charge
In Pennsylvania, the blood alcohol content (BAC) level for driving under the influence is 0.08% for those who are 21 or older and 0.04% for those operating a commercial vehicle (0.02% for school bus drivers). If a person who is under 21 is pulled over with a BAC of 0.02%, PA’s “zero tolerance” policy warrants a DUI charge (3802). Whatever the situation may be, a DUI charge has a lasting impact on a person’s life. These impacts include, but are not limited to, the following:
- Mandatory Jail time: Most DUI offenses carry mandatory jail time depending on the offense and the BAC.
- License Suspensions: Most DUI offenses carry a mandatory license suspension. We will work with you to help you reduce or even eliminate your license suspensions. We can also assist you in obtaining an Occupational Limited License and Ignition Interlock, so that you can drive to and from work while on suspension. We can also help you fight your license suspension.
- Financial struggles due to:
- Expensive fines
- A raise in your insurance rate
- Required alcohol screenings
- Required education courses
- Life changes such as:
- Affecting your current employment
- Affecting future career options
- Suspension of your license
- Potential revocation of your license
- Possible jail time for certain cases
Trial is not always the best solution. Sometimes you need an Attorney to think outside the box and come up with unique and/or alternative solutions. CDM Law strives to work with the prosecutor’s office to provide alternative resolution to your case. In Pennsylvania, the District Attorney has the discretion to allow you to participate in an Accelerated Rehabilitative Disposition (ARD) program. ARD is a program that allows you to participate in a program that requires treatment, community service, a probationary period, and other requirements pursuant to the rules of the county where you are charged. ARD is generally for individuals with no, or minor, criminal history. This program usually minimizes the supervision and impact of a DUI by allowing you the opportunity to get an expungement after successful completion. The options vary in each county, however, we have successfully helped people obtain acceptance in ARD, treatment programs, diversion programs, and other programs designed to minimize the impact of a DUI.
DUI is an Escalating Offense
Remember: DUI’s are an escalating offense, meaning that the more DUI’s you get, the more severe the consequences become. A typical sentence includes jail time, loss of license, and mandatory fines. The look back period is ten (10) years for DUI’s. Whether it is a first, second, third, or even fourth offense, CDM Law has the experience to help you with your legal troubles.
The CDM Law Difference
With many years of criminal trial experience, CDM Law has handled hundreds of DUI cases, and our Attorneys have both prosecuted and defended DUI cases. Former Prosecutor, Christopher Mandracchia started his career as a DUI prosecutor and brings his years of DUI experience and training to our clients at CDM LAW. Each client’s case is unique and must be treated as such, so we strive to communicate and listen to help you achieve your best result.
We will help you through the Preliminary Hearing, ARD process, file suppression motions, Habeas Corpus Motions, or take your case to trial, whatever your case requires. We have years of experience taking cases to trial and obtaining successful verdicts.
We have experience with aggravated assault while DUI, homicide by vehicle, first offense DUI, second offense DUI, third offense DUI, fourth offense DUI, cannabis DUI, Drug DUI (3802[d]), prescription DUI’s, DUI accidents, Actual Physical Control (ACP) cases, leaving the scene of the accident, fleeing/eluding, and many other Pennsylvania DUI and DUI related offenses.
Although the conditions and severity differ from case to case, here at CDM Law, we strive to get you results. Whether it is a first offense or a fourth offense, ARD case or Jury Trial case, CDM LAW has the knowledge and experience to handle your case. Here at CDM Law, we will do everything we can to make sure your life is not defined by your DUI charges. If you or someone you know needs a DUI attorney, don’t wait—contact CDM Law today! Call 610-994-0281 for your free DUI consultation.