Honesdale DUI Attorney
A drunk driving conviction can have serious consequences on your driving record, wallet, and future. If you were charged with a DUI in Pennsylvania, seek the help of an experienced DUI attorney in Wayne County. Our Honesdale DUI attorneys at Farley & Bernathy LLC, have been helping clients combat DUI charges for over 40 years, and as a result, we understand better than most which defense strategies work. Our team is prepared to help you build a viable defense to your criminal charges and fight to ensure that you walk away with reduced or even dismissed charges. For the best possible outcome to your case, contact our law office as soon after your arrest as possible.
Penalties for a DUI Conviction in Pennsylvania
Pennsylvania abides by a multi-tier system to determine how much jail time, if any, a person convicted of a DUI should serve, as well as how much in fines that person should pay and for how long a license should be suspended. The state considers many factors when doling out a sentence, the two biggest of which are the number of offenses a person has committed and BAC. The basic penalty structure is as follows:
No jail time for first time offenders; $300 fine; possible 12-month license suspension and IID (if refused to take a chemical test) Five days to six months in jail for second time offenders; $300 to $2,500 fine; 12 months of a suspended license; IID for 12 months, 10 days to two years in jail for third time offenders; $500 to $5,000 fine; 12 months suspended license; IID for 12 months
Punishments range in severity depending on a person’s BAC at the time of arrest. The punishment jumps at the following intervals: .02 (for those under 21), .08, .10, .159, and .16 or higher.
Of course, the long-term penalties of a conviction are much greater and can include the inability to obtain gainful employment in the future, increased insurance costs, and custody issues (if you have children from a prior relationship).
Though a DUI charge is serious, it is not set in stone. Prosecutors must still win a conviction, and they must do so by proving all elements of a DUI charge beyond a reasonable doubt. The four elements that the state must prove are as follows:
- You were in actual physical control of the moving vehicle;
- Your vehicle was positioned in a highway or traffic-way;
- You were impaired with a BAC of.08 percent or higher OR alcohol made you "incapable of safe driving"; and
- Evidence of your BAC was properly preserved.
Some questions we might pose to refute the prosecutor’s case are:
- Were you really in physical control of the vehicle, or was someone else?
- Was the vehicle actually moving at the time of your arrest?
- Was your vehicle on a highway or traffic-way?
- Were you really incapable of safe driving, or was your BAC the only real reason for your arrest?
In addition to exploring the answers to these questions, our team will also look closer at the nature of your arrest. Did the police have probable cause to stop you, or did the officer just stop you because you were the only vehicle on the road at the time? A "hunch" that you were up to something illegal is not enough probable cause for an officer to pull someone over, and if our team can prove that the arresting officer did not have enough reasonable suspicion, the stop itself was illegal.
Contact a Honesdale DUI Defense Attorney Today
If you were arrested and charged with a DUI in Honesdale, Pennsylvania, you face large fines, possible jail time, license suspension, and more. Depending on how many DUI convictions you have, your entire future may be at stake. Fortunately, you can protect your future and your rights by working with an aggressive DUI attorney. Contact Farley & Bernathy LLC, today to schedule your initial private consultation.