DUI Defense

in York, PA

A DUI charge in Pennsylvania is a serious criminal offense that can impact your freedom, your finances, and your ability to earn a living. However, being arrested for a DUI does not mean you will be convicted. As your attorney, I examine every technical and legal detail of your arrest to build a defense aimed at protecting your future.

The Three Tiers of DUI in Pennsylvania

Pennsylvania uses a "tiered" approach to DUI penalties based on your Blood Alcohol Concentration (BAC). The higher the tier, the more severe the mandatory minimum penalties:

  • General Impairment: .08% to .099% BAC

  • High Rate of Alcohol: .10% to .159% BAC

  • Highest Rate of Alcohol: .16% and higher (or Controlled Substances/Refusals)

Common Ways to Challenge a DUI

Many people believe a "failed" breathalyzer or blood test means the case is over. That is not always true. I look for weaknesses in the Commonwealth's case, such as:

  • Illegal Traffic Stop: Did the officer have "reasonable suspicion" or "probable cause" to pull you over? If not, the evidence may be suppressed.

  • Faulty Testing Procedures: Was the breathalyzer machine properly calibrated? Was the blood draw performed by a qualified individual within the legal time limit?

  • Field Sobriety Errors: These tests are subjective. Factors like weather, lighting, footwear, and medical conditions can often explain a poor performance better than intoxication.

First-Time Offenders: The ARD Program

If this is your first offense and no one was injured, you may be eligible for the Accelerated Rehabilitative Disposition (ARD) program.

  • Benefits: You avoid mandatory jail time, face a significantly shorter license suspension, and—most importantly—upon successful completion, your charges are dismissed and your record can be expunged.

Protecting Your License

For many of my clients, the biggest concern is losing the ability to drive to work. Even if your license is slated for suspension, Pennsylvania law often allows for an Ignition Interlock Limited License. I provide the technical guidance needed to petition PennDOT correctly, install the required safety equipment, and maintain your driving privileges.

Take the First Step Toward Your Defense

Don't wait until your preliminary hearing to get help. The sooner we begin investigating the evidence, the more options we have.