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Driving Under the Influence (DUI) Charges

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Driving Under the Influence (DUI) Charges

​An arrest and conviction for Driving Under the Influence (DUI) of alcohol or drugs can deeply affect your life in many ways. Most significantly, you will be impacted in your daily life – both at work and socially.  Conviction of this crime brings you the risk of the loss of your freedom, the loss of your driver’s license and the resulting potential loss of your job. However, Alex Silow, an experienced criminal defense lawyer, can often counter a system that appears to be weighted against every person who might possibly have operated a motor vehicle while under the influence. Alex is a criminal defense lawyer with years of experience working as an Assistant District Attorney and many more years providing DUI clients with strong and outstanding defense and that means that an arrest does not always have to lead to a conviction and an incarceration.

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If you have been arrested for a DUI, Alex Silow understands the paths to help you pursue favorable options, including case dismissal, not guilty verdicts, reduced charges and alternative programs that don’t bring you the risk of the loss of your freedom and the resulting potential loss of your job.

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Alex represents DUI clients throughout Chester County, Delaware County, Montgomery County, Lancaster County, and Philadelphia County and is qualified and licensed to represent clients in each of the 67 counties that make up the Commonwealth of Pennsylvania. Call 610-441-9310 to schedule a free case evaluation. With your upcoming court date, every minute without an experienced DUI criminal defense lawyer places you into danger.

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Information About Pennsylvania DUI Charges

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Definition of DUI in Pennsylvania ​

Generally stated, an adult “may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle”. Furthermore, “an individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least 0.08% but less than 0.10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle”. Operating a vehicle while under the influence of a controlled substance is also against the law.

 

If you would like to read the law, here is a link to § 3802 of the Pennsylvania statutes entitled Driving under influence of alcohol or controlled substance: http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.038.002.000..HTM

 

Fortunately, there are options available to the accused - aside from trial - that often avoid or lessen the consequences of a DUI arrest. Alex Silow is dedicated to using his experiences as a former Chester County Assistant District Attorney as well as the lessons learned during his many years as a criminal defense lawyer to help his clients avoid the most serious penalties and consequences of a DUI arrest.

 

DUI penalties in Pennsylvania

Penalties upon being convicted of DUI vary depending on how may DUI arrests a person has had in the past 10 years, their level of intoxication and the surrounding circumstances of the arrest. Once you are arrested and charged, you are at risk of losing your license, owing large fines and costs and going to jail.

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Will I Lose My Driver's License After a DUI in Pennsylvania? ​

This is the question everyone who is arrested for DUI wants to know. The answer is always based upon the individual circumstances of your own specific situation and that is why it’s so important to call Alex at 610-441-9310 to schedule a free case evaluation. Here are some of the factors that will affect whether you will lose your driver’s license after a DUI:

How high your blood alcohol level was; if you had a previous DUI and when it took place; if an accident was involved; and, if controlled substances were also in your bloodstream. In addition, there are situations where evidence gathered by the police can be suppressed, and thus cannot be used against you, based upon the manner the evidence was obtained.

 

DUI/ARD Program

Most District Attorney’s Offices in the Commonwealth of Pennsylvania offer Accelerated Rehabilitative Disposition (ARD) as an alternative to prosecution to defendants who don’t have a prior record. The ARD program offers first time offenders the opportunity to avoid a DUI conviction and significantly reduce the mandatory license suspensions.

 

DUI Defenses

There are many defenses that can be utilized by an experienced, and knowledgeable, criminal defense lawyer when you are faced with a DUI charge. An arrest for DUI does not automatically have to conclude with a conviction. Here are a few examples of typical DUI defenses:

 

  • The blood or breath sample was not collected in an approved manner

  • There was an error made by the technician testing your sample

  • There was an error or deficiency with the machine that tested the sample

  •  You never actually drove the vehicle

  • The police never had sufficient probable cause to stop your vehicle

 

To discuss your DUI arrest, contact Alex Silow at 610-441-9310 to schedule a free consultation to discuss the facts and circumstances surrounding your arrest.

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Additional Resources

Department of Drug and Alcohol Programs (DDAP) - Visit the Department of Drug and Alcohol Programs website to learn more about education, intervention and treatment programs to reduce the drug and alcohol abuse and dependency for all Pennsylvanians.

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Visit the DVM Website to learn more about the regulations for DUI and DWI in the state of Pennsylvania. 

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