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DAVID CLARK
Criminal Defense Attorney

Delaware County DUI Lawyer

When your license and freedom are at risk, a Delaware County DUI lawyer can provide you with the legal advice you need to protect your rights. There are defenses to charges of driving under the influence and an attorney can help you to respond when you have been charged with operating a vehicle after using drugs or alcohol. Proper procedures need to be followed by police and your rights must be explained to you and respected. Contact a lawyer in Delaware County today to set up an initial consultation for free.

Why a Delaware County DUI Lawyer?

Whenever possible, a Delaware County DUI lawyer is going to try to get your case dismissed or the charges dropped before you even have to go to trial. Many traffic stops are illegal and police often ask drivers to take a breath test without probable cause.  If you were stopped without justification or police improperly asked you to have your BAC tested, your Fourth Amendment rights were violated. A DUI attorney in Delaware County can help keep the evidence collected during the illegal search out of court. Without evidence, the prosecutor may drop the charges or the judge may dismiss the case.

Even when evidence is admissible, defenses can be raised and doubts about the evidence can be introduced. You Delaware County DUI lawyer is going to work hard to help you try to prevent a prosecutor from proving guilt beyond a reasonable doubt. A not guilty verdict from a jury that questions the prosecutor’s case means you get to keep your license and avoid a criminal record.

Delaware County DUI Laws

Pennsylvania Code Section 3802 defines the offense of DUI to include having a BAC of .08 or higher, or a BAC of .02 or higher for someone who is under 21.  Drivers may also be charged for being under the influence of a controlled substance, or any time the motorist is too impaired to drive even with a BAC that is not over the limit.

A defendant with a BAC of .10 is considered to have a high rate of alcohol in his system and is subject to more serious penalties. A BAC of .16 or greater also carries more significant consequences. A past history of impaired driving convictions will also lead to a defendant facing a longer suspension of a driver’s license as well as a longer jail term.

A first offense generally results in probation, a $300 fine, and required completion of either recommended drug treatments and/or an alcohol highway safety school.  For a second offense, there is a minimum five-day jail term and there is a minimum 10-day jail term for a third offense.

Getting Help from a Delaware County DUI Lawyer

The loss of a license can be a tremendous hassle, and a conviction for DUI can cause car insurance rates to skyrocket.  Fines and jail time only make the situation worse. Avoiding conviction requires a proactive response to charges.

Having a legal advocate who understands DUI laws and who will fight to protect your freedom is important if you want to raise the most vigorous defense to the accusations against you. Call a Delaware County DUI Attorney today to learn more about how he and his office can help you as they have helped thousands of individuals over two decades.