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DAVID CLARK
Criminal Defense Attorney

Prosecution of DUI Cases in Philadelphia

Philadelphia DUI cases are prosecuted in some of the most vigorous ways in Pennsylvania because of the mere amount of cases that flow through the city on a yearly basis. DUIs are taken very seriously, especially in Center City and surrounding areas of Philadelphia.

It is in all cases—whether it’d be a first, second or third DUI offense or greater—that an experienced Philadelphia DUI attorney comes in to play. Without such, a person may not be treated fairly by the system or the prosecutor and judge may not know anything more about an individual other than the fact that an individual has been arrested for a second or third DUI and has not followed the law.

Prosecutors in First Time DUI Cases

For first time DUI cases prosecutors work hard to make sure that drivers understand the seriousness of their offense and do not come back before the court. To do this they spend a large amount on resources and time in an attempt to get convictions.

Prosecutors in Second and Third DUI Cases

For second, third, and subsequent DUI cases, prosecutors will take theses cases even more seriously as they have already made a determination that the person was given a break the first time, and now has ignored the law again. As a result, even more resources and time are used to seek out a conviction.

What Do Philadelphia Prosecutors Need to Prove in DUI Cases?

A prosecutor in a Philadelphia DUI case has the burden to show that at the time of driving, a person was unable to drive a motor vehicle safely on the streets of Philadelphia because the person was under the influence of drugs and or alcohol or controlled substances.

In Philadelphia, the blood alcohol limit is .08. It is lower for juveniles and can go as low as .06. So, pretty much any amount of alcohol in ones system for an adult that’s above .08 will be prosecuted as a DUI in Philadelphia.

In addition, in cases involving blood draws that are taken at the police district and or hospitals, any illegal substances and/or controlled substances in excess of their prescribed amounts in a person’s system are enough to get a person prosecuted for DUI.

In a lot of cases, any amount of a controlled substance whatsoever often leads to a conviction. But a conviction at the highest level means that a person with marijuana and/or illegal substances in their system is no longer facing minimum sentences; their minimums are much higher than those of the individuals between the .08 and the point .10 levels of alcohol in their system.

Philadelphia Prosecutors and DUI Sentencing

In Philadelphia, DUI sentences are handled by starting at the minimum mandatory sentences and going as high as the maximum sentences depending on a person’s background, the circumstances of a person’s arrest and the number of times a person has been before the Municipal Court with past DUI charges.

A DUI charge can lead to anything from a 6-month probationary period with no license suspension, all the way up to one to five years of state custody with a 2-year license suspension and other charges added up.

The framework is set so that every individual is treated in a particular way. However, minimums are only recommendations. A judge cannot sentence a low minimum but given the circumstances, a judge has the power to sentence well above the minimum standards.

As a result of this, it’s important to have an experienced Philadelphia DUI attorney on your side so that the judge and prosecutors are able to hear everything about the individual, everything about you. And so that nothing more occurs to you other than the minimum mandatory sentence for what you’re facing.