DUI / DWI

Philadelphia DUI Lawyers

Pennsylvania changed its DUI law in 2004 and increased the penalties, especially for second and subsequent offenders. If you were arrested with a BAC (blood alcohol content) of .10 to .159, you are looking at mandatory minimum jail time of 48 hours for a first offense or 72 hours if you refuse the breath test. If this is your second offense, you will be sentenced to a minimum of 60 days in jail. Whether this is your first or second offense, you also face a 12-month suspension of your driver's license and up to $5,000 in fines.

A DUI / DWI conviction can have a devastating effect on your life. That's why we offer a free initial consultation to explain your options in simple, easy-to-understand language.

There are many ways to defend a DUI charge:

• The stop can be challenged. In Philadelphia, people get pulled over for a variety of reasons, some of them legitimate, some of them not. If police made an illegal stop in your case, the DWI charge may be dismissed.
• If you made any statements to police at the time of your arrest, we can seek to suppress those statements. One of the first questions the police ask people after pulling them over on suspicion of drunk driving is "Have you been drinking?" You don't have to answer this question. However, most people make the mistake of answering, "One or two drinks." While that answer doesn't prove anything, it's always good evidence for the prosecution when you have admitted you were drinking.
• Breathalyzer evidence can be challenged in court. A DUI attorney can check the calibration of the breathalyzer machine as well as the timing of when you were given the test to determine if the results are accurate.

There are two parts to any DUI / DWI charge. The State has to prove not only that you were drunk, but also that you were drunk to the extent that it prevented you from safely operating a motor vehicle. Just because you blew a certain BAC on a breathalyzer machine doesn't mean you were incapable of driving. The State will try to introduce evidence from the field sobriety test to show that you could not safely operate a motor vehicle. However, the field sobriety test is a joke. Most field sobriety tests are so difficult that no one could pass them stone cold sober. We have defended clients who were asked to recite the alphabet backwards, starting from the letter M.

The reality is that a police officer's job is to arrest people. However, just because you were arrested doesn't mean the State can prove their case.

Free initial consultation: Contact Philadelphia DUI lawyers Scarpello & LaTour for a free evaluation of your case.