This article is sponsored by our friends at Personal Law in Hopewell. If you are in the unfortunate situation of being charged with a DUI, their expert team can help you understand your options and figure out a best course of action!
As human beings, we are extremely vulnerable to making mistakes and poor decisions. We aren’t perfect. No one is. One of the worst decisions someone can make is getting behind the wheel of their vehicle under the influence of alcohol. You are not only putting your life at risk, but also your passengers, and any other motorists on the road.
The state legal limit for your blood alcohol concentration level when driving is 0.08. That’s only a couple of beers or a mixed drink or two, depending on your weight. Unfortunately, DUI’s are all too common. I spoke with attorneys Curt McMillen and Nicholas Urick from Personal Law in Hopewell Township about the ramifications of being charged with a DUI in Beaver County, and the legal process that plays out if you are charged and convicted of driving under the influence.
During the Stop: Don’t Refuse the Test
I asked Curt McMillen what the first thing someone is to do if they are charged with a DUI. “During the actual stop, be respectful toward the investigating officer or officers. After being released, contact an attorney immediately to discuss your legal rights and options,” he said.
Pennsylvania law requires you to take a blood, breath, or urine test if you are arrested for a DUI. Pennsylvania’s “implied consent” law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been driving under the influence, then you consent to taking a chemical test of your blood, breath, or urine for the purpose of determining your blood alcohol content (BAC). The test must be taken within two hours of driving.
One interesting fact is that the law does NOT require you to take a field sobriety test, such as walking a straight line, balancing on one foot, or touching your nose with your eyes closed.
If you refuse to take a chemical test of your blood, breath, or urine, then you will be subjected to harsher penalties.
| 1st Offense | 2nd offense | 3rd Offense | |
| Refusal to take test | 1 year license suspension | 18 month license suspension | 18 month license suspension |
After the Test: You May Still Have Options
Once you are arrested, the officer should tell you that your license will be suspended if you refuse a test. He or she should also tell you that if you are later convicted of a DUI – even without the results from a chemical test – you will have to accept penalties for both the refusal and for the DUI.
For your first refusal, the suspension will last for one year. For your second or any subsequent refusal, or if you have had a prior DUI conviction, the suspension will last for 18 months.
We always hear about the difficulty of overturning a DUI charge. However, you aren’t automatically guilty if your blood alcohol concentration level is above the legal limit. According to Urick, although blood alcohol content is a significant factor in the Commonwealth proving that a person was incapable of safe driving, there may exist legal defenses which would allow an individual to successfully contest the DUI charge. He added, “For example, a legal challenge may be available with respect to the propriety of the traffic stop or the administration of a blood alcohol or breathalyzer test. In this area, it is especially important to contact an attorney who is able to thoroughly analyze the facts of your case to determine what legal defenses may be available to you.”
According to Personal Law’s website, “If tests reveal a BAC above the legal limit of .08, you may believe you face automatic conviction on the charges against you. But each DUI defense attorney at McMillen Urick Tocci Fouse & Jones in Beaver County employs many techniques to get the evidence thrown out or refute its accuracy in court. We look at equipment maintenance records to identify calibration issues, examine police officer history to raise questions about experience and find other issues about the arrest to help defend you against the charges.”
Facing the Consequences: DUI Penalties
Driving under the influence can put a serious strain on your finances. If you are convicted of a DUI in Beaver County, the fines, court costs, and related fees can range anywhere from $2,500 to $5,000 for first time offenders. On the flip side, a DUI charge can be expunged from your permanent criminal record if you are a first-time offender, if you are accepted into and successfully complete an Accelerated Rehabilitative Disposition (ARD) program.
ARD is considered a “first time offender” program, designed to divert first time offenders from entering the criminal justice system. When a first time offender is accepted into the ARD program, the Commonwealth suspends the charges against the offender, but requires that certain court-ordered conditions are followed. Such conditions may include drug and alcohol counseling, community service, restitution, etc. Similar to a probationary program, the ARD program requires a period of supervision.
Once the program is completed successfully, the original criminal charges are dismissed, and the offender may, 30 days after completion of the program, request the court to expunge the offender’s arrest record and ARD participation.
In Pennsylvania, admission into ARD is controlled by the District Attorney, who has broad discretion as to whom to allow into the program. The attorneys at Personal Law can assist you in the process of admission into the ARD program.
It is certainly possible to serve time in jail for a DUI conviction, although this varies on a case by case basis. Curt McMillen said, “Pennsylvania law provides for the possibility of jail or serving house arrest even for first time offenders, however, an individual with two or more DUI offenses is more likely to be sentenced to serving these more serious forms of punishment.”
The attorneys at Personal Law will analyze your particular case to determine viable defenses that may be available to you. For first time offenders, the attorneys can help ensure acceptance into the ARD Program and guide you through the entire court process. Additionally, the attorneys can help an individual either avoid or lessen a possible driver’s license suspension. Ultimately, an experienced attorney from Personal Law can help you protect your rights and make a bad situation much more manageable.
Contact Personal Law
If you face DUI charges, you need the support of a Beaver County criminal attorney with experience presenting effective defense cases in Beaver County courts. Contact a DUI defense lawyer at the law firm of McMillen Urick Tocci Fouse & Jones in Beaver County for the skilled representation you need.
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