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Dui

Lawyer for DUI in Philadelphia

Driving Under the Influence (DUI) is a serious offense in Philadelphia. The penalties are significant and may include thousands of dollars in fines, a suspension of license and/or installation of interlock device, and years of probation or imprisonment.

If you have been charged with a DUI in Philadelphia, you need a Philadelphia DUI Lawyer to aggressively represent your interests. The Philadelphia DUI attorneys with the Law Offices of Greg Prosmushkin, P.C. have handled DUIs throughout the region and will fight for you.

DUI Penalty Breakdown

In Philadelphia, DUIs are divided into three impairment levels based upon the blood alcohol level (BAC) of the individual charged:

(1) General Impairment - 0.08% to 0.099% BAC

(2) High BAC - .10% to 0.159% BAC

(3) Highest BAC - .16% and above.

The penalties for a DUI are based on two factors: (1) the impairment level, and (2) the quantity of DUI related offenses of the individual.

When you hire a Philadelphia DUI attorney from the Law Offices of Greg Prosmushkin, P.C., your attorney will review your case and raise any questions as to the validity of the reading and will either attempt to beat the charge or plea down the charge to a lower impairment level.

First Offense DUI

A first offense DUI is the only DUI for which the Commonwealth may grant you some leniency. Pennsylvania has enacted a program called Accelerated Rehabilitative Disposition (ARD) which allows first time DUI offenders under certain circumstances to potentially resolve their DUI

matter without a conviction. The result is avoiding the harsh DUI penalties imposed by the Commonwealth. A Philadelphia DUI lawyer can review with you your criminal history and the facts of your case and advise you as to your eligibility for the program. Participating in this program is the best course of action for any eligible first time offender.

For those not eligible, they will be facing significant penalties. An individual with a BAC result falling within the range of general impairment will be facing 6 months of probation, a $300 fine, mandatory Alcohol Highway Safety School, but no suspension of their license.

A high BAC result carries imprisonment of a minimum of 2 days and maximum of 6 months, a fine between $500 and $5,000, mandatory Alcohol Highway Safety School, and a 12 month driver's license suspension.

Registering a result of the Highest BAC impairment level will carry a minimum 30 day jail sentence with a maximum of 6 months, a fine between $1,000 and $5,000, mandatory Alcohol Highway Safety School, and a 12 month driver's license suspension.

If these seem severe, you will be shocked by the significant consequences attached to subsequent offenses.

Second Offense DUI

The penalties attached to a second offense DUI are more severe than those of a first offense and without a 10 year gap between offenses, there is no chance of eligibility for ARD. Your Philadelphia DUI lawyer will explain to you this exception to ARD and whether you may be eligible.

Additionally, please take a moment to understand that these penalties refer to the number of DUIs you have overall. For instance, your second DUI overall but first DUI beyond general impairment levels will not count as your first high BAC or first highest BAC offense. It will be treated as a second DUI and you will be subjected to penalties under the corresponding offense.

For a second DUI, a BAC result amounting to general impairment will trigger consequences of 5 days to 6 months imprisonment, $300 to $2,500 in fines, mandatory Alcohol Highway Safety

School, a 12 month driver's license suspension, and 12 months ignition interlock installation on your vehicle.

A high BAC result will carry at least 30 days up to 6 months imprisonment, $750 to $5,000 in fines, mandatory Alcohol Highway Safety School, a 12 month driver's license suspension, and 12 months ignition interlock installation on your vehicle.

And a result amounting to the highest BAC will carry at least 90 days and up to 5 years imprisonment, $1,500 to $10,000 in fines, mandatory Alcohol Highway Safety School, an 18 month driver's license suspension, 12 months ignition interlock installation on your vehicle, and a criminal charge of a first degree misdemeanor.

Third and Subsequent Offenses

These penalties are the harshest for DUI offenses in which an individual is not injured or killed. It is vital that your Philadelphia DUI lawyer plea these down to lower impairment levels whenever possible as the penalties will likely prove life altering.

A third DUI offense under general impairment guidelines will result in between 10 days and 2 years imprisonment, between $500 and $5,000 in fines, mandatory Alcohol Highway Safety School, a 12 month driver's license suspension, 12 months ignition interlock installation on your vehicle, and a criminal charge of a second degree misdemeanor.

A BAC amounting to a high BAC will carry penalties of 90 days to as much as 5 years imprisonment, $1,500 to $10,000 in fines, mandatory Alcohol Highway Safety School, a 12 month driver's license suspension, 12 months ignition interlock installation on your vehicle, and a criminal charge of a first degree misdemeanor.

And a highest BAC result will carry a minimum of 1 year up to 5 years imprisonment, $2,500 to $10,000 in fines, mandatory Alcohol Highway Safety School, an 18 month driver's license suspension, 12 months ignition interlock installation on your vehicle, and a criminal charge of a first degree misdemeanor.

Finally, while most subsequent offenses beyond the third will carry penalties in line with those provided above for third offenses, a 4th offense with a high BAC will mirror the penalties of a 3rd offense highest BAC, but with fines between $1,500 and $10,000.

These penalties are very harsh and will require the diligent advocacy of an experienced Philadelphia DUI lawyer.

Why Do I Need a DUI Lawyer?

These penalties are harsh. Extremely so. The fines, loss of license, imprisonment, and so on are literally life altering and must be met with the greatest resistance you and your attorney can muster. The Law Offices of Greg Prosmushkin, P.C. will fight for you. We will aggressively research and fight these charges and arrive at the best plea deal possible when that is the best option available to you. Do not underestimate the significance of a DUI in Philadelphia. Call today to schedule a free consultation with one of the Philadelphia DUI attorneys of the Law Offices of Greg Prosmushkin, P.C.

This content was written on behalf of Greg Prosmushkin.

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9637 Bustleton Avenue
Philadelphia, PA 19115

Phone: 215-673-7733
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Trenton, NJ 08638

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Southampton, PA 18966

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