If you have been charged with a DUI call The Law Office of Brian McDermott as soon as possible
DUI’s carry severe consequences, including jail time. Our main goal with every DUI case is a full dismissal and we must move quickly to make sure all evidence is preserved. Depending on the circumstances of your case there may be dash cam video from the police cruiser. Additionally, there my be issues with the field sobriety tests and/or blood or breath test results. Preserving this evidence is crucial to in providing the most effective defense possible. If your constitutional rights have been violated The Law Office of Brian McDermott will aggressively fight to have the traffic stop or evidence suppressed.
In Pennsylvania DUI’s are broken into three tiers:
TIER ONE
• The first tier includes general impairment or a blood alcohol content between .08% and .099%.
• A first offense comes with a mandatory 6 months probation as well as a $300 fine, but there is no driver’s license suspension.
• A second offense carries a mandatory 5 days in jail, $300-$2,500 fine, and year long driver’s license suspension.
• Third and subsequent offenses carry a mandatory year long incarceration, $500-$5,000 fine, and year long driver’s license suspension.
TIER TWO
• Tier two includes accidents, a blood alcohol content between .10% and .159%, and DUI by minor or commercial vehicle.
• The first offense carries a mandatory minimum is 48 hours incarceration. There is a minimum $500-$5,000 fine and a 12 month license suspension.
• The second offense carries a 30 day mandatory jail sentence, $750-$5,000 fine, and a year long driver’s license suspension.
• Third and subsequent offenses carry a year long mandatory sentence, $1,500-$10,000 fine, and 18 month long driver’s license suspension.
TIER THREE
• The third tier includes blood alcohol content of .160% or more as well as the refusal of either a blood or breath test.
• A first offense carries a mandatory 72 hour jail sentence, $1,000-$5,000 fine, and a year long driver’s license suspension.
• A second offense carries a 90 day mandatory jail sentence, $1,500-$10,000 fine, and 18 months driver’s license suspension.
• Third and subsequent offenses carry a mandatory year long suspension, $2,500-$10,000 fine, and 18 months driver’s license suspension.
ARD
For first time DUI offenders with no prior criminal history we often work to ensure our clients admission to the Accelerated Rehabilitation Disposition (ARD) program. ARD is a diversionary program designed to allow people to avoid a conviction and have the charges expunged from their record upon completion.
EHM
When ARD is not an option most DUI offenses carry mandatory jail sentences. Spending time in jail can have devastating effects on your family, job, and schooling amongst other things. The Law Office of Brian McDermott has been successful negotiating a sentence of Electronic Home Monitoring (EHM) in lieu of jail time.