Last updated 2 days 1 hour ago
In Pennsylvania, drivers who are found to have a blood alcohol content (BAC) that is greater than 0.16 percent can face a separate charge of “highest rate of alcohol.” This charge involves enhanced penalties, including a minimum of three days in jail and a fine of up to $5,000 for a driver convicted of a first offense.
However, at a recent hearing, experts testified as to the alleged defective nature of a particular Breathalyzer machine, known as the Intoxilyzer 5000EN device. The testimony involved the failure of the manufacturer, CMI, Inc., to adhere to state regulations regarding the calibration of the machines. The end result of the hearing was the Judge’s ruling that this particular machine can be deemed to be inaccurate outside a certain range. This means that a criminal lawyer defending an individual who received this particular test and is charged with the “highest rate of alcohol” may be able to have the charge dismissed entirely based on these findings.
If you or a loved one has been charged with a DUI, contact a criminal defense lawyer at Kelly, Parker & Cohen right away. You can reach our criminal defense team at (717) 412-1564 or via our website.
Last updated 4 days ago
Many people assume that there isn’t much point to hiring a criminal lawyer after having been arrested for a DUI because the case seems fairly clear-cut. In fact, talking to a criminal defense lawyer about your case is always a smart decision. Even if there is evidence that shows you are guilty, your criminal lawyer can negotiate for a reduction or elimination of charges. To safeguard your legal rights, contact a criminal lawyer as soon as you’ve been charged with a DUI.
Although it’s best to consult a criminal lawyer about any DUI charge, it’s especially important to do so if you have prior convictions. In many states, the penalties for a DUI conviction involve a tiered approach. If you have multiple DUI convictions within a certain time period, you’re facing stricter penalties. These penalties can involve jail time, fines, and mandatory alcohol counseling programs, in addition to the suspension or revocation of your driver’s license. Your criminal lawyer can build a case on your behalf to work toward a favorable outcome.
By talking to a criminal lawyer as soon as possible after being charged with a DUI, you’re improving your chances of a reduction or elimination of charges. This is because your lawyer will thoroughly investigate the circumstances of your arrest and the blood alcohol testing to determine if a procedural or enforcement error may have been made.
Your criminal lawyer can negotiate for a plea bargain on your behalf, which can help you avoid a trial altogether. For example, if your field sobriety tests were inconclusive and the arresting officer did not observe questionable behavior, the criminal lawyer may be able to convince the prosecution to reduce the charge of DUI down to reckless driving.
The criminal defense lawyers at Kelly, Parker & Cohen, LLP have an in-depth knowledge of the science of blood alcohol testing, judicial and enforcement procedures, and negotiations with prosecutors. It’s in your best interests to contact a criminal defense lawyer as soon as you’ve been charged with a DUI. To explore your legal rights and options, contact our criminal defense team at (717) 412-1564 and schedule your free consultation.
Last updated 23 days ago
If you have been convicted of driving under the influence (DUI), that conviction will stay on your record for a set number of years. The laws vary from state to state regarding how long the conviction will count against you. In Pennsylvania, a DUI conviction remains on your record for 10 years. Your criminal defense lawyer can help you understand the implications of your criminal record. For example, if you are convicted of another DUI offense within that time period, you’re facing more serious penalties.
For a second DUI offense, you are facing more jail time. In Pennsylvania, if your blood alcohol content is 0.16 or greater and this is your second offense, you could be sentenced to 90 days in jail. A third offense with the same BAC equals one year in jail. A first DUI offense in Pennsylvania results in a one-year license suspension, whereas a second or third offense results in an 18-month license suspension.
If you’re facing another DUI charge, don’t delay in contacting a veteran criminal defense lawyer. You can call the criminal lawyers at Kelly, Parker & Cohen, LLP at (717) 412-1564 to explore your legal options.
Last updated 1 month ago
It is all too common for individuals charged with DUI to consider representing their own rights in court. Unfortunately, this can lead to costly consequences. A DUI conviction involves substantial fines, incarceration, the suspension or revocation of your license, mandatory treatment programs, and other penalties. By hiring a criminal defense lawyer, you can ensure that your legal rights will be protected throughout the enforcement procedure and in court.
You can watch this video to learn more about the benefits of hiring a criminal lawyer. This expert discusses the complexities of DUI laws and the particular expertise of lawyers who specialize in DUI cases.
Those in the Harrisburg area and beyond who have been charged with a DUI offense are encouraged to reach out to the criminal defense team at Kelly, Parker & Cohen, LLP. Call (717) 412-1564 to schedule a consultation with a criminal defense lawyer today.
Last updated 1 month ago
In 2003, the new Driving Under the Influence (DUI) Law for Pennsylvania was signed into law. Known as Act 24, the law implements a tiered approach to enforcement and emphasizes the need for treatment for first-time offenders. It also changed the structure of penalties for DUI offenders, depending on blood alcohol content (BAC). If you’ve been charged with a DUI offense, you can contact a criminal defense lawyer to help you understand the penalties you could be facing under the new law. Your criminal lawyer can also build a strong case in your defense to help you avoid a conviction.
General Impairment Penalties
The first level of DUI created by Act 24 applies to individuals with an undetermined BAC or with a BAC of 0.08 to 0.099 percent. If you have not previously been convicted of a DUI offense, you’re facing a $300 fine, up to six months of probation, enrollment in an alcohol highway safety school, and a possible treatment program. As your criminal defense lawyer can explain, the penalties grow more severe with each subsequent conviction.
High BAC Penalties
Treatment programs are available at all levels of DUI under Act 24; however, individuals convicted of higher tier offenses can be sentenced to more severe penalties. A high BAC is considered to be 0.10 to 0.159 percent. With no prior DUI convictions, an individual can be sentenced to 48 hours to six months of incarceration, 12 months of license suspension, a treatment program, an alcohol highway safety school, and fines of $500 to $5,000. Although many penalties are mandatory, your criminal defense lawyer can argue for less severe penalties on your behalf.
Highest BAC Penalties
This tier is reserved for those with a BAC of 0.16 percent or higher and those convicted of driving under the influence of a controlled substance. It also applies to those who refuse chemical testing. Penalties can include fines of up to $10,000 and one to five years in prison for those with prior convictions.
When you work with the criminal defense lawyers at Kelly, Parker & Cohen, LLP, you’ll have more than 50 years of combined litigation experience on your side. Our criminal lawyers emphasize obtaining practical solutions for clients who have been charged with a DUI or other offense. You can schedule a consultation with one of our veteran criminal defense lawyers by calling (717) 412-1564.