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    How Long Does DUI Stay on Your Record?

    Last updated 1 day 3 hours 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.

    The Importance of Hiring a DUI Defense Attorney

    Last updated 9 days 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.

    A Look at Act 24 In Pennsylvania DUI Legislation

    Last updated 17 days 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.

    Top DUI Mistakes to Avoid

    Last updated 29 days ago

    Driving under the influence (DUI) is a serious charge that can result in significant penalties. These may include jail time, fines, the loss of your license, and the loss of your vehicle insurance—not to mention the adverse consequences it has on your reputation within the community. As soon as you are charged with a DUI, it’s essential to contact a criminal defense lawyer right away. Your criminal defense lawyer can help you avoid making grave errors that can jeopardize the outcome of your case.

    Failure to Hire a Criminal Defense Lawyer

    One of the most significant mistakes individuals make when charged with a DUI is failing to hire a criminal defense lawyer. Trying to handle the case yourself or hiring a lawyer who lacks experience with drunk driving cases can place your future in jeopardy. A veteran criminal defense lawyer will launch a comprehensive investigation of your case to determine the best possible defense for your situation. In some cases, a lawyer may succeed in having the charge dropped entirely, or he or she may be able to negotiate for a lesser charge with less severe penalties.

    Failure to Fully Inform the Lawyer

    Many defendants make the mistake of failing to fully inform the lawyer of all the facts of the case. It’s imperative to be honest with your lawyer; this enables him or her to fully prepare for your defense and to find procedural errors that may help you. For example, informing the lawyer of the circumstances of your arrest can help your lawyer determine if the arresting officer made a mistake that may lead to a dropped DUI charge.

    Failure to Appear In Court

    It’s essential to appear in court when ordered to do so. Failing to appear in court will prompt the judge to issue a bench warrant for your arrest. If you posted bail or bond, it will be revoked.

    At Kelly, Parker & Cohen LLP, our criminal defense lawyers work closely with our clients to ensure that they are fully informed of their legal rights and options. With more than 50 years of combined experience litigating complex cases, our lawyers are well-versed in effective strategies for obtaining the best possible outcomes for our clients. If you have been charged with drunk driving in the Harrisburg area, schedule a consultation with a criminal lawyer today by calling (717) 412-1564.

    Getting a DUI Expunged In Pennsylvania

    Last updated 1 month ago

    If you have been convicted of a DUI, you already understand the serious consequences it can have on your life. Not only were you required to pay substantial fees and deal with the suspension or loss of your license, but a DUI conviction on your record can also make it difficult for you to obtain gainful employment. Talk to a criminal defense lawyer about whether you’re eligible to get your DUI conviction expunged. In Pennsylvania, a criminal defense lawyer can get your conviction expunged if 10 years have passed since the conviction, you are not a habitual offender, and you meet other requirements.

    Complete the Accelerated Rehabilitative Disposition (ARD) Program

    Pennsylvania allows first-time offenders to complete the ARD program, which is a pre-trial intervention program. Acceptance into the program is not automatically granted; rather, it is decided on a case-by-case basis. If you are accepted into the program, you must complete all of the requirements, including paying fines and meeting community service obligations. Many individuals who successfully complete the ARD program will enjoy automatic expungement of their DUI conviction.

    Hire a Lawyer to File a Motion for Expungement

    If you completed the ARD program during a certain period of time, you will need to file a motion for expungement since expungement is not automatic. Hire a criminal defense lawyer to file an accurate motion for you. In some areas, a written letter of request must be filed. Your criminal defense lawyer can ensure that the letter contains all the required details and that all required documents are submitted.

    Attend a Hearing If Required

    If the prosecutor believes you have violated a component of the ARD program, he or she may object to the motion. If this occurs, your criminal defense lawyer will argue your case during a hearing.

    If you are eligible to get your DUI expunged, let the criminal defense team at Kelly, Parker & Cohen LLP handle your case for you. Our criminal defense lawyers will ensure accuracy in your motion for expungement and advocate on your behalf at the hearing. Pennsylvania residents are welcome to get in touch with our law firm by calling (717) 412-1564.

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