Here are some top established strategies to get a first-time DUI charge dismissed in Pennsylvania:
- Accelerated Rehabilitative Disposition (ARD): Also known as pretrial diversion, this program is available to first-time DUI offenders in many counties in Pennsylvania. If you qualify, you can avoid a trial and have your criminal record expunged after completing the program.
- Deferred judgment: This option requires you to be on probation for a period of time.
- Diversion programs: If you’re eligible for certain diversion programs, such as treatment programs, you may be able to be accepted into a diversion program.
- Police misconduct: If you believe that a police officer acted inappropriately or performed some act of misconduct, it can lead to evidence being dismissed or your entire case being thrown out.
- Lack of probable cause: A DUI case might be dismissed if the police cannot tell the court what factors they used, or cannot clearly identify the reasons for your stop.
Other certain ways to avoid jail time with a recent DUI in Pennsylvania include:
- Going to trial and being found not guilty
- Negotiating a plea with the DA that would avoid jail time
- Hiring a qualified and experienced DUI attorney
A 2024 first offense DUI usually doesn’t result in a license suspension in Pennsylvania. However, second and third offenses result in a 12-month license suspension and the requirement to install an ignition interlock device.
Arrested for a First DUI in Pennsylvania? Here’s How to Fight Back
Fighting to get out of a first-time DUI charge in Pennsylvania can be overwhelming, but don’t resign yourself to the consequences just yet. As specialist DUI lawyers in the PA with over 25 years of experience navigating the local legal system, our expert attorneys are here to tell you that dismissal or reduction of your charges is a real possibility.
This page outlines the proven PA defense strategies you with the inside knowledge and resources you need to make informed decisions and potentially walk away with your record clear.
Understanding Your Best Chances of Case-Winning Options
First, let’s break down the best possible first DUI outcome scenarios:
- Dismissal: The most favorable scenario, where the charges are dropped altogether.
- Reduction: The charge is downgraded to a lesser offense, often with less severe penalties.
- Negotiated Plea: Reaching a plea bargain with the prosecutor to minimize consequences.
- Trial: Fighting the charges in court, which requires a strong legal strategy and experienced representation.
Maximizing Your Odds of Success
The key to getting your first DUI charge thrown out or dropped to a less serious offense lies in a proactive approach. Here are some crucial steps to take:
1. Act Fast: Time is of the essence. Contact a qualified DUI lawyer immediately after your arrest. They can advise you on your rights, navigate the legal process, and start building a strong defense.
2. Understand the Evidence: Review the police report, breathalyzer results, and any other evidence against you. Your lawyer will help identify potential weaknesses or inconsistencies.
3. Explore Defense Strategies: Several defenses can be employed, like:
- Challenging the traffic stop: Was it justified? Did the officer have probable cause?
- Questioning field sobriety tests: Were they administered properly? Were the results accurate?
- Challenging breathalyzer results: Could there be alternative explanations for the readings?
- Medical conditions: Certain medical conditions can mimic DUI symptoms.
4. Negotiate with the Local Prosecutor: Your lawyer can negotiate a plea bargain to reduce the charges or penalties. This may involve community service, alcohol education programs, or other stipulations.
5. Consider Trial: If a favorable plea bargain isn’t possible, your lawyer will assess the merits of your case and advise you on going to trial.
Case Scenario: Breathalyzer Malfunction Leads to Dismissal
Pete: Our client Pete, was stopped for alleged swerving, and blew a 0.12 on the breathalyzer. His lawyer investigated and discovered the breathalyzer hadn’t been properly calibrated. The judge dismissed the charges due to unreliable evidence.
Remember: Every driver’s own DUI case is unique and the precise details of each person’s arrest scenario will be different.
The specific circumstances of your arrest and the evidence against you, will always determine the best course of action at finding the most effective defense strategy to defeat the charges.
Don’t Let PA DUI Attorney Fees Be a Barrier
Many people hesitate to hire the best local lawyer in PA due to financial concerns. However, the cost of a Board Certified Pennsylvania DUI lawyer pales in comparison to the potential consequences of a conviction, including fines, license suspension, even jail time.
At FightDUICharges, we understand the financial burden a DUI charge can bring.
That’s why our top defense attorneys provide free Pennsylvania DUI help with an arrest review by the highest-rated DUI lawyer nearby, and even work with clients on a case-by-case basis to ensure everyone has access to top-notch inexpensive legal representation to beat the charges.
Don’t Give Up Hope:
Getting a local first-time DUI charge thrown out or reduced is achievable with the right approach and legal guidance.
Don’t hesitate to contact an experienced DUI lawyer with FightDUICharges for a free attorney consultation. We’re available 24 hours daily with Board Certified attorneys on call to help you navigate this challenging situation and fight to get out of a PA DUI with the best possible outcome of a case dismissal.
Second dui. I have the interlock on my truck. My question is with the new PA laws. I’m told they can’t keep me on parole for the whole 5 years. Is that true?
Question I’m currently on a DUI suspension my 2nd one, I had drive myself to work the one day I ended up getting pulled over! The officer gave me a Driving under suspension I was not intoxicated or high nothing in my system any way this charge can get beat or thrown out of court?
Question – I had my first DUI in 2003 and the second in 2005. I am in PA and was told by the officer when I was arrested for a DUI with a 2.2 BAC, that I would get ARD. Can anyone with a DUI under PA laws mean am I going to have to to get ARD??
My legal question about possible DUI defense to get out of a DUI in Pennsylvania is if a person is apprehended by an officer due to phone call made concerning that person’s mental health and well being due to be possibly causing harm to oneself or others. When the officer does find that person parked, but not driving and then takes them to the local hospital psychiatric ward at which time the person self admits for psychiatric evaluation, but protocol for this self admittance is to obtain a blood test for drugs and alcohol, can the officer’s superior then use that blood test against the individual also for a DUI Conviction?
They must have a warrant and they must have seen you driving, unfortunately if you are sitting in drivers seat with keys in reaching distance, that is considered “in control” of vehicle, depends on your situation. If they arrest you for DUI and breathalyze you then they need a warrant for blood samples
My breath test was 0.02 getting charged with DUI a second time. The police said since I had a DUI in the past, that’s only how high it had to be to get charged with DUI again.
That is herrendous…once you go to a DUI hearing the charge should probably get thrown out if you have a decent lawyer. I’m in Nassau county NY which is the worse, I got 2 in 10 yrs and they are giving me a felony. I was actually thinking about moving to PA to change jurisdiction b/c in PA i’ve read you cannot get a Felony DUI unless you hurt someone or have a ‘serious driving offense”.