DUI Defense in Pennsylvania

Fight Your PA DWI Charges

Facing a charge for driving under the influence (DUI) in Pennsylvania is a frightening experience that can lead to harsh repercussions. A conviction can threaten your personal freedom, result in the suspension of your driver’s license, and damage your future employment prospects. However, there is hope. With the guidance of a knowledgeable legal professional, you can construct a robust defense to protect your rights, your finances, and your ability to drive.

At Mountaineer Law Group, we provide aggressive and strategic defense services for clients in Morgantown and the surrounding areas. Our team possesses a deep understanding of Pennsylvania’s complex DUI statutes and is dedicated to crafting a defense strategy designed specifically for your situation. If you need assistance, please contact us online or call (304) 381-3656.

Understanding DUI Penalties

In Pennsylvania, the penalties for drunk driving are determined by several factors, including your level of intoxication (BAC) and any previous criminal history. The consequences can be severe, ranging from fines to license suspension. For a deeper dive into the specific consequences you might face, we encourage you to review our detailed Driver’s License Penalties page.

If you are worried about potential sentencing, speaking with a qualified Morgantown criminal lawyer is the first step toward understanding what you are up against and how to mitigate it.

ARD: A Solution for First-Time Offenders

For many clients facing their first offense, we strive to minimize the fallout through the Accelerated Rehabilitative Disposition (ARD) program. Think of ARD as a form of probation that allows you to bypass the traditional trial process, jail time, and mandatory license suspensions that come with a conviction.

Participants in the ARD program are typically required to:

• Attend supervised meetings.
• Complete an Alcohol Highway Safety School course.
• Adhere to other specific conditions set by the court during a probationary period (usually two years).

The primary benefit of ARD is that successful completion leads to the dismissal of your charges. Furthermore, you gain the ability to have the arrest expunged from your record completely. However, this is not a free pass; failing to complete the program or getting arrested for another DUI within 10 years can lead to the original charges being reinstated or being treated as a repeat offender. A skilled Morgantown DUI attorney can help you navigate the application process for this program.

Am I Eligible for ARD?

Acceptance into the ARD program is ultimately decided by the District Attorney. While many first-time offenders are accepted, it is not guaranteed. There are specific disqualifiers, such as:

• If the DUI incident caused serious bodily injury or death to another person.
• If a child under the age of 14 was present in the vehicle during the arrest.

Consulting with a Morgantown criminal lawyer is essential to determine if ARD is the best path for you, especially if there are weaknesses in the prosecution’s case that might warrant fighting the charges in court.

Defense Against Drug-Related DUI

If you have prior convictions or are facing drug-related charges, there are still avenues for defense. We meticulously review police reports, lab results, and procedural records to find evidence that supports your innocence. Our goal is always to have charges dropped or penalties significantly reduced.

Prosecuting “drugged driving” (DUID) cases presents unique hurdles for the state because proving impairment is often more difficult than in alcohol cases. However, Pennsylvania law allows the use of circumstantial evidence, meaning a jury could convict you without definitive proof of drug usage.

As your Morgantown DUI attorney, I will challenge this circumstantial evidence aggressively. We can question the validity of the drug tests used or cross-examine the reliability of a Drug Recognition Expert (DRE) to cast doubt on the prosecution’s claims that you were impaired.

Attorney Sean Logue: Professional DUI Defense

When your future is on the line, you need a defender who specializes in this field. Mountaineer Law Group fits that description perfectly. Lead attorney Sean Logue blends an aggressive courtroom style with professional integrity. He takes the time to listen to your story, explain your legal options, and pursue the most favorable outcome possible.

To effectively present your side of the story in Berks County, you need a Morgantown criminal lawyer who understands the local courts. Attorney Sean Logue is prepared to be that advocate. Contact our group today at (304) 381-3656 for effective representation.

Types of DUI Charges

DUI charges can happen to anyone, regardless of their background or reputation. There are several categories of offenses you might encounter, and a seasoned attorney can help you defend against any of them.

Underage DUI

Pennsylvania has a Zero Tolerance policy for drivers under the age of 21. Because the legal drinking age is 21, the threshold for intoxication is much lower. An underage driver can be charged with DUI if their Blood Alcohol Content (BAC) is just 0.02% or higher, or if there is any evidence of drug use. The state has recently toughened its stance on these offenses, leading to escalating fines and stricter penalties.

Commercial Driver’s License (CDL) DUI

Drivers holding a Pennsylvania Commercial Driver’s License (CDL) are held to a higher standard than regular motorists. The legal BAC limit for a CDL holder operating a commercial vehicle is 0.04%.

A conviction can be devastating, potentially ending a professional driving career. It is vital to note that getting a DUI in your personal vehicle can also result in the suspension of your professional CDL. If your livelihood is at risk, you need a criminal lawyer to fight for your career.

Out-of-State DUI

If you are a non-resident charged with DUI while visiting Pennsylvania, you face risks in both PA and your home state. You may lose driving privileges in both jurisdictions. Additionally, managing the legal process might require frequent travel back to Berks County. Most states are part of a compact that shares information regarding traffic offenses, meaning you cannot hide a PA charge from your home state. A local Morgantown DUI attorney can often handle many aspects of the case on your behalf, minimizing your travel burden.

Driving Under the Influence of Drugs

In recent years, the Morgantown area has seen a spike in charges related to driving under the influence of drugs. While most drivers know the laws regarding alcohol, many are unaware of Pennsylvania’s strict statutes regarding controlled substances. It is illegal to be in “physical control” of a vehicle while under the influence of any drug. If a chemical test reveals the presence of drugs, you can be charged.

DUI and Prescription Medication

Many people are surprised to learn that legal prescription drugs can lead to a DUI arrest. If a medication has intoxicating effects, driving after taking it is illegal. Common painkillers like hydrocodone, codeine, and oxycodone are frequent culprits in these charges. Even over-the-counter drugs like Benadryl can cause drowsiness that impairs driving ability.

Always read warning labels carefully. If you have been arrested due to medication use, a Morgantown criminal lawyer can help explain the medical context to the court.

Contact Mountaineer Law Group Today

Driving under the influence is a serious legal matter. If you or a loved one has been arrested, do not wait to seek legal counsel. Contact Sean Logue and the team at Mountaineer Law Group immediately. With a comprehensive knowledge of Pennsylvania law, we are ready to guide you toward the best possible result.

We are available 24/7 to take your call at (304) 381-3656. You can also visit our website for more details. Initial consultations are always free. We proudly serve Morgantown, Berks County, and the surrounding regions. Don’t leave your future to chance— hire a Morgantown DUI attorney who will fight for you.