Criminal Defense

Driving Under the Influence of Alcohol, Drug, or Controlled Substance (DUI)

Driving Under the Influence, also commonly referred to as “DUI” or “DWI”, is serious, complicated business in both Pennsylvania and New Jersey. DUI laws are quite complicated, and cannot be explained in a one or two paragraph summary, and the law changes rapidly in this area.

In general, a DUI is when someone is in operation or control of a motor vehicle while under the influence of alcohol, an illicit controlled substance, or too much of a prescribed drug, that renders him or her incapable of safely operating the vehicle.

If your lawyer sets the case up the right way, he or she can get programs for you if you are a first-time offender, under the right circumstances, which can keep your record clean. In Pennsylvania, there is the Accelerated Rehabilitative Disposition (ARD) program, for example. This is known as a diversionary program. In New Jersey, the equivalent to the ARD program is the Pre-Trial Intervention program, but it is not available for DUI cases.   After the first DUI, your lawyer will have to be creative, know the law, and fight hard to keep you out of jail.

There are mandatory-minimum sentences that are involved in DUI cases, so be sure to hire a lawyer and take your case seriously.

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