Philadelphia DUI Defense Lawyers
Penalties for driving under the influence convictions, also called DUI convictions, in Pennsylvania carry a severe reputation. The knowledgeable and experienced Philadelphia DUI defense lawyers at Shuttleworth Law help push back against flawed evidence. Our team will put our years of experience behind your case to build a strategy that seeks the best possible outcome.
DUI testing procedures are not foolproof. Law enforcement and prosecutors get it wrong all the time. If there’s a weakness in the case against my client, I’m looking for it.
Shuttleworth Law Represents Tough DUI Charges in Pennsylvania
Shuttleworth Law is peer-recognized for offering knowledgeable and ethical legal representation to those who stand wrongly accused. Our Philadelphia-based DUI practice is founded and headed by Brad V. Shuttleworth, a lawyer with knowledge and trial experience defending DUI cases. He offers insight and more control into your matter.
Charges we represent include:
- Boating DUIs
- Drug DUIs
- DUI appeals
- DUI expungements
- Felony DUIs
- First-time DUIs
- Marijuana DUIs
- Misdemeanor DUIs
- PennDot Administrative Hearings
- Prescription drug DUIs
- Vehicular homicide with DUI charges
- Any DUI charge you face!
Avoid making unnecessary statements to justice system before speaking with Philadelphia DUI defense lawyers. Our court systems convict innocent people routinely with institutional knowledge behind it. However, you should know that DUI tests are, in some cases, wrong, and Shuttleworth Law will work toward proving your innocence.
How Pennsylvania’s Criminal Code Defines Driving Under the Influence
Driving under the influence (DUI) of alcohol, a controlled substance, or both is illegal under 75 Pa.C.S. § 3802. The legal limit in Pennsylvania for drivers over the age of 21 is at least 0.08 percent. For drivers under 21, the BAC limit is at least 0.02 percent. If you have a commercial driver’s license, the limit is at least 0.04 percent.
DUI Penalties in Pennsylvania
Pennsylvania used a tiered DUI penalty system based on your blood alcohol content (BAC), criminal record, and any aggravating factors. DUIs are typically misdemeanor offenses that carry jail time, probation, a lengthy driver’s license suspension, and other serious consequences.
First Offense DUIs
First offense DUIs may include the following penalties:
- BACs between 0.08 and 0.999 percent: Up to six (6) months probation, fines, alcohol school, and treatment
- BACs between 0.10 and 0.159 percent: Up to two (2) months in jail, a $5,000 fine, a one (1) year license suspension, alcohol school, and treatment
- BACs of 0.16 percent or higher: Up to six months in jail, a $5,000 fine, a one (1) year license suspension, alcohol school, and treatment
Second Offense DUIs
Second offense DUIs may carry the following penalties:
- BACs between 0.08 and 0.999 percent: Up to six months in jail, a $2,500 fine, a one (1) year license suspension, a one (1) year ignition interlock device (IID) installed on your vehicle, alcohol school, and treatment
- BACs between 0.10 and 0.159 percent: Up to six (6) months in jail, a $5,000 fine, a one (1) year license suspension, one (1) year of an IID on your vehicle, alcohol school, and treatment
- BACs of 0.16 percent or higher: Up to five (5) years in jail, a $10,000 fine, an eighteen (18) month license suspension, a one (1) year IID installation, alcohol school, and treatment
Third Offense DUIs
Penalties for third-offense DUIs may include:
- BACs between 0.08 and 0.999 percent: Up to two years in jail, a $5,000 fine, a one (1) year license suspension, IID installation, alcohol school, and treatment
- BACs between 0.10 and 0.159 percent: Up to five (5) years in jail, a fine of up to $10,000, an eighteen (18) month license suspension, one (1) year of an IID installation on your vehicle, alcohol school, and treatment
- BACs of 0.16 percent or higher: Up to five years in prison, a fine of up to $10,000, an eighteen (18) month license suspension, a one (1) year IID installation, alcohol school, and treatment. Depending on your DUI history and BAC, you may face a felony charge
There are social and professional consequences associated with a DUI conviction also. A DUI results in a permanent criminal record if you are convicted or enter a plea agreement. This outcome has the potential to have a profoundly negative effect on your life in terms of finding a job, housing, and more.
Shuttleworth Law Mounts a Strong Defense Against DUI Charges
Legal representation can make a significant difference in the overall outcome of your case. People sometimes forgo hiring a lawyer since they erroneously believe overwhelming evidence against them. Experienced Philadelphia DUI attorneys, like Brad V. Shuttleworth, Esq., will tell you that there are many viable defenses available even if a breath or blood test revealed that your BAC was above the legal limit.
Defenses used to exonerate past cases include:
- Defense 1. Improper Stopping Procedures: Police must follow specific rules when investigating a potential DUI, including how they handle pulling you over. If an officer violated a single point, Shuttleworth Law would point it out as part of your defense.
- Defense 2. No Probable Cause: Like the stopping procedure, police must have reason to arrest you for a DUI. Without probable cause, the arresting officer may have violated your legal rights.
- Defense 3. Challenge to Officer Testimony: The arresting officer will testify about your behavior during the arrest. If their testimony is false, you may call witnesses who witnessed what occurred. You could also provide explanations for why you behaved in a particular way.
- Defense 4. Improperly Administered Standardized Field Sobriety Tests (SFSTs): These tests are not always accurate indicators of sobriety
- Defense 5. Flawed Breath or Blood Test Results: There are stringent regulations regarding the conduct of blood and breath tests. If the arresting officer deviates in any way from protocol, the results may be tainted.
You do not have to leave your future in the hands of just any Philadelphia criminal defense lawyers. Work with the legal team at Shuttleworth Law to provide personalized legal representation while working toward getting your charges dropped, dismissed, or reduced. Regardless of the evidence, we will explain your legal rights and options throughout the entire legal process.
What These Defenses Mean for DUI Cases
The Commonwealth of Pennsylvania bears the burden of establishing each element of the charged offense beyond a reasonable doubt in any criminal case. In other words, the evidence must dispel any reasonable doubt about your culpability or guilt. Prosecutors must also show that the testing procedures were administered correctly within the required time.
In that case, a DUI lawyer may argue that the test results are invalid and should be suppressed. Our Philadelphia DUI attorneys can assist drivers in arguing against any testing irregularities. Additionally, if a traffic stop triggered the DUI screening, prosecutors must establish that the arresting officer had a reasonable suspicion that the individual had violated a law before stopping you.
In other words, if the police cannot establish reasonable suspicion for detaining a person, the stop may constitute a violation of your constitutional rights against unreasonable stops and searches. As such, the Commonwealth may be barred from using any information gathered from the traffic stop during your trial.
DUI Charges Do NOT Have to Ruin Your Life
Pennsylvania DUI laws carry the possibility of severe penalties, including jail time and license suspension. Shuttleworth Law understands timing and when to consider alternative sentencing measures to minimize client harm. We work with clients to ensure that they receive representation that seeks to avoid any consequences whatsoever.
If this is your first offense and no one was harmed, you may qualify for an Accelerated Rehabilitation Program (ARD). This program advocates for treatment rather than incarceration. If you are eligible for ARD and meet the requirements, your charges may be dismissed, and the repercussions for your future will be less severe.
A Free Case Evaluation Will Get You Answers
Get a Free Case Evaluation with Shuttleworth today by calling (215) 774-1371 or message him directly online. Your charges are defensible. We’re here to help.
How Our DUI Legal Team Defends Cases in Pennsylvania & New Jersey
Although field sobriety tests are at your own volition, motorists must follow PA’s Implied Consent Laws, which mean that you gave the state permission to reasonably test you for intoxication when you accepted a driver’s license. However, these testing procedures are flawed, with a recent case showing more than 34 faulty Breathalyzers used by a single police force.
If you hire us to represent your case, the Philadelphia DUI defense lawyers at Shuttleworth Law will reliably deliver on the following services:
- Determined: Our legal team will not handle your charges with a grain of salt. If we discover a fact that can exonerate you, you can count on your attorney to present them strategically for your specific situation. We will put up a fight throughout the time we work together.
- Personalized: Shuttleworth Law is an experienced law firm with a laser-like focus on our practice areas. You will benefit from customized service that makes you feel comfortable and ongoing legal advice if new issues arise.
- Experienced: Brad has years of experience successfully winning cases for clients at trial and, in many situations, before it even gets there. You can count on our firm to seek out the best possible solution.
There is no one-size-fits-all approach to legal representation at Shuttleworth Law. We approach every case with a fresh set of eyes and a desire to see you get the best possible outcome. We will also help you manage risk and make decisions as new case developments arise.
Get Your Free Case Evaluation with Our Criminal Defense Team
Protect your case with Philadelphia DUI defense lawyers at Shuttleworth Law. Our legal team invites you to a Free Consultation by calling (215) 774-1371 or send us more information about your case below. Our offices are located conveniently in Philadelphia and licensed to practice throughout Pennsylvania and New Jersey.