Frequently Asked Questions About DUIs

Strand Law Offices, LLC • November 14, 2023

In Pennsylvania, driving under the influence (DUI) is a serious offense with far-reaching implications. If convicted, the penalties you will face can vary depending on factors such as your blood alcohol content (BAC) level and any previous convictions.


At Strand Law Offices, LLC, we understand that facing a DUI charge can be a stressful and confusing experience. We believe that understanding the laws and regulations surrounding DUI is essential in navigating the legal process effectively. We're here to help clarify these complexities and provide you with the necessary support and guidance.



If you are facing DUI charges in or around West Chester, Pennsylvania, or in the surrounding counties, reach out to us at Strand Law Offices, LLC for representation. 


Frequently Asked Questions About DUIs

Below, we address some of the most frequently asked questions about DUIs that we encounter in our practice. These have been curated to provide you with immediate answers to common concerns and to help you understand the nuances of DUI cases. Remember, actual outcomes will vary based on specific circumstances. For advice tailored to your unique situation, contact us for a consultation. 


Can I refuse the breath and/or blood test when pulled over on suspicion of DUI?

Yes, you have the right to refuse a breath or blood test when pulled over on suspicion of DUI in Pennsylvania. However, it's important to remember that this refusal can result in the suspension of your driver's license for a certain period. It's advisable to consult with your attorney to fully grasp the potential consequences of refusing a test. 


If I’ve been charged with a DUI, will I go to jail?

The possibility of jail time for a DUI conviction in Pennsylvania depends on various factors, including your number of previous DUI convictions and the specific circumstances of your case. For a first offense, jail time isn't mandatory, but subsequent offenses could lead to imprisonment. We're here to help you understand the potential outcomes based on your specific situation. 


Will I lose my license? How will I get to work?

DUI convictions in Pennsylvania could lead to the suspension of your driver's license. The length of this suspension depends on factors such as your BAC level and previous convictions. We understand that losing your license can significantly impact your ability to commute to work. However, there may be options available, such as obtaining an occupational limited license, which allows you to drive to and from work during the suspension period. We can help you explore these options. 


What should I expect during the hearing?

During a DUI hearing in Pennsylvania, various aspects of your case will be evaluated, including evidence, witness testimonies, and legal arguments. The prosecution will present their case, and your defense attorney will challenge the evidence and present your defense. You can count on us to ensure you're prepared and effectively represented during the hearing. 


Is it worth it to fight a DUI?

Fighting a DUI charge can be beneficial to retaining your freedom and avoiding harsh penalties. There may be potential defenses or weaknesses in the prosecution's evidence that we can exploit. Our team can assess the details of your case and advise you on the best way to fight your charges. We can help in getting the charges dismissed or reduced, which is undoubtedly worth the time and effort given the long-lasting consequences of a conviction. 


Are there any ways to reduce my sentence?

In some cases, it may be possible to negotiate a reduced sentence for a DUI conviction through plea bargaining or exploring alternative sentencing options like participation in a treatment program. We are experienced in advocating for our clients' best interests and will tirelessly explore potential avenues for sentence reduction. 


Is hiring an attorney necessary?

While you can navigate the DUI process without an attorney, we highly recommend having one by your side. A DUI lawyer will have the knowledge and experience necessary to handle these cases, provide valuable guidance, protect your rights, and help you navigate the complex legal system.


How Our DUI Attorney Can Help You

At Strand Law Offices, LLC, our attorney can provide invaluable assistance throughout the DUI process. We'll diligently assess the details of your case, gather and analyze evidence, challenge the prosecution's evidence, negotiate with the prosecution, and represent you in court. We can also guide you on potential defenses, explore options for sentence reduction, and protect your rights throughout the legal proceedings. 


Don’t Risk Your Future. Call Now.

If you're facing DUI charges in Pennsylvania, it's crucial to seek legal representation from an experienced attorney. At Strand Law Offices, LLC, we're committed to guiding you through the legal process, protecting your rights, and working towards achieving the best possible outcome for your case. We encourage you to contact us today to discuss your situation and receive personalized legal advice. 

A scale of justice is sitting on a wooden table next to a gavel.

How Are Felonies Classified in Pennsylvania?

December 2, 2024
How Are Felonies Classified in Pennsylvania?
A scale of justice is sitting on a wooden table next to a gavel.

What is the Difference Between Assault and Battery in Pennsylvania?

October 29, 2024
What is the Difference Between Assault and Battery in Pennsylvania?
A police officer is standing in front of a crowd of people.

Understanding Theft Penalties in Pennsylvania

September 24, 2024
Understanding Theft Penalties in Pennsylvania
A scale of justice is sitting on a wooden table next to a gavel.

Understanding the Consequences of a Second Pennsylvania DUI

June 25, 2024
Understanding the Consequences of a Second Pennsylvania DUI
A pair of handcuffs and a judge 's gavel on a table.

When to Hire a Manslaughter Defense Attorney in Pennsylvania

April 23, 2024
Facing manslaughter charges can be a terrifying experience, especially if you are unsure of your rights and legal options. If you find yourself in this situation in Pennsylvania, it is crucial to understand when it is time to hire a manslaughter defense attorney. In this blog post, we will discuss the circumstances under which you should seek legal representation to ensure the best possible outcome for your case. The first indication that you may need to hire a manslaughter defense attorney is if you have been arrested or charged with manslaughter. Whether you are facing involuntary manslaughter, voluntary manslaughter, or vehicular manslaughter charges, having an experienced attorney by your side can make all the difference in how your case unfolds. A skilled defense attorney will be able to review the details of your case, assess the evidence against you, and develop a strong defense strategy to protect your rights and interests. Additionally, if you are being investigated for manslaughter but have not yet been charged, it is still advisable to consult with a defense attorney as soon as possible. This early intervention can help prevent any missteps that could potentially incriminate you and ensure that your rights are protected throughout the investigation process. Your attorney can advise you on how to interact with law enforcement and provide guidance on what information to disclose or withhold. Another reason to consider hiring a manslaughter defense attorney is if you believe that you may be wrongly accused or if there are mitigating circumstances surrounding the incident. A knowledgeable attorney can conduct their own investigation into the case, gather evidence, interview witnesses, and present compelling arguments in court on your behalf. By having an advocate who is dedicated to defending your innocence or minimizing the charges against you, you stand a better chance of achieving a favorable outcome. Furthermore, if you have prior criminal convictions or if the charges against you carry severe penalties such as lengthy prison sentences or hefty fines, it is essential to have legal representation from a qualified manslaughter defense attorney. They will be well-versed in Pennsylvania's criminal laws and sentencing guidelines and can work tirelessly to negotiate plea deals or secure alternative sentencing options that may lessen the impact of the charges on your life. Knowing when to hire a manslaughter defense attorney in Pennsylvania can significantly impact the outcome of your case. Whether you have been charged with manslaughter, are under investigation for such charges, believe there are mitigating circumstances at play, or face severe penalties if convicted – seeking legal representation early on is crucial. An experienced attorney will fight for your rights and work towards achieving the best possible resolution for your case. Remember that when facing serious criminal charges like manslaughter, having a dedicated advocate in your corner can provide much-needed support during this challenging time. Don't hesitate to reach out to us for legal assistance – it could make all the difference in securing a positive outcome for your future.
Understanding Misdemeanors

Understanding Misdemeanors in Pennsylvania

March 27, 2024
Understanding Misdemeanors in Pennsylvania
A police car with blue lights on top of it.

The Pennsylvania DUI Dilemma: Roadside Tests or the Breathalyzer?

February 23, 2024
The Pennsylvania DUI Dilemma: Roadside Tests or the Breathalyzer?
A judge is holding a wooden gavel on a wooden table.

Understanding the Differences between Domestic Battery and Domestic Violence

January 17, 2024
Understanding the Differences between Domestic Battery and Domestic Violence
A man in a white shirt and tie is talking to a police officer.

Understanding DUI Tests

By Strand Law Offices, LLC • December 11, 2023
According to the Pennsylvania Department of Transportation, in 2022, there were 42,409 driving under the influence (DUI) arrests. Facing a DUI charge can be an incredibly overwhelming experience. We understand how stressful it is to navigate through the complexities of the legal process, especially when you're unsure of your rights regarding DUI tests. It's natural to feel anxious and uncertain about what comes next. With us by your side, you're not alone.  At Strand Law Offices, LLC, we are committed to offering you more than just legal advice. Located in West Chester, Pennsylvania, we serve clients throughout Lancaster County and its surrounding areas. Our team , experienced in DUI law, provides comprehensive legal services that not only address your immediate concerns but also equip you with the knowledge you need to make informed decisions about your case. Understanding Implied Consent in Pennsylvania In Pennsylvania, the concept of implied consent plays a crucial role in DUI cases. Simply put, if you hold a driver's license in this state, you've implicitly agreed to submit to one or more tests of your breath or blood if law enforcement has reasonable suspicion you're driving under the influence. This means that if you're pulled over, you are legally obligated to comply with a blood alcohol test. However, understanding this law can be complex, and it's where our knowledge comes into play. We can help clarify any confusion and help protect your rights during this process. Blood Alcohol Test vs. Sobriety Test It's important to distinguish between a blood alcohol test and a sobriety test. While they may seem similar, they serve different purposes and have different implications. A blood alcohol test measures the concentration of alcohol in your blood, providing concrete evidence of your intoxication level. This test is mandatory under Pennsylvania's implied consent law. On the other hand, sobriety tests are not compulsory and often don’t accurately reflect whether someone is sober. These tests assess your physical coordination and mental acuity, but they are subjective and can be influenced by various factors. Types of Sobriety Tests There are several types of sobriety tests that law enforcement may administer during a DUI stop. Here's an overview of each one: Horizontal Gaze Nystagmus (HGN) Test: An officer will ask you to follow a moving object, like a pen or flashlight, with just your eyes. The officer is checking for involuntary jerking of the eye, which can be exaggerated by alcohol impairment. Walk-and-Turn Test: This test asks you to take nine heel-to-toe steps along a straight line, turn on one foot, and then return in the same manner. Officers are looking for signs such as inability to balance, wrong number of steps, or starting before the instructions are finished. One-Leg Stand Test: You'll be asked to stand with one foot approximately six inches off the ground and count aloud until the officer tells you to put your foot down. The officer is watching for swaying, hopping, or using arms to balance, which can indicate impairment. Finger-to-Nose Test: In this test, you'll be asked to close your eyes, tilt your head back slightly, and touch the tip of your nose with your finger. It assesses your physical coordination. Romberg Balance Test: You'll be asked to stand upright, feet together, and lean your head back while keeping your eyes closed. The officer will look for signs of swaying or imbalance. Counting Test: This test asks you to count forward or backward in certain increments. It checks cognitive function and attention span. Alphabet Test: As the name suggests, you'll be asked to say the alphabet forwards or backward. It's another way to check cognitive function. Remember, while these tests can be stressful, you have rights during a DUI stop. An experienced criminal defense attorney can gladly help you understand your rights. Consequences of Refusal Refusing to submit to a sobriety or blood alcohol test can lead to serious consequences. These include: Civil and Criminal Consequences: Refusing a chemical test can lead to both civil and criminal penalties. It's not just about fines; there are also potential repercussions on your driving privileges and criminal record. Implied Consent Law: Pennsylvania's law states that by driving here, you've implicitly agreed to a breath or blood test if legally detained for suspected DUI. If you refuse, the officer can still get a search warrant for a blood sample. License Suspension: If you refuse a chemical test, the Department of Transportation (DOT) will impose a 12-month license suspension, which runs consecutively with any other suspensions. If you have a prior refusal suspension, a prior DUI conviction, or any similar prior offense, the suspension period extends to 18 months. Right to Contest: You have the right to contest the suspension by requesting a hearing. This is a critical step where professional legal representation can make a significant difference. Ignition Interlock Device (IID): Offenders must install and maintain an IID for one year before license reinstatement. This device requires a breath sample before the vehicle can start. Reinstatement Fees: The fees for refusing a chemical test are steep. They start at $500 for a first offense, rise to $1,000 for a second offense, and hit $2,000 for a third offense. Additional Penalties: While refusing a lawful breath test isn't a crime, it can result in additional penalties if convicted of DUI. These can include higher fines, jail time, and driver's license penalties. Admissible in Court: Your refusal to take a test can be used in court and considered when deciding guilt. Remember, the consequences of a DUI conviction and implied consent violation in Pennsylvania are serious. But you're not alone in this journey. We're here to provide the legal support you need, every step of the way. If you're looking for a skilled criminal defense attorney in West Chester, Pennsylvania, reach out to our firm today to meet with us. Strong & Reliable Legal Guidance When dealing with DUI charges and tests, it's crucial to have reliable legal guidance. Our experienced DUI attorneys understand Pennsylvania's DUI laws inside and out. We provide the support and representation you need, thoroughly analyzing your case, challenging the validity of tests conducted, and working tirelessly to protect your rights. We aim to achieve the best possible outcome for your situation. We're not just your attorneys; we're your advocates, dedicated to standing with you every step of the way. Trust us to guide you through this challenging time with the strength and reliability that Strand Law Offices, LLC is known for.
A judge is writing on a piece of paper next to a gavel.

What to Expect During Sentencing

By Strand Law Offices, LLC • October 20, 2023
Statistics from the Pennsylvania Uniform Crime Reporting (UCR) system indicate that there were 355,138 total arrests statewide in 2018. Of these, there were 66,149 arrests for property crimes, 136,209 for drug law violations, and 64,915 arrests for violent crimes. After any kind of criminal arrest, the accused person must navigate the Pennsylvania criminal justice system.  If you're found guilty during a criminal trial or if you plead guilty, you may be sentenced immediately or at a sentencing hearing. It’s important not to navigate any part of this process alone. A knowledgeable Pennsylvania criminal defense attorney can enlighten you about what to expect during sentencing and advocate for your best interests. At Strand Law Offices, LLC, we're committed to offering comprehensive guidance and skilled representation to clients in their criminal cases. Our attorney can prepare you for the sentencing hearing, fight vigorously for your rights, and explore the possibility of an alternative sentencing. We're proud to serve clients across West Chester and Lancaster County, Pennsylvania. Set up a consultation today. What Is a ‘Sentence’? A sentence can be described as a term of imprisonment, penalty, or legal punishment imposed on a convicted defendant by a judge for breaking the law or committing a crime. Defendants who plead guilty or no contest will receive a sentence for the crime committed. In the Commonwealth of Pennsylvania, convicted offenders will receive a sentence for their criminal wrongdoing at the sentencing hearing . When Does Sentencing Occur? The sentencing typically happens in the same courtroom or courthouse where the trial occurred. Defendants who have pleaded guilty and accepted a plea deal may be sentenced immediately, depending on the sentence agreed with the prosecutor. Keep in mind that if the offender was found guilty or convicted at trial, the sentencing hearing may be scheduled at a later date. Depending on the surrounding circumstances of the case, sentencing could occur several weeks after the conviction. What Happens During Sentencing? Each criminal case is unique, and what will happen during sentencing depends on the nature and surrounding circumstances of the crime. If you're preparing for a sentencing hearing, here's what you may expect: Review Pre-Sentence Report: At the sentencing hearing, the presiding judge will review the pre-sentence report (PSR) provided by the court's probation department. The PSR involves a summary of the crime and the personal, family, education, criminal, and employment history of the defendant. This will help the judge determine a fair and appropriate sentence. Review the Case Details: In addition, the judge will evaluate all of the facts of the case. This will help the judge determine the length, disposition, and nature of the sentence, according to applicable state laws and sentencing requirements. However, the judge may not go below the mandatory minimums or above the maximums, if any. Hear from Both Attorneys: The judge will listen to arguments from both the prosecution attorney and defense counsel. The attorneys can present additional evidence and make arguments to plead their case and request a harsher or lesser punishment. Hear from the Victim: The judge will also ask if the victim wants to speak. The victim or their family members will be allowed to give testimony or make statements against the defendant. Hear from the Defendant: Similarly, the judge will allow the defendant to speak. This may be one last opportunity to plead your case and hope for a reduced penalty. Consider Sentencing Alternatives: Depending on the nature of the crime and other factors, the judge may consider other alternatives to jail for the defendant. These could include alcohol or drug abuse treatment programs, house arrest, probation, and community service. Issue a Sentence: Finally, the judge will issue a sentence for the convicted defendant based on the applicable state laws and sentencing guidelines. In most cases, a first-time offender will probably receive a lesser sentence, while a habitual offender might be punished harshly. A dedicated criminal defense lawyer can represent you intelligently at the sentencing hearing and help you achieve the best available outcome for your unique situation. How Exactly Is the Sentence Determined? To issue a fitting sentence, the judge may take the following factors into consideration: The defendant's criminal record or history The severity, seriousness, or gravity score of the crime The character of the offender and the support system available to them The offender's career and involvement within their community The defendant's actions and behavior during pretrial release or while awaiting trial Any court-related programs completed by the offender Generally, the judge will sentence the defendant based on their discretion—while considering the necessary factors, of course. Regardless, the judge may not go below the mandatory minimum punishments or above the mandatory maximum punishments required for the offense in question. You Deserve Strong Representation Getting effective representation during sentencing is crucial to achieving a path forward. At Strand Law Offices, LLC, we have the diligence and skill to defend and represent convicted defendants during the sentencing hearing. As your legal counsel, we can help present factual evidence to plead your case and uphold your rights. Contact us at Strand Law Offices, LLC, today to schedule a simple case evaluation with a criminal defense lawyer. Our attorney can offer you the support you need during sentencing. We proudly serve clients across West Chester and Lancaster County, Pennsylvania.
More Posts
Share by: