NATIONALLY RECOGNIZED FEDERAL LAWYERS
Bucks County DUI Lawyers
|Last Updated on: 1st September 2023, 12:42 am
A conviction for a DUI could carry significant penalties such as jail time or a fine. It could also make it harder to run a business, hold a job or go to school. If you have been charged with driving under the influence of drugs or alcohol, it is important that you hire an attorney immediately.
A Bucks County DUI Lawyers Could Have Evidence Suppressed
The officer who took you into custody may have believed that you were too impaired to operate a motor vehicle at the time of a traffic stop. However, this doesn’t mean that he or she came to the correct conclusion. It is possible that field sobriety tests were conducted incorrectly. It is also possible that blood, breath or urine tests were conducted improperly or didn’t occur in a timely manner. Suppressing evidence may make it easier to gain leverage for a plea deal or easier to have a case thrown out.
Your Bucks County DUI Lawyer Can Prepare You to Testify at Trial
Defendants have the right to testify at their trials. If you choose to testify at your trial, an attorney may be able to help you prepare for your day on the stand. Legal counsel can coach you on how to sound confident in your answers and how to win over jurors as you speak. In some cases, how jurors perceive you can be the difference between an acquittal and a conviction.
Your attorney may be willing to hire an expert witness to testify at your trial. This type of witness will provide a professional interpretation of evidence used to charge you with drunk or impaired driving. This person could be an expert in how Breathalyzer machines work or what could influence the results of such a test.
What Could a Plea Deal Look Like?
Depending on the circumstances of your case, a prosecutor may decide to offer a plea deal. This could reduce the DUI charge to something less serious such as reckless or negligent driving. Although you may still have to pay a fine or deal with a license suspension, it is unlikely that you would go to jail. Furthermore, you won’t have to disclose the DUI to anyone who conducts a background check in the future.
It is also possible that you will have to agree to go to traffic school or do community service in exchange for a lighter sentence. While anyone could receive a plea deal, they are usually offered to those charged with DUI for the first time. Your attorney can help you analyze the plea deal to determine if it is in your best interest to accept it.
What Happens If You Want a Trial?
If you aren’t happy with the plea deal that you received, it is your right to go to trial. Your attorney is ethically and legally responsible to put forth the best possible defense in the matter. Furthermore, your attorney is not allowed to do anything that may coerce or otherwise unduly influence you to take a plea deal that isn’t deemed to be satisfactory. However, the judge in your case may ask a few questions prior to a trial to ensure that you understand what could happen by rejecting a deal.
What Are the Possible Penalties for a DUI Conviction?
If your blood alcohol content was less than .10 percent, you will receive probation and a fine for your first offense. If your blood alcohol content was above .10, you will receive prison time, a fine and a license suspension of up to a year for a first offense. An ignition interlock device may also need to be installed on your vehicle.
A DUI charge is nothing to take lightly. As soon as you are able, call a Bucks County DUI Lawyer who can create defenses to the charge. Doing so may help you avoid some or all of the potential penalties that could be handed down if convicted.
Driving under the influence in Bucks County can result in huge penalties – especially if it’s not your first offense. It’s important you contact a Bucks County DUI attorney as soon as you face them. You need to do this so you can have an attorney on your team, investigating your case – and developing the strongest defense possible.
If you have ever wondered how your insurance company determines the annual premium that you must pay, then this article is for you. In many ways, your rates are directly tied to your driving record. It is as simple as that, yet it is much more complex than it sounds. The state of Pennsylvania is actually one of the strictest in the country when it comes to tying your driving record to your insurance rates. If you have too many violations on your record, then you can expect to pay higher premiums.How Does This Happen?
As mentioned, your insurance company cares about any violation that is on your record. It learns of these violations because of the point system that Pennsylvania has implemented in order to monitor your driving record. The more points that you end up with, the more likely it is that your insurance company will take notice and raise your rates. This is why you will want to be concerned with your driving record and have a Bucks county dui lawyer fight any tickets that you do end up getting.
It is important to keep in mind that points are only added to your record when you are found guilty of a traffic violation. It is when you end up with six points or more that the insurance companies actually begin to notice and start to take action. This is primarily because the Pennsylvania Department of Transportation will actually notify them that you have exceeded a certain number of points. Once they receive that notification, it is only a matter of time before you discover that your insurance premiums have been raised as a result.
If you are wondering how to get the number of points on your record reduced, it usually involves a Bucks county dui lawyer. You will want to contest any ticket that you receive. This does not guarantee that you get off free and clear. It depends on the nature of the offense and the evidence that is presented. However, your lawyer will fight on your behalf to keep the points to a minimum if at all possible. This will go a long way towards keeping the number of points on your record below that magic threshold.
Bucks County DUI Attorneys
Getting Insurance Coverage in Pennsylvania
You might be in the process of trying to find an insurance policy that comes with a lower premium. Keep in mind that all insurance companies have access to the same driving record. If you have too many points, it will be an uphill battle to find any insurance company that will lower your rates. It does depend on the number of points that you do have on your record and your age, but it will be quite difficult to find coverage without paying a higher price.
Pennsylvania also permits insurance companies to cancel your existing policy if you accumulate too many points. This becomes problematic because it is mandatory to have car insurance in order to drive in this state. That is obviously an issue if you cannot find an insurer to provide you with coverage. While you almost certainly will find such a company to cover you eventually, you can count on paying a much higher price as a result.
Why Is a Bucks county dui lawyer Important?
You might be wondering why you should hire a Bucks county dui lawyer for a simple traffic violation. You are either guilty or you’re not. Well, there are often mitigating circumstances that you might not be aware of. In some cases, a lawyer can get the violation tossed out of court due to a lack of evidence or for some other legal reason. However, this is not possible if you simply go ahead and pay the fine. Doing so will also result in a pre-determined number of points being added to your record.
As soon as you receive a traffic violation, contact our office. We will fight to keep your driving record as clean as it possibly can be. This will have a positive impact on your insurance rates.
You might not be aware of this, but you have had a driving record ever since you first got your driver’s license. In the state of Pennsylvania, it is important to keep your record as clean as possible. This is because of a variety of reasons. To begin, some employment opportunities will only become available to you if you have a clean driving record. Prospective employers will check this and that may very well determine whether or not you are offered the job. In addition, your insurance rates typically depend on that same driving record as well. The cleaner your driving record is, the lower your insurance rates will be.
On top of all of this, a driving record that is less than stellar can eventually result in the Pennsylvania Department of Transportation suspending or revoking your driving privileges. You obviously do not want this to happen. It is important to understand that every traffic violation you receive will result in points being added to your record. The more points that you have, the more negative consequences you are likely to encounter. This is why you will want to have a lawyer on your side to fight any traffic violation that you might receive along the way.
The Point System Explained
It is always advisable to try and drive within the rules of the road at all times. However, even the best of drivers are bound to make a mistake every once and a while. If you happen to make such a mistake in front of a police officer, then the chances are good that you will be issued a citation. If that violation is upheld, you will end up with points being added to your record in addition to a monetary fine. Of course, some violations, such as DUI, come with a possible prison sentence as well.
The number of points added to your record depends on the type of violation that you receive and its severity. Going between six and ten miles per hour over the speed limit, for example, will cost you three points. If you are going 25 miles per hour over the speed limit, you can expect that to increase to five points and face the possible suspension of your license. This is why it is so important to do what you can to keep your driving record clean.
What Happens If You Have Six or More Points On Your Record?
If you have two or three points on your record, you might think that it is no big deal. In fact, many drivers in Pennsylvania face the same prospect. The problem is that having even that number of points on your record places you one citation away from hitting the critical juncture of six points. When that happens, serious consequences will result.
To begin, your insurance company will be notified by the Pennsylvania Department of Transportation that you have six points. At that point, you can count on your rates going up. In addition, the state will require you to take another written driving exam. You must pass this within 30 days or your license will actually be suspended until you can do so. This can be quite problematic if you depend on being able to drive for your livelihood. Needless to say, this all speaks to the importance of keeping your driving record as clean as possible.
Consult With a Lawyer To Help Get Your Record Cleaned Up
In order to maintain a clean driving record, you will want to fight any traffic violation that you receive. This is often difficult to do on your own. You will want to have a lawyer working on your behalf to do everything they can within the law to get the number of points reduced or forgiven altogether. This will keep your insurance rates as low as possible, your license firmly in your pocket, and your employment prospects open.
Your Miranda Rights
The U.S. constitution protect the rights of individuals from unfair and invasive law enforcement activities. Protecting the rights of individuals means making sure that individuals understand their rights when they’re under arrest and charged with a crime. When you’re facing a DUI arrest, the arresting officer has an obligation to make you aware of your rights. Here’s what an officer must tell someone following a DUI arrest:
When you’re arrested, law enforcement must inform you of your rights. Your rights are commonly called your Miranda rights. The name comes from the case Miranda v. Arizona. Law enforcement must inform the arrested person about their rights so that the person can choose how to proceed in the case.
The Fifth Amendment to the U.S. Constitution guarantees a person’s due process rights. That means that the government can’t deprive a person of their liberty without the proper processes and procedures to make sure that the deprivation of their liberty is fair. The Sixth Amendment guarantees that a person has a right to the assistance of an attorney when they’re charged with a crime.
What are your Miranda rights?
The officer must tell you:
- You may stay silent
- It’s your choice to answer questions. You don’t have to answer any questions
- If you ask, you may consult with an attorney before speaking with police
- When you choose to speak to the police, your attorney may accompany you
- If you decide to answer questions without an attorney, you can stop answering questions anytime you want to
When they must tell you about your Miranda rights
Your Miranda rights apply following your DUI arrest. As soon as you’re under arrest, law enforcement must tell you about your rights. They shouldn’t proceed with questioning you about the case until they’ve told you about your rights. However, they don’t need to tell you about your rights until you’re under arrest. They can lawfully ask you questions during the traffic stop without informing you of your rights.
What happens when you exercise your right to a lawyer?
If you tell law enforcement that you want to consult with a lawyer, they must stop questioning you. All of the questions should stop at that point. They can still arrest you and charge you. However, they shouldn’t continue to ask you to answer questions.
Your chemical test rights
When you’re arrested for DUI, law enforcement should also inform you of your chemical test rights. When you operate a motor vehicle in the state, it’s implied that you agree to take a chemical test to measure your alcohol and drug intoxication levels if law enforcement suspects you of drunk driving. The rule of implied consent applies to all drivers in the state.
Following a DUI arrest, the arresting officer must inform you of your chemical test rights. They must tell you about the implied consent rules in place. They must tell you that you have an obligation to take the test. Finally, the officer must tell you that if you refuse to take the chemical test, your driver’s license will be suspended.
The arresting officer should read you these chemical test rights before asking you to take a chemical test. The officer should tell you that the suspension is a summary suspension that applies regardless of whether or not you’re convicted of DUI. You may also lose your right to drive a commercial vehicle.
If you’re under 21 years old
When law enforcement arrests a minor, they must also warn the minor that there are consequences if the test reveals that they have an alcohol content. If a minor takes a chemical test that reveals an alcohol content of any kind, their license is suspended even if they’re not charged or convicted of DUI. A minor should receive this warning from an officer following their DUI arrest.
Instructions for taking a chemical test
When law enforcement asks you to submit to a chemical test, they should tell you how to take the test. They should give you instructions. Law enforcement must tell you this information because they can’t fairly accuse you of failing to properly take the test if they don’t tell you what to do.
What happens if law enforcement doesn’t inform you of your rights?
If law enforcement doesn’t tell you about your rights, the evidence they collect against you may not be admissible. That means that the chemical test results and your statements to law enforcement may not be admissible at trial. It’s up to you to ask the court to suppress the evidence collected unfairly. An experienced DUI lawyer can help you review your case and evaluate whether law enforcement made errors in your case.
When you’re facing a DUI, it’s important to explore every possible way to attack the allegations against you. You may have strong defenses that you may not be aware of until you explore them. Investing the time and energy in your Chicago DUI case may significantly improve the outcome in your case. Here’s just some of the work to be done on your DUI case:
Investigating the validity of the traffic stop
The scrutiny of the case against you should begin right where you came to law enforcement’s attention. The police must have a lawful reason to stop your vehicle to investigate. If law enforcement stops your vehicle without a lawful reason, the entire case against you may be invalid.
To stop your vehicle, law enforcement must need a reasonable suspicion that criminal activity is afoot. They must see you violate a traffic law, or they must have a reason to believe that you may be driving under the influence or over the legal limit. You should carefully review the police report and any video evidence available in order to determine why law enforcement stopped your vehicle. If there isn’t sufficient evidence that law enforcement had a lawful grounds to stop your vehicle, you should bring a motion to the court to suppress the evidence against you.
Reviewing field sobriety tests
If law enforcement asks you to perform field sobriety tests, you should carefully review how the police administered those tests. Standardized field sobriety tests must be performed accurately and precisely if they’re going to produce reliable results. There are three standardized field sobriety tests, but many officers ignore their training and they administer unreliable tests. They may also fail to give you proper instructions for performing field sobriety tests, or they may not know what indicators to look for when they perform the tests.
When you work on your DUI case, you should carefully note these errors in field sobriety testing. Then, you can work with your attorney to question the officer about their errors. Demonstrating where the officer made errors in testing can create doubt about the case against you.
Checking accuracy of testing instruments
When law enforcement performs a chemical test, they have a protocol to follow. The police must perform verification procedures to make sure that their testing instrument is in working condition. They must also follow prescribed rules when they administer a test. They must make sure that you don’t vomit or regurgitate for at least 15 minutes before the test. They should observe you carefully in order to make sure that the test is going to produce accurate results.
If the police don’t follow these protocols, the evidence they obtain by giving the chemical test may not be admissible in court. You may need to bring this to the court’s attention by making a pretrial motion to the court. If the court refuses to allow the police to admit the breathalyzer results, their entire case may fall apart.
Addressing the implied consent violation
When you’re arrested for drunk driving in Chicago, the arresting officer should warn you that state law requires you to take a chemical test. You may have refused to take the chemical test. If a driver refuses to take the chemical test, it may mean an automatic suspension of their driver’s license for one year or more. You can work to contest the suspension, but you must make the request quickly. An attorney can help you determine how to best go about challenging an implied consent suspension in your case.
Consider hiring an expert
Working on your DUI case means taking the appropriate steps to prepare your case for trial. You should review the evidence in your case to determine if an expert witness might help the jury understand the evidence in the case. You may have had an alcohol level that was still rising after your arrest. An expert witness can help the jury understand how that may cause the test results to be inaccurate. There are a number of reasons that an expert witness may help the jury piece together the holes in the state’s case against you.
Determining the best course of action
Working on your DUI case means determining how to arrive at the best possible resolution to the case. There may be good reasons to take your case to trial. It may be best to pursue a plea resolution. If you decide to pursue a plea agreement, you should work with your legal team to determine an appropriate plea and approach the state’s attorney for their approval. If you proceed to trial, you should carefully prepare evidence, testimony and arguments in order to help the jury arrive at a fair and just verdict under the law.
When you’re facing a DUI case, you’re naturally wondering what your options are. You may want to resolve your case as quickly as possible. You may want to take your case to trial in hopes of securing a verdict of not guilty. There are a number of ways that you may conclude your DUI case:
Going to trial
Your first option to conclude your DUI case is to take your case to trial. When you’re charged with a crime, you have the right to a formal trial in front of a jury. You have the option to exercise that right. If you go to trial and the jury returns a verdict of not guilty, the case against you ends.
Going to trial is usually the longest path to resolving your DUI case. Your trial date is typically several months after the offense. However, going to trial may be the best option if you have a viable defense. Your attorney can evaluate your case in order to help you determine if you should take your case to trial.
Reaching a plea resolution
Another option to conclude your DUI case is to reach a plea resolution. You may be able to negotiate with the state’s attorney in order to enter a plea of guilty to a lesser offense. The lesser offense may reduce a felony to a misdemeanor. It may reduce the maximum amount of jail time in your case. You may receive a shorter suspension of your driver’s license and reduced court fines.
To enter a plea, you schedule a hearing in front of the court. Both parties must make the court aware of the specifics of the plea agreement. You must state what makes you guilty of the offense, and you must affirm that you’re pleading guilty voluntarily. If you plead guilty, your case proceeds to your sentencing hearing.
Pleading guilty
Even if the state doesn’t extend a plea agreement, you can conclude your DUI case by entering a guilty plea. You may enter a guilty plea to the charges without any special plea agreement or promise about your sentence. If you enter a plea of guilty, you give up your right to present a defense. It’s usually in your best interests to explore available defenses and plea agreements before you make the decision to plead guilty. An experienced DUI attorney can help you determine the best course of action for your case.
Drug treatments courts
You may be able to resolve your DUI case by agreeing to participate in a drug treatment court. The purpose of drug treatment courts is to give offenders the support that they need to address a drug or alcohol problem. Participation typically means frequent court appearances, intensive monitoring during probation and substance abuse treatment such as counseling. If you’re able to complete drug court successfully, you may receive a significant reduction in the charges against you. The criteria for participation in recovery court can vary from court to court. Your DUI attorney can help you determine if drug court is the best option for you.
Asking the state to dismiss the case
Your DUI case may resolve if the state agrees to dismiss the charges against you. If you have evidence that calls your guilt into question, you might work with your attorney to strategically present this information to the state’s attorney. If the state’s attorney agrees that the evidence calls the case against you into doubt, they might decide not to pursue the charges against you. If the state dismisses the charges, the case ends.
Making a motion to suppress
You may resolve the case by requesting a court order to suppress the evidence against you. If the court agrees that the state didn’t follow proper procedures when they investigated your case, they may not allow the state to admit some of the evidence against you at trial. For example, if police didn’t properly administer the chemical test, the results of the test may not be admissible.
In many cases, winning a motion to suppress the evidence concludes the DUI case. If law enforcement doesn’t have admissible evidence, it may mean they have no choice but to dismiss your case. A successful motion to suppress evidence can conclude your DUI case.
Determining how to resolve your case
When you’re up against a DUI, you have options to resolve your case. Your attorney can help you determine the best option for your case. You have a right to take your case to trial, and that may be the best option for you. Your experienced legal team can help you weigh the pros and cons in your case and make a plan to conclude your DUI case that represents your best interests.