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610-436-1410
Free Consultation:
610-436-1410Delaware County
DUI charges in Delaware County, PA can negatively impact your future, affecting your career, education, and personal life. A conviction for drinking and driving can also result in a driver’s license suspension, time behind bars, fines, and more.
If you’ve been charged with a DUI in Delaware County, you should contact an experienced DUI defense lawyer immediately. With a record of success in DUI cases in the area, attorney Michael J. Skinner aggressively fights for each of his clients and is ready to help you.
At Skinner Law Firm, we know that pleading guilty to a DUI may not be the best approach for your case. We make every effort to avoid a conviction and license suspension. Call (610) 436-1410 for a free consultation.
Under Pennsylvania law, the legal blood alcohol content (BAC) for drivers is .08. There is a tiered approach toward DUI enforcement and treatment. That means a driver’s BAC and criminal history will affect the charges that they face.
There are three categories of penalties, depending on the accused’s BAC — general impairment, High BAC, and Highest BAC. The penalties for each category get steeper with each subsequent DUI.
A first DUI in Pennsylvania will be charged as an ungraded misdemeanor. If convicted, you will need to install an ignition interlock device in your car. You could have up to six months of probation, a $300 fine, and attend alcohol safety school.
You may be ordered to receive alcohol dependency treatment.
After your first DUI offense, you can expect to start facing harsher consequences.
For instance, a second DUI charge means you still face an ungraded misdemeanor, a yearlong use of an IID, and ordered to get treatment. However, you could be fined up to $2,500 and receive a 12-month license suspension. You will also be given time behind bars — 5 days to 6 months in jail.
For 2 or more DUI offenses, you will be charged with a second-degree misdemeanor. Like other DUI offenses, you could be ordered to install an IID in your vehicle, receive treatment when ordered, and receive a 12-month license suspension.
However, you can now be fined anywhere between $500-5,000 and 10 days to 2 years in prison.
An increased BAC means you were operating a vehicle after consuming a large amount of alcohol, and if you’re charged with a High BAC or Highest BAC DUI, you can expect to face even steeper penalties than you would at a general impairment level.
For example, a first DUI at a High BAC level, which means you were found to have a BAC between .10 to .159, could land you an ungraded misdemeanor, but you’d spend time behind bars, up to $5,000 fines, and a 12-month license suspension.
For each subsequent high BAC, your penalties will just get more and more extreme.
A Delaware County DUI lawyer can explain the nuances that affect DUI charges and sentencing.
Even though it might feel like it, getting arrested for a DUI is not the end of the world. You are innocent until proven guilty and you have the right to a fair trial.
By working with a skilled DUI defense attorney, you can create a strategy to fight against your DUI charges.
Law enforcement must have reasonable suspicion to initiate a traffic stop. If the officer had no valid reason to stop your vehicle, any evidence obtained afterward, including BAC test results, may be inadmissible.
Field sobriety tests can be affected by factors such as adverse weather, uneven pavement, or physical limitations. Disputing the reliability of these tests could weaken the case against you.
Breathalyzers require regular maintenance and calibration, and blood or urine tests must adhere to specific protocols. Equipment or procedural issues can render test results inaccurate or invalid.
Certain health conditions, including diabetes, acid reflux, or ketosis, may interfere with BAC readings or cause symptoms that resemble intoxication. Proving a medical condition may cast doubt on the results or observed behavior.
Strict procedures govern the administration of BAC tests. If the test was not properly conducted—such as failing to observe you for a set period beforehand—the results could be disputed in court.
The “rising BAC” defense argues that your BAC was under the legal limit when you were driving but increased to an illegal level by the time of testing. This can occur if alcohol was still being absorbed, depending on the timing.
Officers need probable cause to make a DUI arrest, which usually involves observing signs of impairment or failed sobriety tests. Without sufficient grounds, any evidence from the arrest may not be admissible.
If your rights were compromised during the arrest—for instance, if you were not read your Miranda rights—any statements made or evidence obtained might be excluded from court proceedings.
If you’ve been charged with drunk driving in Delaware County, you can find resources to help you navigate the legal process.
If you’ve been arrested for DUI in the Delaware County area, it is likely that you dealt with the Upper Providence Township Police Department or the Delaware County Sheriff’s Office.
Upper Providence Township Police Department
935 N. Providence Rd
Media, PA 19063
610-566-8445
Delaware County Sheriff’s Office
Sheriff Jerry L. Sanders, Jr
Courthouse, Room 101
201 W. Front St
Media, PA 19063
610-891-4296
H3: Magisterial District Courts
If you’ve been arrested for a DUI, your first court appearance will be at the magisterial district court of the township or precinct where you were arrested. Delaware County has 27 magisterial courts that handle the preliminary hearings for DUI cases.
After you have been arrested for a DUI in Delaware County, you might be hesitant to spend money on a drinking and driving defense attorney. After all, you are already facing court fees and fines, and you may have been suspended or terminated from work. It might be hard to justify spending money on an attorney.
These are arguments for hiring a defense attorney. You can attempt to fight your DUI charges alone, but with an experienced DUI defense lawyer, you stand a much better chance of getting your charges dropped or reduced. Your attorney may even be able to find a way to get you into a diversionary program that will offer a much more favorable outcome than a trial.
You risk more than just a suspended license or a fine if you are convicted — your future is on the line.
Attorney Michael J. Skinner is a dedicated defense attorney ready to hear your story. He understands how difficult it can be to get arrested for a DUI, and he knows what it takes to get the best outcome possible.
His time as a district attorney provides Mike insight into the prosecutor’s playbook, and he can use his knowledge to investigate your case and build a solid defense.
When you have been charged with a DUI, a lot is on the line. You could go to jail, lose your driver’s license, and even face repercussions in your personal life.
With so much at stake, it’s important to have an experienced West Chester DUI defense attorney on your side who will protect your rights and best interests.
Michael J. Skinner has over a decade of legal experience, and he’s ready to take on your case. He will listen to the facts and help find the most optimal outcome for your situation. Based on the details, this could mean a reduction, keeping your license, getting your DUI dismissed, or proving your innocence in court.
To schedule a free consultation about your DUI, call (610) 436-1410 or fill out our online contact form.