Lancaster County

DUI Attorney

DUI charges in Lancaster 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 Lancaster, 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.

What Are the Penalties for a DUI in Pennsylvania?

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.

Penalties for General Impairment

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.

Second DUI Offenses in PA

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.

Penalties for Three or More DUI Offenses

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.

Are Penalties Higher for Higher BACs?

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 Lancaster County DUI lawyer can explain the nuances that affect DUI charges and sentencing.

What Defenses Can I Use Against a Lancaster County DUI?

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.

You Were Stopped Illegally

Police are required to have reasonable grounds for stopping a vehicle. If they lacked justification, any evidence collected during the stop, like BAC readings, may be thrown out.

Law Enforcement Conducted Inaccurate Field Sobriety Tests

Various factors, such as adverse weather or physical limitations, can make field sobriety tests unreliable. Questioning these tests can diminish the evidence presented against you.

The Breathalyzer or Chemical Testing Produced Faulty Results

Breathalyzers and chemical tests must be properly calibrated and follow strict guidelines. Issues with maintenance or procedure can render these tests inaccurate and potentially void.

Medical Conditions Affected BAC Results

Certain medical conditions, like diabetes or acid reflux, can interfere with BAC readings or cause symptoms that mimic intoxication. Proving a condition could challenge the test results or observations made.

The BAC Test Was Administered Improperly

Law enforcement is required to follow set protocols when administering BAC tests. If these procedures weren’t followed, such as failing to observe a waiting period, the results could be legally challenged.

A “Rising” BAC Skewed Your Results

The “rising BAC” defense implies your BAC was within legal limits while driving but elevated by the time of testing due to ongoing alcohol absorption. The delay between driving and testing can be significant in this defense.

Police Lacked Probable Cause

An officer must have probable cause, usually through noticeable signs of impairment, to justify a DUI arrest. Lacking this basis, any evidence gathered may be deemed inadmissible.

Your Rights Were Violated

If the arresting officers failed to honor your rights, such as omitting a Miranda warning, any statements made or evidence obtained could be suppressed in court.

Lancaster County DUI Resources

If you’ve been charged with drunk driving in Lancaster County, you can find resources to help you navigate the legal process.

Local Law Enforcement Contacts

If you’ve been arrested for DUI in the Lancaster County area, it is likely that you dealt with the City of Lancaster Bureau of Police or the Lancaster County Sheriff’s Office.

City of Lancaster Bureau of Police
39 West Chestnut Street
Lancaster, PA 17603
717-735-3300

Lancaster County Sheriff’s Office
Sheriff Christopher Leppler
50 N. Duke Street
P.O. Box 843480
Lancaster, PA 17608
717-299-8200

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. Lancaster County has several magisterial courts that handle the preliminary hearings for DUI cases.

Should I Hire a Local DUI Defense Attorney?

After you have been arrested for a DUI in Lancaster 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.

Why You Need Attorney Michael J. Skinner for Your DUI Defense

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.

Call a Lancaster County Defense Attorney Now

When you have been charged with drunk driving, 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.