Attorney Michael T. Malarick has over 25 years of experience as a DUI lawyer in Delaware County, PA. Call the Malarick law firm now for a free consultation. As an experienced Delaware County DUI & DWI lawyer in Pennsylvania, I know that the days following a DUI arrest are very stressful. You face uncertainty as to what to do and what will happen. You understand the conviction will greatly affect your life. You may lose your driver’s license, your job, and the possibility of future employment. You may even lose your freedom if sentenced to jail or prison. This is the time to reach out to a DUI attorney.
Michael T. Malarick is an experienced Delaware County DUI attorney in Pennsylvania. The law office of Michael T. Malarick handles DUI and DWI cases in and around Delaware County, Philadelphia, Boothwyn, Upper Darby, Marcus Hook, Aston, Garnet Valley, Upper Chichester, Havertown, Drexel Hill, Springfield and more. Call for a free initial DUI consultation today.
The DUI laws of the Commonwealth of Pennsylvania are very complex. A PA DUI lawyer can assess the offenses with which you have been charged and evaluate your options for trial or ARD.
The preliminary hearing will be your first court date following your arrest. A defense attorney can advise you of the possible benefits of waiving your right to a preliminary hearing or contesting the charges at the hearing depending on your BAC level and number of DWI’s. The preliminary hearing will be held at the magisterial district court where you were arrested.
Delaware County DUI Lawyer
An arrest for a DUI does not mean an automatic conviction. A DUI & DWI attorney can challenge: whether the police had reasonable suspicion to pull you over, whether the police had probable cause for the arrest, whether the police properly read the Miranda and Implied Consent warnings,and whether the breathalyzer was properly performed or the machine properly calibrated.
When arrested on a suspicion of DWI, you may undergo one of three sobriety tests. One is the field sobriety test or road test. The National Highway Traffic Safety Administration (NHTSA) only recognizes three specific road sobriety tests. These are: the one leg stand test, the HGN test (Horizontal Gaze Nystagmus), and the walk and turn. The one leg stand must be performed for 30 seconds. The HGN test ( watching the officer’s finger or pen as it moves side to side) is positive if there is an involuntary eye twitch. The walk and turn test requires nine heel to toe steps up and back. The arresting officer may use the finger to nose test or the alphabet test during a field sobriety test but neither of those tests are recognized by the NHTSA.
Another sobriety test is the blood test or BAC. This test which draws blood should be performed at a hospital by a nurse or phlebotomist.
The third sobriety test is the breathalyzer. The Type A machine must be calibrated yearly. The Type A machine must be accuracy inspected by 5 simulator tests monthly. Finally, the Type A machine must be administered by a certified breath test operator. The Type A machine gives a read out of the driver’s blood alcohol level. The Type B machine takes a sample of the driver’s breath to be analyzed later in a laboratory. The training requirement for a Type A machine is 30 hours while the training requirement for a Type B machine is 6 hours.
An experienced defense attorney can thoroughly assess whether the prosecutor has shown that the driving under the influence arrest, and the equipment used and tests given, has met the appropriate legal standard. If not, a motion to have the evidence suppressed can be filed.
Delaware County, PA DUI & DWI Charges
In 2003, Act 24 enacted a comprehensive DUI statute in the Commonwealth of Pennsylvania which amended the Pennsylvania Crimes Code, Judicial Code, and Vehicle Code.
How a Pennsylvania driver is charged is based on the driver’s blood alcohol level. The lowest level is classified as General Impairment (0.08% to 0.99%). A first offense is an ungraded misdemeanor with up to 6 months probation, $300 fine, alcohol highway safety school, and treatment when ordered. A second conviction is an ungraded misdemeanor with a 12 month license suspension, 5 days to 6 months in jail, $300 to $2,500 fine, alcohol highway safety school, treatment when ordered, and 1 year ignition interlock. A third or more prior conviction is a second degree misdemeanor with 1 year license suspension, 10 days to 2 years in prison, $500 to $5,000 fine, treatment when ordered, and 1 year ignition interlock.
The mid-level blood alcohol reading is classified as High BAC(0.10% to 0.159%). A first offense is an ungraded misdemeanor with 1 year license suspension, 48 hours to 6 months in prison, $500 to $5,000 fine, alcohol highway safety school, and treatment when ordered. A second conviction is an ungraded misdemeanor with 1 year license suspension, 30 days to 6 months in prison, $750 to $5,000 fine, alcohol highway safety school, treatment when ordered,and 1 year ignition interlock. A third offense is a first degree misdemeanor with 18 months license suspension, 90 days to 5 years in prison, $1,500 to $10,000 fine, treatment when ordered, and 1 year ignition interlock. A fourth or more conviction is a first degree misdemeanor with 18 months license suspension, 1 to 5 years in prison, $1,500 to $10,000 fine, treatment when ordered, and 1 year ignition interlock.
The top level blood alcohol reading is classified as Highest BAC (0.16% and up) and controlled substance. The first offense is an ungraded misdemeanor with 1 year license suspension, 72 hours to 6 months in prison, $1,00 to $5,000 fine, alcohol highway school, and treatment when ordered. A second conviction is a first degree misdemeanor with 18 months license suspension, 90 days to 5 years in prison, $1,500 to $10,000 fine, alcohol highway safety school, treatment when ordered, and 1 year ignition interlock. A third offense is a first degree misdemeanor with 18 months license suspension, 1 to 5 years in prison, $2,500 to $10,000 fine, treatment when ordered, and 1 year ignition interlock.
Pursuant to Pennsylvania’s statute, a prior offense is defined as a “conviction, adjudication of delinquency, juvenile consent degree, acceptance of Accelerated Rehabilitative Disposition” before the sentencing on the present violation. A prior offense is factored into a DUI sentence if it occurred within 10 years before the sentencing of the present violation. 75 Pa.CS 3806. This is referred to as the “ten year lookback” rule.
Delco DUI Lawyer
An “adjudication of delinquency” is an underage DUI conviction. In Pennsylvania, a juvenile, or minor under 21 years old, who has a blood alcohol content of 0.02% or higher can be cited for DUI. A juvenile DUI is charged at the mid-level or High BAC tier.
For more information, call our experienced Delaware County DUI attorney for a free initial drunk driving consultation today. Our law office helps the residents of Delaware County, Philadelphia, Upper Darby, Aston and others with drunk driving matters.
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