Pittsburgh DUI Lawyer

Pittsburgh DUI Attorney

Are You Facing DUI Charges In Pennsylvania?

Everyone can make mistakes, but under Pennsylvania law, driving drunk is not usually dismissed without consequences. Whether you are coming home to Polish Hill after time spent out with friends, or are driving along Bigelow Boulevard late at night, when you are pulled over and arrested for a DUI, it is perfectly natural to feel overwhelmed and unsure of where to turn next. Thankfully, a Pittsburgh DUI lawyer is here to defend you against any resulting charges.

In Pennsylvania, even a first-time offender of the state’s drunk driving laws will face steep fines, jail time, license suspension and increased insurance premiums. For repeat offenders, the penalties are even steeper, including mandatory jail time and license suspension of 12 months. For those holding a commercial driver’s license (CDL), a drunk driving charge will almost certainly mean losing your job.

We can work with you to reduce or even dismiss your DUI charges. Louis W. Emmi is a lawyer with over three decades of courtroom experience assisting residents in Pittsburgh and throughout the commonwealth with various criminal issues, including charges of driving under the influence of alcohol. We bring trial knowledge to your case and examine every aspect of the charges against you, working to place you in a favorable position. When necessary, we’ll take your case to court and work to clear your name and protect your rights.

Penalties for a DUI Conviction in Pittsburgh

When you drive under the influence of drugs or alcohol in Pittsburgh, you can expect harsh consequences if convicted. The penalties involved will usually depend on your BAC, or blood alcohol content level, and if you have any prior offenses on your record. You may also face severe penalties if there are any aggravating factors involved in your case, even if it is your first DUI charge. Aggravating factors can include:

• Driving with a revoked license
• Driving with a child present in your vehicle
• Committing multiple DUI offenses within a certain amount of time

The state of Pennsylvania classifies blood alcohol content levels into three categories: general impairment, high BAC, and highest BAC. This typically results in the following penalties if successfully convicted:

• General impairment. If your BAC is anywhere between 0.08% and 0.099%, and this is your first offense, you can expect a misdemeanor charge, which could result in up to 6 months of probation, $300 in legal fines, and mandatory alcohol highway safety school. If it is your second offense, you could have your license suspended for 12 months and spend up to 6 months in jail. For a third offense, you could face two years in prison.
• High BAC. If your blood alcohol content was between 0.10% and 0.159% and this is your first offense, you could face a 12-month license suspension, up to 6 months in prison, and fines totaling between $500 and $5,000. For a second offense, you may face the installation of an IID, mandatory treatment or safety school, prison, and fines. For a third offense, license suspension lasts 18 months, and you may face five years in prison.
• Highest BAC. For this charge, your BAC must be 0.16% or higher, or there must be controlled substances in your system. For a first-time charge, your license can be suspended for 12 months, and your fines could total up to $5,000.

For a second offense, fines are upwards of $10,000, and prison sentences are up to five years. For a third offense, your license can be suspended for 18 months, and you will have an IID installed for one year.

Keep in mind that a successful conviction can also have several personal penalties, including job loss or difficulty securing new employment. In fact, there is a 30% unemployment rate for individuals with a criminal record. You may also find it challenging to maintain healthy relationships with friends and family when you constantly rely on them for rides to work, school, or the grocery store because your driver’s license is suspended.

Protection From The Harsh Penalties Of A DUI Conviction

DUI penalties for each conviction increase in severity, with the main determining factors being your BAC and your history of DUI offenses. In Pennsylvania, a BAC of .08 or higher is the only evidence needed to convict you. This is why it is important to have legal representation at the earliest possible moment following your arrest.

We at Louis W. Emmi Attorney at Law are ready to assist you in any of these circumstances:

BAC .08 to .099

• First offense: Probation, $300 fine, alcohol safety school
• Second offense: Up to six months in jail, one-year license suspension, up to $2,500 fine, alcohol safety school
• Third offense: Up to two years in prison, one-year license suspension, up to $5,000 fine

The court may also require those with second and third offenses to install ignition interlock on their vehicles, and all offenses may result in mandatory alcohol treatment.

BAC .10 to .159

• First offense: Up to six months in prison, one-year license suspension, up to $5,000 fine, alcohol safety school
• Second offense: Thirty days to six months in prison, one-year license suspension, up to $5,000 fine, alcohol safety school, ignition interlock for one year
• Third offense, first-degree misdemeanor: Up to five years in prison, 18-month license suspension, up to $10,000 fine, ignition interlock for one year
• Fourth offense, first-degree misdemeanor: One to five years in prison, 18-month license suspension, up to $10,000 fine, ignition interlock for one year

The penalties for a BAC higher than .159 include steep fines, extended license suspension, and months or years in prison. You may also face court-ordered alcohol treatment and a mandatory ignition interlock at your own expense.

Even with a BAC less than .08, you may receive the most serious penalties if you are involved in an accident where someone is injured, if you drive a commercial vehicle or refuse a chemical test. Our goal is to minimize the harsh consequences of your DUI by seeking to have the charges dismissed. If dismissal is not possible in your circumstances, we will work for reduced charges or any exemptions relevant to your situation.

Do You Qualify For Accelerated Rehabilitative Disposition?

If this is your first offense, depending on your record, you may be eligible for a program in Pennsylvania called accelerated rehabilitative disposition. Your case could be completely dismissed if you meet certain conditions of the program. In most cases, participants are required to complete rehabilitative programs. We can help you determine whether this could be an option for your case.

We Know DUI Checkpoint Laws In Pennsylvania

In Pennsylvania, drunk driving checkpoints are legal, but there are specific laws that dictate how they can work. If you believe you experienced a violation of your personal rights during a DUI checkpoint or you believe your DUI charge is unfounded due to an improperly run checkpoint, we can help.

The Pittsburgh law firm of Louis W. Emmi Attorney at Law knows the law, and we know how to protect your interests after a DUI. We can fight back against unfair treatment at a DUI checkpoint, helping you pursue a beneficial outcome regardless of your criminal history. A DUI is a serious threat to your future and freedom, but our understanding of checkpoint laws can help you build a strong and effective defense.

What You Should Know About Checkpoints?

In Pennsylvania, prosecuting a DUI from a checkpoint requires evidence that the checkpoint was legal. If law enforcement did not adhere to proper procedures when establishing a checkpoint, it is possible to challenge the legality of the traffic stop and the legitimacy of your charges. You may benefit from understanding the following about DUI checkpoints:

• State law requires law enforcement to publicly announce the date of the checkpoint in advance.
• Drivers do have the right to turn away from a checkpoint without pursuit or repercussions, as long as they do so safely and in a normal manner.
• Law allows for the establishment of sobriety checkpoints only in areas where there is a documented problem with drunk drivers.
• Any vehicle stops made during a DUI checkpoint cannot be unreasonably prolonged or include a search of the vehicle occupants.

It is possible to challenge the grounds of the DUI charges against you. Our experienced team will take quick action on your behalf, investigating your situation to determine the best defense strategy for your situation. We understand what is at stake, and we will work diligently to shield you from the negative consequences and keep a DUI off your record.

Do I Need To Hire An Attorney For A DUI Charge?

After a DUI arrest, you may be unsure what to do next. If this is your first offense, you may be tempted to go it alone, take a plea and pay your fine. However, you might change your mind if you understand what may be at stake, even for a first-time DUI conviction. In particular, there are three reasons why an attorney can prove essential when a DUI arrest places your future in question.

The Evidence Against You

Even before police pull you over, there is a good chance they have already decided you are guilty. Everything that happens after that will prove their hunch. Your nervousness may make your hands shake or cause you to stumble over your words. Numerous factors, both physical and environmental, may cause you to fail the field sobriety tests. Even your blood alcohol test may be flawed. We can challenge the evidence and the methods used to collect it.

The Changing Laws

Public safety groups keep pressure on Pennsylvania lawmakers to adjust DUI laws. No one expects you to keep up with these frequent changes. However, at Louis W. Emmi Attorney at Law, it is our business to know the law, and we know it well. You may not be aware of your rights or the serious penalties for the charges you face, but a skilled lawyer has your best interests constantly in mind. We can recognize when your rights have been violated and will work to protect your freedom and future.

The Damaging Consequences

Facing DUI charges without the benefit of an attorney places you at risk of paying high costs, and not just financially. In addition to fines and fees, you face probation, alcohol treatment, license suspension and potential jail time, depending on your BAC and other circumstances. There are also long-term issues that might affect your job, family and other life opportunities. We make it our goal to minimize or even eliminate these serious penalties.

Common Questions About DUI in Pittsburgh

To make the best decisions about how to proceed following a DUI, it is important to have the answers to your questions. Here are some questions people frequently ask after a DUI arrest.

Can I Refuse A Breathalyzer Test?

Pennsylvania’s implied consent law says that by driving in the state, you agree to comply with police requests for a blood alcohol test. Refusing the test is a separate charge, and you will forfeit your driver’s license for one year. However, you may politely refuse field sobriety tests. Your refusal does not mean police will not use other observations against you, including slurred speech.

How Long Will My DUI Case Last?

You will receive court summons soon after your arrest. Every case is different, but a compassionate attorney will guide you through each step.

How Do I Get My License Back?

You will have to complete the requirements for restoration outlined in a letter you receive from the Pennsylvania Department of Transportation. After serving your suspension time, paying your fines and submitting proof of insurance, you may also have to retake your driving test. You may qualify for an occupational license or for ignition interlock.

What Will Happen If I Drive On A Suspended License?

Driving on a suspended license is a serious offense that can lead to a hefty fine or up to 90 days in jail. A conviction for this offense may also add more time to your license suspension.

Will I Lose My Job Because Of A DUI?

If you drive for a living, you will not be able to do so with a suspended license. Even if you have a long commute or use a company car, your license suspension will be a serious hindrance. A lawyer may be able to help you obtain an occupational permit.

My BAC Was .08 Or Higher. Should I Just Plead Guilty?

It is not wise to plead guilty to any charge without a full understanding of your legal options. Much of the evidence against you may be weak at best. Pleading guilty means accepting consequences that may haunt you for years. Louis W. Emmi Attorney at Law has successfully reduced those consequences for many Pittsburgh drivers.

Thorough, Focused Approach To Your Case: Hire a DUI Lawyer Today

We have assisted clients in various situations involving DUI charges, including representing both first-time and repeat offenders, as well as underage and commercial drivers.

Our DUI defense is stringent. During our investigation, we take many factors into consideration, including the circumstances of any failed Breathalyzer tests. We will examine why you were stopped in the first place and determine if the officer had any probable cause to begin with. Beyond that, we will look closely at the details to make sure that the officer handled the stop and investigation by the book. We are detail oriented, and we’ll examine everything to make sure your rights were not violated.

Experienced DUI Defense From A Knowledgeable Attorney

To get in contact with Louis W. Emmi Attorney at Law, and hire a DUI lawyer, call 412-341-8477 or use our online contact form. We’re happy to schedule a meeting via Zoom or FaceTime if we’re unable to meet face to face. We offer free consultations. If you have more questions about DUI charges or DUI checkpoints, please visit our frequently asked questions page.