DUI Defense Attorney in York, Pennsylvania

It can be a troubling and embarrassing experience to be arrested on drunk driving charges. And because the potential consequences of a DUI conviction can be so far-reaching, it’s essential that you fully understand the charges and your options for defense. In almost all cases, it will be worth your time and effort to work with a criminal defense lawyer who can look at the specific circumstances of your arrest and advise you on the best path forward. 

For legal help in the York, Pennsylvania area including Lancaster, Harrisburg, or Camp Hill, reach out to us at Korey Leslie, Attorney-At-Law, LLC. 

DUI Charges in Pennsylvania

Any DUI charge should be taken seriously, even if you feel you were falsely arrested or were not impaired at the time of the arrest. In Pennsylvania, a DUI can be issued for driving under the influence of any controlled substance, not just alcohol. However, alcohol-impaired driving is easier to detect by law enforcement if you have a blood alcohol concentration (BAC) of 0.08% or above.  

It’s also worth noting that you don’t actually have to be driving your car to be issued a DUI, though this is counterintuitive for most people. For example, if you pull over on the side of the road because you realize you’re too impaired to be driving but stay in the driver's seat with the keys in the ignition, you can still be charged with a DUI. This is known as being in “actual physical control” of your car because, theoretically, you could easily begin operating your car from your position.  

Sobriety Tests and Your Rights

By law, all drivers agree to an “implied consent” law, meaning they’ve agreed to take a breath or blood test if an officer has a reasonable suspicion they’re driving under the influence. You can refuse to take this test, but there will likely be consequences for this action which can include a 12-month suspension of your license.  

Notably, this implied consent law does not apply to roadside sobriety tests. These include the one-leg stand, the horizontal gaze nystagmus, and the walk-and-turn test. You may refuse to take these tests, but if you do the prosecution will likely try to use this against you in court. Anytime you communicate with law enforcement, but especially if you’re refusing to comply, you should keep your answers short, calm, and polite. 

Possible Penalties

Possible DUI penalties include fines, jail time, and license suspension. However, the specifics of your case and the quality of your defense strategy will affect the actual consequences you see. This could include probation in lieu of jail time or being required to attend a treatment program. Typically, the more DUI convictions you have, the more severe your penalties.  

Ignition Interlock Program

In Pennsylvania, if you’re convicted of a second DUI within ten years, you’ll be required to take part in the Ignition Interlock Program and install an ignition interlock device (IID) in your car. An IID requires the driver to blow into a portable breathalyzer and register their BAC before the car will start. During this time, the driver will also likely have to carry a restricted license which could limit their driving privileges such as where they’re permitted to drive, during what hours of the day they can and can’t drive, and whether they’re permitted to carry passengers in their car.