DUI 1st Offense Defense Attorneys Serving Kennett Square, Oxford, & West Chester, Pennsylvania

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Facing a DUI 1st Offense charge can be an overwhelming and life-altering experience. At Sheridan Lawyers, our experienced criminal defense team specializes in defending clients against DUI 1st Offense charges in Kennett Square, Oxford, and West Chester, Pennsylvania. We understand the complexities of DUI laws and are committed to protecting your rights and achieving the best possible outcome for your case.

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Understanding DUI 1st Offense Charges in Pennsylvania

Pennsylvania classifies DUI offenses into three tiers based on blood alcohol concentration (BAC). Each tier carries specific penalties, including jail time, probation, fines, and driver's license suspension. Here’s an overview of each tier for a 1st Offense DUI:

 

Tier 1 DUI: General Impairment (BAC 0.08% to 0.099%)

Penalties for Tier 1 DUI

• Mandatory Minimum Jail Sentence: No jail time

• Probation/Parole: Up to six months

• Fine: $300

• Driver's License Suspension: No suspension

 

Tier 2 DUI: High BAC (BAC 0.10% to 0.159%)

Penalties for Tier 2 DUI

• Mandatory Minimum Jail Sentence: 48 hours to six months

• Probation/Parole: Up to six months

• Fine: $500 to $5,000

• Driver's License Suspension: 12 months

 

Tier 3 DUI: Highest BAC (BAC 0.16% and above) or Controlled Substances

Penalties for Tier 3 DUI

• Mandatory Minimum Jail Sentence: 72 hours to six months

• Probation/Parole: Up to six months

• Fine: $1,000 to $5,000

• Driver's License Suspension: 12 months

 

Accelerated Rehabilitative Disposition (ARD) Program

What is the ARD Program?

The ARD Program is a pretrial intervention program designed for first-time, non-violent offenders. Successful completion of the ARD Program can result in the expungement of the DUI charges from your record, providing a fresh start without the stigma of a criminal conviction.

 

The ARD Program Process

• Application: Our attorneys will help you apply for the ARD Program, ensuring all necessary paperwork is completed accurately and submitted on time.

• Assessment: You may be required to undergo a drug and alcohol assessment to determine eligibility.

• Supervision: If accepted, you will be placed under probation-like supervision, which may include community service, alcohol education classes, and regular check-ins with a probation officer.

• Completion: Upon successful completion of the ARD Program, your DUI charges will be dismissed, and you may be eligible to have your record expunged.

 

Pennsylvania’s Zero Tolerance Law for Juveniles​

What is the Zero Tolerance Law?

Pennsylvania's Zero Tolerance Law applies to drivers under the age of 21 who are found to have a BAC of 0.02% or higher. This strict standard reflects the state's commitment to reducing underage drinking and driving.

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Penalties for Juveniles Under the Zero Tolerance Law

Juveniles charged with DUI under the Zero Tolerance Law face severe penalties, including license suspension, fines, and possible jail time. Our attorneys will fight to protect the rights of juveniles and work to minimize the impact of these charges on their future.

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Standardized Field Sobriety Tests

Walk and Turn Test

The Walk and Turn Test requires you to take nine heel-to-toe steps along a straight line, turn on one foot, and return in the same manner. This test assesses your ability to follow instructions and maintain balance.

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One Leg Stand Test

The One Leg Stand Test requires you to stand on one leg while lifting the other leg approximately six inches off the ground. You must keep your foot parallel to the ground and count aloud until instructed to stop.

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Horizontal Gaze Nystagmus Test

The Horizontal Gaze Nystagmus (HGN) Test involves following an object, such as a pen or flashlight, with your eyes. The officer looks for involuntary jerking movements of the eyes, which can indicate impairment.

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Driver's License Suspension for Refusal of Chemical Testing

What Constitutes a Refusal?

Refusal to submit to chemical testing of your breath or blood when requested by law enforcement can result in severe consequences. Refusal includes explicitly saying "no," failing to comply with instructions, or any behavior that prevents the test from being conducted.

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Penalties for Refusal

• Immediate License Suspension: 12 months for the first refusal

• Additional Penalties: May include fines and increased insurance premiums

 

Legal Arguments Based on Refusal

The District Attorney (DA) may argue that your refusal to submit to chemical testing indicates consciousness of guilt. Our attorneys will challenge this argument by examining the circumstances surrounding the refusal and presenting evidence that may justify your actions.

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Filing a Motion to Suppress Evidence

Protecting Your 4th Amendment Rights

One of the most effective defenses in DUI cases is filing a motion to suppress evidence. This motion argues that the evidence obtained by law enforcement should be excluded because it was collected in violation of your 4th Amendment right against unreasonable search and seizure. If the police conducted an illegal search without a warrant, probable cause, or consent, any evidence they found may be inadmissible in court.

 

Challenging Illegal Searches and Seizures

Our attorneys will meticulously review the details of your arrest and the search that led to the discovery of the evidence. We will challenge the legality of the police actions and argue that your 4th Amendment rights were violated. If successful, this can result in the suppression of key evidence, significantly weakening the prosecution's case and potentially leading to the dismissal of charges.

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Why Choose Sheridan Lawyers for Your DUI 1st Offense Defense?

Proven Track Record

Our attorneys have a proven track record of successfully defending clients against DUI 1st Offense charges in Kennett Square and West Chester, Pennsylvania. We have the knowledge and expertise to navigate the complexities of DUI law and achieve the best possible outcome for our clients.

 

Personalized Defense Strategy

We understand that every case is unique, and we take the time to understand your specific situation and goals. We develop personalized defense strategies tailored to the details of your case, ensuring the strongest possible defense.

 

Aggressive Representation

Our attorneys are known for their aggressive representation and unwavering commitment to protecting our clients’ rights. We will challenge the evidence against you, cross-examine witnesses, and explore every possible defense to secure a favorable outcome.

 

Compassionate Support

Facing a DUI 1st Offense charge can be a stressful and overwhelming experience. Our team is here to provide compassionate support and guidance throughout the entire process. We are dedicated to helping you navigate this challenging time and will be by your side every step of the way.

 

Contact Sheridan Lawyers for a Free Consultation

If you are facing a DUI 1st Offense charge in Pennsylvania, don’t wait to get the help you need. Contact Sheridan Lawyers today to schedule a free consultation with one of our experienced DUI defense attorneys. We are here to protect your rights and fight for your future.

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Our comprehensive and detailed approach ensures that you are well-informed and well-represented at every stage of your DUI case. Trust Sheridan Lawyers to stand by your side and provide the skilled defense you deserve. Call 484-653-0774.