In Chester County, a DUI conviction means heavy fines, suspension of your driver’s license, and the very real possibility of jail time. You will also have a permanent criminal record. Even a first-time offense can have lasting consequences that affect your personal life, career, and future opportunities.
If you are facing drunk driving charges, the Chester County criminal defense lawyer at McKenzie Law Firm, P.C. may be able to help protect your legal rights and fight for the best possible outcome for your case. From the moment you are charged, having a Chester County DUI lawyer on your side can make a meaningful difference in how your case is handled and resolved. Call today for a consultation and learn more about your options.
Upon conviction for DUI in Chester, penalties may vary. You may face monetary fines, driver’s license suspension, and potentially time behind bars.
Under Pennsylvania’s DUI law (75 Pa. C.S.A. § 3802), you may be charged with driving under the influence if:
The penalties imposed upon conviction depend on several factors, including your blood alcohol content, whether you refused chemical testing, and whether you have prior DUI convictions.
Additionally, Pennsylvania generally classifies DUI offenses into three tiers:
The higher the tier and the more prior DUI convictions you have, the more severe the potential penalties may be. The chart below provides a general overview of Pennsylvania’s DUI penalty structure.
In addition to fines and jail time, many individuals convicted of DUI are required to complete an Alcohol Highway Safety School program, per 75 Pa. C.S.A. § 1549. The program is designed to educate participants about the risks of impaired driving and help reduce the likelihood of future offenses. Depending on the circumstances of your case, the judge may also require you to serve a period of probation or install an ignition interlock device on your vehicle for up to one year or longer, as permitted by 75 Pa. C.S.A. §§ 3805.
More importantly, a DUI conviction remains on your record permanently. It will show up whenever someone runs a background check on you. This can prevent you from getting a job, renting a house, or renting a car. It can also interfere with obtaining or holding many types of professional licenses. The cost of your car insurance may also rise significantly.
If you are facing a DUI conviction, our Chester County DUI attorney can help.
Our DUI attorney in Chester County, PA, can provide the legal representation and guidance you need to protect your rights through every step of the criminal defense process. At McKenzie Law Firm, P.C., we provide legal advice and support tailored to your unique circumstances. Our legal team will explain the charges you face, what they may mean for your future, and the legal options available to you so you can make informed decisions about your case.
Depending on the circumstances of your case, our DUI lawyer in Chester County may:
Every DUI case presents different challenges, and the defense strategy that is most effective depends on the specific facts and evidence involved. Our DUI attorney will carefully review every aspect of your case to determine the strongest approach to your DUI defense.
The prosecution must prove beyond a reasonable doubt that you violated Pennsylvania’s DUI law. Every DUI case is unique, and an effective defense depends on the specific facts and evidence involved. Depending on the circumstances, we may use one or more legal strategies to challenge the prosecution’s case and protect your rights.
In Chester and throughout Chester County, police officers conduct traffic stops and set up DUI checkpoints to find drivers who may be under the influence of alcohol or controlled substances. However, traffic stops and sobriety checkpoints must be conducted properly. Evidence acquired during an unlawful traffic stop is inadmissible during a DUI case.
Criminal defense Attorney David McKenzie knows these and other legal standards inside and out. He understands how to use them to your best advantage. If the police violated your rights in some way, we can use this as a bargaining tool to convince the prosecutor to reduce the charges. We may even be able to persuade the judge to dismiss your case.
If the prosecutor is not willing to negotiate for a lesser charge, our Chester County DUI attorney is uniquely qualified to build a strong case for your defense and fight for you in court.
Unless a law enforcement officer has a reasonable suspicion that you are breaking the law, they cannot legally stop your vehicle. Reasonable suspicion must be based on specific, articulable facts, not simply a hunch or suspicion. For example, an officer may have reasonable suspicion if they observe a driver weaving between lanes, running a stop sign, or committing another traffic violation.
If we can establish that the police lacked reasonable suspicion in your case, the traffic stop may be ruled unlawful, and evidence obtained as a result of that stop may be suppressed. For sobriety checkpoints, we may also be able to show that law enforcement failed to follow the legal procedures governing how checkpoints are planned and conducted. If the checkpoint was not established or operated properly, the evidence obtained during the stop may also be challenged.
Even if the initial traffic stop was lawful, a police officer must have probable cause to believe that you were driving under the influence before making an arrest or requesting certain chemical tests. Officers may attempt to establish probable cause based on their observations, such as:
In Chester County, officers commonly use field sobriety tests as part of their DUI investigation. The National Highway Traffic Safety Administration (NHTSA) has established standardized procedures for administering these tests. If an officer fails to follow those procedures or administers the tests improperly, the reliability of the results may be called into question, and we may be able to challenge the evidence presented against you.
The NHTSA also has regulations that govern alcohol measurement devices for breathalyzer and blood alcohol testing. Police must conduct regular calibration, testing and maintenance schedules. Testing operators must be certified and maintain their certification through continuing education. If we can demonstrate that the law enforcement officer failed to comply with these standards, the chemical test evidence may be challenged in court.
Blood testing can also be unreliable under certain circumstances. For example, blood that is stored too long may ferment, which can increase the measured blood alcohol content. Blood samples may also become contaminated or be improperly collected, handled, or stored, which will affect the accuracy of the test results.
If problems occurred during the testing process, we may be able to challenge the reliability of the evidence presented against you.
The sooner you contact us, the better your chances of protecting your legal rights and pursuing a favorable outcome. The DUI lawyer at our law firm can go to work immediately, gathering evidence, talking to witnesses, reviewing police reports, and identifying the best strategy for your defense.
Early intervention may also allow your attorney to preserve important evidence, identify potential legal issues before they become more difficult to address, and begin building your defense as soon as possible. The sooner you have experienced legal representation, the sooner you can begin preparing for the next steps in your case.
If you have no prior drunk driving convictions, you may qualify for the Chester County Accelerated Rehabilitative Disposition (ARD) program. The ARD program offers many first-time, non-violent offenders the opportunity to complete a pretrial diversion program instead of serving jail time and proceeding through the traditional criminal court process. Eligibility is determined by the Chester County District Attorney’s Office based on the facts of the case and other applicable requirements.
Our attorney can help you determine whether you may qualify for the program and assist you with the application process. If the District Attorney accepts your application, you will appear before the judge and enter a “no contest” plea, at which time the judge will establish the requirements for successfully completing the ARD program.
If you successfully complete the program, you gain many benefits. First, you avoid the stigma that often accompanies a DUI conviction because you do not go through a DUI trial or receive a conviction for the offense. Upon successful completion of the program, the criminal charges against you are dismissed.
Successful completion of the ARD program may also make you eligible to petition the court to expunge the record of your arrest. If the court grants the petition, the arrest generally will not appear on most background checks, making it easier to pursue employment, housing, educational opportunities, and certain professional licenses.
Whenever possible, our goal is to pursue the most favorable outcome based on the facts of your case, whether that involves seeking a dismissal of the charges, negotiating a reduction in the charges, or helping you qualify for the ARD program. We can explain each of your legal options and what they may mean for your future so you can make informed decisions about your case.
Choosing the right DUI attorney can make all the difference in the outcome of your case. You need a DUI lawyer who understands the Chester County court system, knows Pennsylvania DUI law, and will fight to protect your rights every step of the way.
Attorney David McKenzie brings the unique perspective of a former criminal prosecutor, giving him valuable insight into how DUI cases are investigated and prosecuted. Since founding McKenzie Law Firm, P.C. in 2010, he has used that experience to help clients pursue reduced charges, diversionary programs, and other favorable outcomes whenever possible.
When you choose McKenzie Law Firm, P.C., you can expect:
Choosing a DUI attorney is an important decision. By working with McKenzie Law Firm, P.C., you can feel confident that your case will receive the attention, preparation, and dedicated advocacy it deserves.
A DUI conviction can affect your freedom, your driving privileges, and your future, but you do not have to face the criminal justice system alone. Attorney David McKenzie is committed to protecting your rights, explaining your legal options, and providing the experienced representation you need during this challenging time.
Call the McKenzie Law Firm, P.C., today for your consultation and case review. The sooner you contact us, the sooner our DUI lawyer in Chester County, PA, can begin evaluating your case and developing a strategy to pursue the best possible outcome.
