DUI
In February of 2004, the Pennsylvania General Assembly took a dramatic and hard-line stance against driving under the influence with the amendment of the Commonwealth’s DUI statute. With the enactment of Section 3802, Pennsylvania codified one of the harshest DUI statutes in the country. Under the new law, the punishment for operating a vehicle while under the influence is based upon a matrix that not only accounts for the offender’s Blood Alcohol Content (BAC), but also the number of previous DUI convictions within ten (10) years. As such, if you or a loved one is facing a DUI charge in the Commonwealth of Pennsylvania, it is imperative to secure an experienced, knowledgeable and aggressive criminal defense attorney as soon as possible in order to preserve your rights, interests, and liberty. Call Joe D’Andrea.
Sentencing
Sentencing schemes for DUI offenses can be very complicated and always have serious repercussions. The maximum penalties can range from six months (6) of probation up to five (5) years of incarceration depending upon the BAC and the number of prior DUI convictions. Moreover, upon conviction, many of the DUI tiers carry mandatory minimum sentences of incarceration. The mandatory minimum sentences can range from forty-eight (48) hours up to one (1) year depending upon the circumstances.
Finally, upon conviction, almost all DUI offenses also carry mandatory driver license suspensions and ignition interlock installation. Of particular importance, to those individuals who have both a Class C drivers license and a CDL drivers license, is how a DUI conviction can impact each of those licenses. Moreover, when your employment and ability to provide for your family is put in jeopardy due to drivers license suspension, an experienced attorney may be able to help secure an Occupational Limited License (“Bread and Butter License”) from the Department of Transportation. When facing such serious consequences and life-altering repercussions, you should ensure that you are represented by a skilled and knowledgeable criminal defense attorney. If you are faced with such a situation, please call Attorney Joe D’Andrea immediately.
Additionally, when the underlying circumstances dictate, Attorney Joe D’Andrea has extensive knowledge of and experience with problem solving courts and diversionary sentencing programs that are often available to DUI offenders; such as – DUI Treatment Court (“DUI Court”); Accelerated Rehabilitation Disposition Program (“ARD”); CDL License Diversionary Program; Section 18; Intermediate Punishment Program (“IP” or “IPP”); Restrictive Intermediate Punishment Program (“RIP”); and the State Intermediate Punishment Program (“State IP”).
Defenses
When faced with a DUI charge, there may be several ways to successfully defend the case depending upon the underlying factual circumstances. After consulting with the client and making a thorough review of the Criminal Complaint, Affidavit of Probable Cause, Indictment, or Criminal Information; a seasoned and knowledgeable attorney, such as Joe D’Andrea, can determine the best way to defend and proceed with a case. Based upon his meticulous review, preparation, and experience, Joe D’Andrea has made a habit of picking apart “slam dunk” or “air tight” cases as a matter-of-course. As with many things, when defending DUI cases, the devil is always in the details… It takes an experienced and seasoned criminal defense attorney to flush out the factual circumstances of a DUI prosecution, in order to find – factual inconsistencies, suppression issues, procedural defects, insufficient evidence, etc. Moreover, it takes an aggressive and zealous litigator to successfully advocate and defend the rights of the accused. If you or a loved-one are facing a DUI charge, you will want an aggressive criminal defense attorney like Joe D’Andrea by your side.