The Pennsylvania legislature has adopted a “tier” system within the DUI statute. The different subsections in the DUI statute are determined by the substance within your body, the amount of substance within your body, and on the number of DUI convictions within the past 10 years. Click here
to see the penalties for DUI in Pennsylvania.
Being arrested for DUI does not mean that you will be convicted. You may be eligible for entry into a program that allows you to serve a term of probation and earn a dismissal of the charges.
In 2016, in Birchfield v. North Dakota, the United States Supreme Court ruled that a blood draw, incident to a DUI arrest, is a constitutionally protected search subject to the Fourth Amendment warrant requirement. The ruling held that laws that provide for an increased criminal penalty for refusing to provide a blood sample are unconstitutional.
This ruling greatly impacts how District Attorney’s offices are prosecuting DUIs.
Many are willing to drop the charge down to a general impairment and charge the defendant under the lowest tier.
Attorney Dutko is one of the few Reading, Allentown, or Easton DUI attorneys that also formerly worked as a police officer. As a police officer, Attorney Dutko aggressively looked for drivers that were driving while impaired. Attorney Dutko pulled over individuals and participated in sobriety checkpoints. Attorney Dutko conducted field sobriety tests, determined whether the driver was impaired, and initiated charges against defendants. That is the experience you want working for you.
Attorney Dutko fully understands what police look for to develop probable cause to initiate a vehicle stop. The strength of many DUI cases lies in the officer’s ability to establish probable cause for the initial traffic stop. A DUI attorney that is able refute the premise behind the vehicle stop can often get the charges dismissed or reduced during plea negotiations. If you are fighting a DUI Charge in Reading, Allentown, Easton or surrounding Pennsylvania cities and counties, Charles Dutko is the DUI lawyer to call.
Don’t let the police or prosecutor convince you to take a plea and don’t think you can handle your defense alone. Call Dutko Law, LLC and put Attorney Dutko’s DUI experience to work for you.