Mercer’s Premier DUI Defense Attorney

Being charged with an DUI in Mercer can result in serious penalties, such as hefty fines, jail time, a suspended driver’s license, and the mandatory installation of an ignition interlock device in your vehicle. While some states refer to this offense as DUI, DWI, or “drunk driving,” Pennsylvania law officially calls it Operating a Vehicle Impaired (DUI). To improve your chances of lessening these severe consequences, it is vital to hire a legal representative with a strong track record in these specific cases.

The Logue Law Group is a well-regarded group, both nationally and within the local Mercer community. Media professionals frequently consult our founder, Sean Logue, for his expert opinion on criminal law matters. If you need a skilled Mercer DUI lawyer, our team is ready to assist.

A Distinguished DUI Legal Team in Mercer

If you are arrested for a DUI in Pennsylvania, it is crucial to seek legal counsel right away. At Logue Law Group, we are dedicated to vigorously defending our clients against all types of impaired driving charges in Mercer. Our deep experience covers a wide range of cases, including those where a chemical test was refused and those involving scientific evidence from blood, breath, or urine tests. A Mercer criminal lawyer from our team can guide you.

Our group is prepared to handle your case, whether it is your first DUI charge or you have previous drunk driving convictions. We carefully review every detail of your arrest to build a strong defense strategy. During a free, confidential consultation, we will give you an honest and thorough assessment of your situation.

For dedicated representation from a lawyer who will fight tirelessly for you, contact Logue Law Group at 412.389.0805 to schedule your free consultation today. A top Mercer DUI lawyer is ready to help.

Understanding Pennsylvania’s DUI Laws

While many terms are used to describe driving under the influence, the official legal term in Pennsylvania is ‘Operating a Vehicle Impaired’ (DUI).

You might also hear other related terms, such as:

• Operating a Motor Vehicle Impaired (OMVI)
• Driving Under the Influence (DUI)
• Driving While Impaired (DWI)
• Driving with an unlawful BAC level (DUBAL)

Substances Involved in DUI Cases

According to the Pennsylvania Revised Code § 4511.19, an DUI charge means operating a vehicle with specific levels of alcohol or drugs in your system. These levels are measured through blood, breath, or urine samples and have legally defined limits. A Mercer criminal lawyer can explain these limits in detail.

A variety of controlled substances can lead to an DUI charge, including but not limited to:

• Amphetamines
• Cocaine and its byproducts
• Different forms of heroin
• LSD
• Marijuana
• Phencyclidine (PCP)

Navigating DUI Law in Pennsylvania

Pennsylvania’s DUI laws require drivers to submit to tests that determine their level of impairment. Refusing these tests can lead to separate legal penalties. It is wise to consult a Mercer DUI lawyer to understand your rights.

The law also prDUIdes strict guidelines for handling evidence from these tests:

• The accused must consent to testing within two hours of the incident.
• The test must be conducted within three hours of the alleged offense.
• All procedures must follow health director standards and be performed by certified personnel.

For individuals under 21, the charge is called ‘Operating a Vehicle After Underage Consumption’ (OVUAC). The details in Pennsylvania Revised Code § 4511.19 are complex. To understand how these laws apply to your case, consulting with a Mercer criminal lawyer is highly recommended.

Penalties for DUI in Pennsylvania

In Pennsylvania, driving under the influence (DUI) can lead to severe consequences that affect your freedom and driving privileges. The specific penalties for an DUI or Operating a Vehicle After Underage Consumption (OVUAC) depend on your prior offenses, your blood-alcohol concentration (BAC), and whether you complied with a chemical test requested by law enforcement. Below, we break down the penalties outlined in the Pennsylvania Revised Code § 4511.19.

First DUI within Six Years (BAC 0.08% to <0.17%)

• Classification: First-degree misdemeanor.
• Penalties: A mandatory minimum of three days to six months in jail or a driver’s intervention program (DIP); fines up to $1,075.
• License: Suspension for up to three years.

First DUI with High BAC (≥0.17%) or Test Refusal

• Classification: First-degree misdemeanor.
• Penalties: At least six days in jail (or three days in jail plus a three-day DIP), up to a maximum of six months; fines up to $1,075.
• License: Up to a three-year suspension; mandatory yellow restricted license plates; possible ignition interlock device.
  Hiring a Mercer DUI lawyer can help you navigate these penalties.

First OVUAC within a Year

• Classification: Fourth-degree misdemeanor.
• Penalties: Up to 30 days in jail; fines up to $250.
• License: Suspension for up to two years.

Second OVUAC within One Year

• Classification: Third-degree misdemeanor.
• Penalties: Up to 60 days in jail; fines up to $500.
• License: Suspension for up to five years.

Second DUI within Six Years (BAC 0.08% to <0.17%)

• Classification: First-degree misdemeanor.
• Penalties: At least 10 days in jail (or five days in jail and 18 days of house arrest with monitoring); fines up to $1,625.
• License: Suspension up to five years; mandatory yellow plates; mandatory ignition interlock for alcohol-related offenses; vehicle immobilization for 90 days.
  A Mercer criminal lawyer can provide essential support.

Second DUI with High BAC (≥0.17%) or Test Refusal

• Classification: First-degree misdemeanor.
• Penalties: At least 20 days in jail (or 10 days in jail plus 36 days of house arrest); fines up to $1,625.
• License: Suspension up to five years; mandatory yellow plates and ignition interlock; vehicle immobilization for 90 days.

Third DUI (BAC 0.08% to <0.17%)

• Classification: Unclassified misdemeanor.
• Penalties: At least 30 days in jail (plus 55 days of house arrest if applicable), up to one year; fines up to $2,750.
• License: Suspension up to ten years; mandatory yellow plates and ignition interlock; possible vehicle forfeiture.
  Consulting a Mercer DUI lawyer is critical at this stage.

Third DUI with High BAC (≥0.17%) or Test Refusal

• Classification: Unclassified misdemeanor.
• Penalties: At least 60 days in jail (or 30 days in jail plus 110 days of house arrest); fines up to $2,750.
• License: Suspension up to ten years; mandatory yellow plates and ignition interlock; possible vehicle forfeiture.

Fourth or Fifth DUI within 6-20 Years (BAC 0.08% to <0.17%)

• Classification: Fourth-degree felony.
• Penalties: Mandatory local jail for at least 60 days (up to one year) or prison from 60 days to 30 months; fines up to $10,500.
• License: Possible lifetime revocation; mandatory yellow plates and ignition interlock; possible vehicle forfeiture.
  You’ll need an experienced Mercer criminal lawyer for felony charges.

Fourth or Fifth DUI with High BAC (≥0.17%) or Test Refusal

• Classification: Fourth-degree felony.
• Penalties: Minimum 120 days local jail, or prison from 60 days to 30 months; fines up to $10,500.
• License: Possible lifetime revocation; mandatory yellow plates and ignition interlock; vehicle seizure.

Second Felony DUI (BAC 0.08% to <0.17%)

• Classification: Third-degree felony.
• Penalties: Prison from 60 days to five years; fines up to $10,500.
• License: Possible lifetime revocation; mandatory yellow plates; vehicle forfeiture.
  A skilled Mercer DUI lawyer is your best defense.

Second Felony DUI with High BAC (≥0.17%) or Test Refusal

• Classification: Third-degree felony.
• Penalties: Prison from 60 days to five years; fines up to $10,500.
• License: Permanent revocation; mandatory yellow plates and ignition interlock; vehicle forfeiture.

Understanding these penalties underscores the seriousness of DUI and OVUAC offenses in Pennsylvania.

Defenses to DUI Charges in Mercer County

Facing an DUI charge is stressful, but several common defenses can lead to reduced or dismissed charges in Mercer County. A Mercer criminal lawyer can explore these options:

• Unjustified traffic stop lacking probable cause.
• Failure to read Miranda Rights before a custodial interrogation.
• Improperly administered field sobriety tests or errors in chemical testing.
• Flaws in the strategy or execution of sobriety checkpoints in Mercer, PA.
• False-positive results from a breathalyzer or Intoxilyzer 8000 test.
• Issues with blood testing procedures that compromise result integrity.
• Insufficient evidence to justify the arrest.
• Alternative, non-alcoholic explanations for physical signs of intoxication.
• Procedural errors by law enforcement during the DUI case.
  Each of these defenses could be vital in building a strong case. A lawyer will know how to apply them.

FAQs for DUI in Pennsylvania

How Can I Reduce My DUI Charge in Pennsylvania?

With the help of a knowledgeable attorney from the Logue Law Group, it may be possible to reduce your DUI charge, potentially to a lesser offense like reckless operation. Key factors include:

• It being your first DUI offense.
• A BAC is only slightly above the legal limit.
• Questionable evidence or chemical test results.
• No accident or property damage occurred.
• Your abilities were not significantly impaired.
• A weak case for the prosecution.
  

What are the Jail Time Possibilities for a DUI in Mercer County?

A DUI conviction can result in jail time. The length of the sentence depends on factors like your BAC and prior offenses. A Mercer DUI lawyer can clarify potential outcomes and strategies to reduce or eliminate charges.

Is Dismissal of a DUI Feasible in Mercer?

Yes, dismissing an DUI charge is possible depending on your case’s specifics and your attorney’s defense strategy, which could be procedural or substantive. Potential defenses include:

• Lack of probable cause for the traffic stop.
• No Miranda rights warning.
• Improperly conducted tests.
• Checkpoint flaws.
• Inaccurate breathalyzer or blood test results.
• Law enforcement procedural errors.

Is DUI Expungement Possible in Pennsylvania?

No, Pennsylvania law does not permit the expungement or sealing of a DUI conviction. It remains on your public record permanently.

How long does a DUI stay on a Pennsylvania driving record?

A DUI conviction is a permanent part of your Pennsylvania driving record. However, auto insurers typically look at Driver Abstracts, which usually cover a three-year history.

Is there legal representation available for DUI in Mercer?

Yes. At Logue Law Group, we represent clients facing DUI charges across Mercer County, PA, including related offenses like Driving Under Suspension (DUS) and Reckless Operation. Even if you believe a guilty plea is your only option, a Mercer DUI lawyer from our team may find errors that could lead to reduced charges or a dismissal.

Expertise in DUI Defense with Sean Logue

Sean Logue holds specialized certifications, including in the use of BAC Datamaster Breath Alcohol Testing Instruments, and is an instructor in administering standardized field sobriety tests, sanctioned by the National Highway Traffic Safety Administration. He understands the methods used by local law enforcement and the Mercer County DUI Task Force.

Consultation with Skilled DUI Lawyers in Mercer

To understand your legal options and the specifics of your case, contact the Logue Law Group today. Call us at 412.389.0805 for a free case evaluation with a top Mercer criminal lawyer.