DUI Attorney in Mercer, Pennsylvania

When it comes to the offense of driving under the influence, you might hear a variety of acronyms thrown around. While people often use terms interchangeably, the most accurate legal term in our state is Operating a Vehicle Impaired, or DUI. If you live or drive in Pennsylvania, you have likely heard this offense referred to by several other names, including:

• Driving under the influence (DUI)
• Driving while impaired (DWI)
• Operating a Motor Vehicle Impaired (OMVI)
• Driving with an Unlawful BAC Level (DUBAL)

There is also a specific designation for drivers under the legal drinking age of 21. If a minor is involved in an incident while intoxicated, the charge is known as Operating a Vehicle After Underage Consumption (OVUAC).

Regardless of the specific acronym used, the repercussions of a DUI or OVUAC conviction are severe and life-altering. If convicted, you could face hefty fines, mandatory jail time, license suspension, and the forced installation of an ignition interlock device in your car. If you find yourself facing these charges in the area, it is crucial to seek professional legal counsel immediately. At Logue Law Group, our team is dedicated to analyzing every detail of your situation to build a robust defense.

Penalties for DWI in Pennsylvania

In Pennsylvania, the severity of a DWI charge generally depends on three specific factors:

1. Whether the individual has prior offenses.
2. The driver’s Blood Alcohol Concentration (BAC) level.
3. Whether the driver refused to submit to chemical testing.

Under the Pennsylvania Revised Code § 4511.19, the penalties can be steep if you do not have a qualified legal defense protecting your rights. A skilled Mercer DUI lawyer can help navigate these complex statutes to potentially minimize the impact on your life.

Here is a breakdown of the potential penalties you might face without proper representation:

• First DUI in Six Years (BAC 0.08 to <0.17): Classified as a first-degree misdemeanor. Penalties include a minimum of three days in jail or participation in a Driver Intervention Program (DIP), up to six months of incarceration, fines up to $1,075, and a license suspension lasting up to three years.
• First DUI in Six Years (BAC >0.17 or Test Refusal): Also a first-degree misdemeanor but with harsher terms. Mandatory minimums include six days in jail or three days in jail plus three days in DIP. Fines remain up to $1,075 with a license suspension of up to three years. You may be required to use yellow restricted license plates and must install an ignition interlock device to avoid jail time.
• First OVUAC in One Year: A fourth-degree misdemeanor. Consequences include up to 30 days in jail, fines up to $250, and a license suspension for up to two years.
• Second OVUAC in One Year: Escalates to a third-degree misdemeanor. This carries up to 60 days in jail, a $500 fine, and a license suspension of up to five years. By consulting a Mercer criminal lawyer, you can better understand how to challenge these specific charges.

For repeat offenses, the penalties increase significantly:

• Second DUI in Six Years (Refusal or High BAC >0.17): A first-degree misdemeanor resulting in a minimum of 20 days in jail (or 10 days jail plus 36 days of House Arrest with Electronic Monitoring – HAEM). You face up to six months imprisonment, fines up to $1,625, a five-year license suspension, mandatory yellow plates, and a 90-day driving ban. An ignition interlock device is compulsory for alcohol-related charges.
• Third DWI in Six Years (BAC 0.08 to <0.17): An unclassified misdemeanor. Penalties include a minimum of 30 days in jail (or 15 days jail plus 55 days house arrest/HAEM). Maximum imprisonment is one year. Fines reach $2,750, with a license suspension of up to 10 years. The vehicle is subject to forfeiture, and yellow plates plus an interlock device are mandatory.
• Third DUI in Six Years (Refusal or High BAC >0.17): An unclassified misdemeanor carrying a minimum of 60 days in jail (or 30 days jail plus 110 days house arrest). Fines up to $2,750, license suspension up to 10 years, and vehicle forfeiture apply. Having a knowledgeable Mercer DUI lawyer is essential when facing such high stakes.

Felony charges apply for frequent repeat offenders:

• Fourth or Fifth DUI in Six Years (or Sixth in 20 Years, Low BAC): A fourth-degree felony. Requires a minimum of 60 days local incarceration or prison time, with an option for an additional 6 to 30 months. Fines skyrocket to $10,500, and you face potential lifetime license suspension and vehicle forfeiture.
• Fourth or Fifth DWI in Six Years (or Sixth in 20 Years, High BAC/Refusal): A fourth-degree felony. Minimum incarceration increases to 120 days local or 60 days prison. Fines remain up to $10,500, with mandatory forfeiture and possible lifetime suspension. An experienced Mercer criminal lawyer will be critical in trying to avoid these felony convictions.
• Second Felony DUI (Low BAC): A third-degree felony. Minimum 60 days in prison, up to five years. Fines up to $10,500, probable lifetime suspension, and vehicle forfeiture.
• Second Felony DWI (High BAC/Refusal): A third-degree felony with similar penalties to the above, including mandatory prison time and vehicle forfeiture.

How We Can Help in Defense Against Your DWI Charges

When you hire the Logue Law Group, we investigate every angle of your arrest to find grounds for dismissal or reduction of charges. A dedicated Mercer DUI lawyer can challenge the prosecution’s case based on several common procedural errors, including:

• Unlawful Stop: Stopping your vehicle without probable cause or reasonable suspicion.
• Miranda Rights: Failure to read Miranda Warnings prior to custodial interrogation.
• Field Sobriety Tests: Improper administration of field or chemical sobriety tests.
• Checkpoints: Failures in the planning or execution of sobriety checkpoints.
• Breath Test Inaccuracies: Faulty machines or improper calibration.
• Blood Test Errors: Mishandling of samples or lab errors.
• Lack of Cause: No valid reason for the arrest itself.
• Non-Alcohol Factors: Signs of intoxication caused by medical conditions or fatigue, not alcohol.
• Procedural Errors: Mistakes made by the police officer during proceedings.

Trusting a Mercer criminal lawyer to handle these technical defenses is often your best route to a favorable outcome.

DUI Offenses We Handle in Mercer

Attorney Sean Logue has extensive experience handling a wide spectrum of DUI cases. Our firm is prepared to represent clients in the following areas:

• DUI First Offense: Whether it is your first time ever or just the first time in ten years, a first offense is serious. The legal BAC limit for adults is 0.08 percent.
• DUI Second Offense: A second charge within ten years triggers harsher penalties, such as longer suspensions and jail time. While it is a misdemeanor, you need a Mercer DUI lawyer to help fight for reduced charges.
• DUI Third Offense: A third charge in ten years is grave, potentially involving house arrest, alcohol rehabilitation, and “party plates” (yellow restricted plates).
• Physical Control of a Vehicle: Under Pennsylvania Revised Code Section 4511.194, you cannot be in physical control of a vehicle while impaired, even if you aren’t driving (e.g., holding keys in the front seat). This is a misdemeanor, but a skilled Mercer criminal lawyer can help mitigate the fallout.
• OVUAC (Underage DUI): For those under 21, the impairment limit is just 0.02 percent. While a misdemeanor, this conviction can severely impact a young person’s educational and career future.
• Felony DUI: A third DUI in ten years or a fifth in twenty years becomes a felony. Depending on BAC and history, it may be a third or fourth-degree felony, requiring aggressive defense from a Mercer DUI lawyer.
• DUID (Driving under the Influence of Drugs): This includes illegal narcotics like heroin, LSD, and marijuana, as well as prescription opioids and over-the-counter medications that impair ability.
• Aggravated Vehicular Assault: Under Section 2903.08, causing an accident resulting in injury while intoxicated carries a mandatory prison sentence. This is a felony charge that demands the attention of a top-tier Mercer criminal lawyer.
• Aggravated Vehicular Homicide: Under Section 2903.06, if an impaired driver causes a fatality, it is considered vehicular manslaughter or homicide. This felony carries mandatory prison time.
• DUI Out-of-State: Visitors working or traveling in Pennsylvania face unique challenges when charged here. Our Mercer DUI lawyer team can represent you in court, often minimizing your need to travel back for hearings.
• Intoxicated Boating: Operating a boat while impaired carries the same penalties as driving a car.

Facing a DUI charge is incredibly stressful, but you do not have to face it alone. Sean Logue and the team at Mercer criminal lawyers are well-trained in DUI defense. We can guide you through every step of the process. Call us today at 412.389.0805. We offer free initial consultations and are available 24/7.