Keeping Your License after a DUI Arrest
A Montgomery County DUI Lawyer Can Help You Keep Your License After a DUI
Being arrested and charged with driving under the influence (DUI) is terrifying. You may be concerned about your future and how this will affect your life. After your DUI arrest, the first step you should take is to call an experienced Montgomery County DUI Lawyer. Your lawyer can help you understand DUI charges and consequences you now face.
One of the consequences of finding yourself charged with DUI is the loss of your driver’s license. After all, if you are like most people, a driver’s license is necessary to get you to and from work, school, and doctor’s appointments. Without it, how will you work, and who will provide for your family?
Understanding Driver’s License Suspension in Montgomery County
In order to drive on the roads in Montgomery County, you must hold a valid driver’s license. You also agree to obey all driving laws in the state. You also automatically consent to take a breath, blood, or urine test to test your blood alcohol concentration (BAC) if required by law enforcement. This is Pennsylvania’s implied consent law.
If you refuse to take the BAC test, you will automatically lose your driver’s license for one year. This will happen even if you are innocent.
If you do submit to a BAC test and the results are unfavorable, you will undoubtedly face DUI charges. A DUI conviction can result in the loss of your driver’s license as well. It is important to know, however, that you will not lose your license until your DUI case is either resolved, you submit a guilty plea, or there is a guilty verdict.
Your driver’s license suspension is separate from the DUI charges. It is an administrative action taken by PennDOT. As such, if you are admitted into the Accelerated Rehabilitative Disposition (ARD) Program, you will still lose your driver’s license.
Can You Get Your Driver’s License Back Sooner?
Pennsylvania law does allow for some drivers to obtain a PA Occupational Limited (“bread and butter”) driver’s license (OLL). This license allows you to drive to and from work, medical treatments, and school while you are serving your suspension. These licenses are often available to first time DUI offenders after they have served a full 60-day license suspension.
Not everyone qualifies for an OLL. In order to qualify, you must meet the necessary restoration requirement outlined in your Requirements letter. In some cases, individuals must obtain:
- Proof of financial responsibility
- Learners permit requirement
- Ignition interlock requirements
- Not issued OLL in last five years
- Restoration fees paid
To apply for an OLL, it is best to speak to an experienced and skilled Pennsylvania DUI defense lawyer immediately. Your attorney can help you navigate through this difficult time while protecting your future.
Contact Our Montgomery County DUI Lawyers Today
If you find yourself facing DUI charges, it is important to know that you are not alone. Many individuals believe there is little chance of beating a DUI charge. As such, they do not fight these charges. Fortunately, there are ways you can fight DUI charges and keep your driver’s license.
To learn more about DUIs, keeping your driver’s license, or DUI penalties, contact the Montgomery County DUI Lawyers at Fiore & Barber, LLC today. Call us at 215-256-0205 to learn how we can help you fight serious DUI charges. You can also fill out our confidential contact form for a consultation and review of your case. We are ready to handle even the most complex DUI cases, and our track record speaks for itself. Do not attempt to fight these charges alone. Call us today!
What Are the Top Mistakes DUI Defendants Make?
Getting charged with a DUI is probably one of the last things you want to happen. DUI charges are some of the most common criminal offenses across the country. The stress of a DUI arrest may make you lose your cool and the aftermath may pose unforeseen obstacles as well.
DUIs are serious criminal offenses. A conviction can mean a criminal record, jail time, license suspension and/or CDL disqualification and other penalties. I t is important to avoid making any mistakes before your trial that could hurt your case.
There are a few common blunders people make when facing a DUI charge. These mistakes can happen at any point. They may happen during your interaction with the arresting officer, or mere days before your trial. If you have never faced a DUI charge before, you probably have no idea what to watch out for. That is why our DUI attorneys have compiled the following list of the most common mistakes DUI defendants make.
Saying too much.
If an officer pulls you over for driving under the influence, keeping your cool is a must. The officer will likely ask you many questions. Your initial reaction might be to answer immediately. While you should generally follow an officer’s orders, you have the right to remain silent. Anything you tell the officer will likely come back to haunt you in court. It is important to keep in mind that officers will not reward your honesty. Admitting you have had a couple of beers will only hurt you in court. It is better to remain silent but courteous.
Refusing a breathalyzer or chemical test.
Many people think refusing a breathalyzer or blood test is a good idea. However, refusing these tests does not put you in the clear. Refusing a test which determines your BAC may actually have severe penalties. Your refusal may come back to bite you in court.
Submitting to these tests will give your attorney a few options in your case. They can contest the accuracy of the results, the validity of the test, and its procedures. These avenues may render your test results inadmissible. If so, you may avoid serious penalties.
Postponing or failing to hire an experienced attorney.
People facing a DUI charge for the first time often do not know how best to handle their case. This causes many people to wait until the last minute to hire a lawyer. Others never hire a lawyer at all. This is because they think they can fight the charge themselves. Others simply admit guilt and shoulder the penalties without making their case.
An experienced DUI attorney can get your charges dropped or reduced. This is because they know what evidence to look for in your defense. They will also offer advice and guidance on how to handle your court hearings. Fighting a DUI successfully is difficult. Having a reputable attorney on your side greatly increases your chances of winning.
Prepare a Solid Defense with an Experienced DUI Attorney
The biggest mistake people often make concerning their DUI case is not adequately preparing. Giving up because you believe there is no hope for your case will always end in disaster. Further, believing that a DUI case is no big deal, and that it will naturally work out in your favor, is simply incorrect. The best way to fight for your case, and achieve the best possible outcome, is by speaking with an attorney.
The experienced DUI attorneys at Fiore & Barber, LLC know how to fight DUI charges. We strongly encourage you to seek legal guidance should you face this kind of charge. You can reach us by telephone at 215-256-0205, or through our online portal.
What Are the 3 Types of Distractions that Causes Distracted Driving Crashes?
Did you know that there are three different types of driving distractions? Visual distractions make you look away from the road. Manual distractions occupy your hands and force you to release the steering wheel. Cognitive distractions are things that steer your mind away from the task of driving safely. It’s easy to understand how these types of distractions can affect your driving, but do you know what activities cause them?
The Distractions That Can Cause Distracted Driving
- Passengers– Not many people realize that their passengers can also be contributors to distracted driving crashes. Depending on the circumstance, passengers can be a cognitive, visual or manual distraction, but are rarely all at once. Talking to someone else in the car can provide a cognitive distraction, looking at something a passenger is trying to show you can be a visual distraction, and if your child’s seatbelt has come loose, trying to buckle it while driving can turn into a manual distraction.
- Adjusting Vehicle Features– Adjusting features on your infotainment system or navigation system can also cause a major distraction. You must manually remove at least hand from the steering wheel to adjust controls on your vehicles console. The task of finding a station or that song you’ve been wanting to listen to can also take your eyes off the road causing a visual distraction. And if your infotainment system has layers of menus to sort through, then the problems it can cause while driving only multiply.
- Smartphones– Everyone has a smartphone now-a-days, but this is one of the few devices that can engage every type of distraction at once. Texting involves you taking your eyes off the road, reading or thinking up a response, and taking your hand off the wheel to hold the phone and type. This is one of the reasons texting and driving is considered even more dangerous than drinking and driving. Even talking a voice call on your cell can be dangerous, because it can cause serious cognitive distractions even if you have a handsfree set.
There are plenty of things that can cause distraction while you’re out on the road, but drivers are responsible for driving our public roads safely. That means asking passengers to keep distractions to a minimum, setting up your vehicle controls before you drive off and silencing/turning off your smartphone while driving are practical responsibilities. Drivers can be held responsible for their negligence, and the automobile accident attorneys at Fiore & Barber are dedicated to protecting anyone who has fallen victim to negligent driving. If you have been the victim of a car accident, call us at (215) 256-0205.
What Can I Do If I Am Arrested for a DUI During the Summer?
The summer months typically see an increase in car accidents and drunk driving. Multiple holidays occur over the next couple of months where heavy drinking is involved. July 4 and the Labor Day Weekend are perfect examples of holidays where alcohol consumption is the norm. Police officers generally set up sobriety checkpoints to look for drunk drivers during both holidays. High school and college students are also enjoying their summer breaks during this time. Unsurprisingly, there is also an increase in DUI arrests during the summer.
Understand the Consequences of a Pennsylvania DUI
A DUI conviction can cause major damage to your personal and professional life. Your finances could also suffer. In Pennsylvania, the consequences of a DUI could entail:
- Loss or suspension of a professional license
- Substance abuse treatment
- Misdemeanor or felony on your record
- Driver’s license suspension
- Mandatory ignition interlock device
Simply put, the consequences of a DUI may be far-reaching and severe. Depending on the circumstances of a DUI, these penalties could affect your life for years to come. In cases where a drunk driver hits another person and causes injuries or deaths, the consequences could include years in prison and a felony. The consequences of a DUI arrest in Pennsylvania increase depending on your blood alcohol content and prior offenses. Always take a DUI seriously and seek legal assistance as soon as possible.
Avoid These Common DUI Arrest Mistakes
It is very easy to make mistakes that could jeopardize your case in the moments after a DUI arrest. Common mistakes include:
- Talking about the arrest or admitting guilt: Some people assume they are automatically guilty and unable to defend themselves against a possible conviction. They may admit guilt and speak at length with the police, which significantly increases the chance of a conviction. In other cases, these individuals may discuss their cases on their social media accounts. This also increases the chance of a conviction.
- Waiting to hire an attorney: Never wait to hire an attorney. You may have a preliminary hearing soon after your arraignment. At this point, the prosecution will make their case by presenting evidence of your alleged crime. If there is enough evidence, then the judge may determine the case can move to trial. An attorney can defend you during the hearing.
- Using an inexperienced attorney: It can be a mistake to use a public defender or an inexperienced attorney. You should pick an attorney with a record of resolving DUI cases in Pennsylvania. Depending on the attorney’s skill and the evidence surrounding your case, it may be possible to dismiss the charge against you.
Contact a Pennsylvania DUI Attorney
You need legal guidance in the following days after a DUI arrest because you will need to make an appearance in court. During this time, a DUI attorney can look at the facts of your case to help you determine your next steps. You also have only a couple of days to contest a suspended driver’s license.
About Our Montgomery DUI Lawyer
Why You Should Hire a Lawyer to Fight Your DUI Charges
Getting arrested and charged with a driving under the influence charge can be life-changing. Now, you might be wondering what you’re going to do and how court is going to go for you. You might be thinking about attending your court date and just pleading guilty to the charge, but you should know that this probably isn’t your best choice. Instead, you should know that it’s smart to hire a lawyer to fight your DUI charges. These are a few reasons why.
A DUI Can Affect Your Life for Years
Many people don’t realize just how serious a DUI conviction can be. If you’re looking at it like it’s just a bad traffic ticket, you should realize that it’s so much more than that. Getting convicted of a DUI can cause you to lose your driver’s license. Even when you get your license back, you can count on paying much higher insurance premiums. Plus, having a DUI conviction on your record can get in the way of you getting a job or renting an apartment. You may have to pay a lot of money in fees and fines, you could have to serve community service, you might have to be put on probation, and you could even face a loss of freedom.
You Don’t Have to Deal with Court on Your Own
Going to court and feeling as if you are “on the chopping block,” so to speak, can be terrifying and overwhelming. You don’t have to go through this on your own. Instead, you are sure to feel a lot better knowing that you have someone with you who is on your side.
You Might Have a Defense
Skilled attorneys use various defenses to help their clients fight these charges. Every case is different, but you might be surprised by what a good lawyer can do for you when you go to court.
As you can see, hiring an attorney to help you with your DUI case is probably your best move. If you are looking for legal representation to help you with your case, contact us at Fiore & Barber, LLC at 215-256-0205 today.
Stiff DUI Penalties for Convicted Pennsylvania Offenders
The Commonwealth of Pennsylvania is determined to ensure that those convicted of driving while impaired will receive a sentence stiff enough to discourage repeat offenses. At Fiore & Barber, we are equally determined to ensure that the rights of those accused of this offense are protected, and that their case is vigorously and successfully defended by experienced attorneys.
Penalties vary by blood alcohol content percentage (i.e., BAC%), substance under whose influence the accused was operating a vehicle (e.g., alcohol, controlled substance), number of prior offenses, and age of the accused. Generally speaking, the higher your BAC% and the greater the number of prior convictions, the stiffer the penalties. (more…)
Ringing in the New Year with a DUI
New Year’s celebrations have become almost synonymous with drinking and partying among many adults. While there is nothing wrong with celebrating, if not planned carefully this night of new beginnings and fun, could end up in disaster. DUI arrests actually double over the New Year’s holiday; it is statistically one of the most likely nights for a person driving under the influence to be caught and arrested. (more…)
Thanksgiving DUI: Pennsylvania DUI Statistics and Information
With the holiday season quickly approaching, it is a good time to start planning ahead so that you avoid getting a Thanksgiving DUI. Below are some Pennsylvania DUI statistics and information that will hopefully help keep you from getting behind the wheel after drinking this Thanksgiving and holiday season.
In December of 2014, the NHTSA put out a report that outlined the statistics related to drunk driving in Pennsylvania. It revealed that in 2013 there were 1,208 fatal car accidents in the state. Approximately 30% of these accidents involved a drunk driver. That is, a who had a blood-alcohol content that was at or above the legal limit of .08 percent. (more…)
Hire A Lawyer To Defend DUI Charges in Pennsylvania
If you have been arrested for a DUI, you are probably wondering if you should hire a lawyer to defend DUI charges in Pennsylvania. If you cannot afford a lawyer to defend you against DUI charges in Pennsylvania, the court will appoint you a lawyer. You will get a defense, however, if you can afford to retain an attorney, you probably should even if you think you are guilty. (more…)
California Accepts Driver’s License Applications from Illegal Immigrants
At the beginning of January, California became the 10th state to offer driver’s licenses to illegal immigrants. Applicants are no longer required to present a valid social security number to obtain a driver’s license. The California Department of Motor Vehicles expects to issue 1.4 million driver’s licenses because of this program in the next three years. The change will also allow illegal immigrants to obtain automobile insurance. (more…)