DUI Lawyer Philadelphia: Driving Under the Influence (DUI) Defense
Defense Against DUI Charges
Tough, Aggressive Representation — 24-Hour Emergency Consultations
The Law Office of Douglas Earl LLC, knows how to defend people accused of driving under the influence. We will work hard to reduce or completely eliminate the consequences of the charge. Your freedom is at risk. You need an experienced DUI lawyer in Philadelphia that knows how to keep you out of prison, and exonerate you whenever possible. Douglas P. Earl, Esquire has been defending people in the Philadelphia area for 28 years.
There have been important changes in laws regarding Driving Under the Influence. Recently there was a United States Supreme Court decision regarding blood and breathalyzer testing. Mr. Earl knows how to challenge violations of your rights.
Douglas P. Earl, Esquire knows how to challenge in court police stops of your vehicle. Police motor vehicle stops take a variety of forms. What if you pulled over to the side of the road to rest and the officer arrests you anyway because even though your car was parked you were behind the wheel resting?
Pennsylvania divides Driving Under the Influence (DUI) into three tiers based upon the Blood Alcohol Level (BAC). These tiers are officially referred to as “general impairment,” “high rate” and “highest rate.” Most people use the terms middle and high when referring to the two highest terms.
A “general impairment” Driving Under the Influence (DUI) charge is when a driver’s Blood Alcohol Level (BAC) is between .08 and .10, a middle tier Driving Under the Influence (DUI) charge is when the driver’s Blood Alcohol Level (BAC) is between .10 and .159, the highest tier, tier 3 is charged when the Blood Alcohol level (BAC) is over .160.
As your DUI lawyer in Philadelphia, Mr. Earl may be able to save you from prison even though it may be your 3rd, 4th or 5th DUI.
Driving Under the Influence has increasing penalties. There is a mandatory term of minimum imprisonment of one year for a person’s third DUI conviction. Mr. Earl recently persuaded a Judge NOT to incarcerate a client who was convicted for his third DUI. The Court allowed the client’s time in a recovery house to substitute for prison time. When you are in trouble for a DUI, call Mr. Earl first. Help is on the way!
If a driver refuses to take a chemical test, the Driving Under the Influence (DUI) charge is charged as “general impairment” but carries the same penalties as the highest rate chemical test.
Mr. Earl represents people charged with Driving Under the influence (DUI) in Bucks, Delaware, Chester, Montgomery and Philadelphia and throughout Pennsylvania. Mr. Earl represented a young man in State College who was in an accident with Blood Alcohol Content (BAC) of .29. The young man would have gone to prison but Mr. Earl was able to have his time served in a rehabilitation program instead.
The Police or a State Trooper stops you. What happens? The Police Officer or Pennsylvania State Trooper is right behind you. You have pulled over to the side of the road or highway. The officer or trooper pulls over behind you. The overhead lights from the police vehicle are flashing while you wait for the officer to get out of his vehicle and approach you. The officer asks for your license, vehicle registration, and insurance. You comply. Then comes the question “Have you been drinking?” The officer will tell you to get out of your car. Maybe he will ask you to conduct what is called a field sobriety test (walking one foot in front of and touching the front of your back foot, both fingers touching your toes). In Delaware, Chester, Montgomery, Counties and throughout Pennsylvania the Police Officer or State Trooper may ask that he takes you to a hospital for your blood to be drawn and tested. In Philadelphia, the officer may place you under arrest and take you to the Police Administration Building where you will be asked to take a breathalyzer test. In Delaware, Chester, Montgomery, Counties and throughout Pennsylvania the Police Officer or State Trooper may in a couple of weeks, send you a notice to appear before a District Justice to answer to a Driving Under the Influence charge.
We explore every facet of a workable DUI defense strategy to minimize the consequences, protect your driving privileges and keep you on the road.
Did you blow a .08?
If you have been accused of drunk driving, you need a DUI lawyer in Philadelphia who will take the steps to:
Protect your driving privileges.
Reduce or eliminate fines.
If this is your first offense, you may seek admission into the ARD program, which stands for “Accelerated Rehabilitative Disposition.” ARD allows defendants to greatly reduce both the direct and collateral consequences for DUI. Those who successfully complete the ARD program avoid jail time, and have much shorter diver’s license suspensions. Most importantly, when a defendant successfully completes the ARD program, his or her attorney can file a motion for dismissal of the charges and expungement of arrest record. Expungement is most important for young people, who are just entering the job market, or adults who are looking for a new job, or planning to switch jobs. In the modern world, most companies perform criminal background checks prior to hiring.
As your DUI lawyer in Philadelphia, Mr. Earl fights to keep you out of jail.
DUI convictions carry mandatory minimum sentences. The mandatory minimum sentence for first offense DUI are as follows:
General Impairment: 1) Probation not to exceed six months; 2) $300 fine; 3) DUI classes; 4) drug and alcohol treatment, if ordered by the Court. There is no mandatory jail time or loss of driver’s license for a first offense, general impairment DUI.
Middle Tier DUI: 1) 48 hours in jail followed by six months of parole; 2) one year driver’s license suspension; 3) $500 mandatory fine, but the fine could be as much as $5,000 at the discretion of the Court; 4) drug and alcohol treatment when ordered by the Court; 5) DUI classes. The mandatory minimum sentence for a first offense
High Tier DUI is 1) 72 hours in jail followed by six months of parole; 2) one year driver’s license suspension; 3) $1,000 mandatory fine, but the fine could be as much as $5,000.
Mr. Earl will work to prevent you from incurring points on your license.
Keep your insurance costs manageable.
We have an impressive success rate in handling DUI/DWI defense and other traffic violation cases. In fact, we have a 90% success rate in getting tickets dismissed or reduced to a no-point violation.
Get in Touch With Us First
Many people believe that they can handle their own DUI defense. Unfortunately, those people all too frequently end up facing serious consequences.
We have the experience to make a difference. We have helped many, many people in the same situation that you are in. You can be confident that we can get a positive outcome for you.
We Fight for You!
With 28 years of experience on our side, we have learned the importance of an aggressive DUI defense.
Sometimes, the prosecution is simply not willing to play fair and face the facts. We are willing to take your case to the next level and explore every opportunity to defend your rights and interests.
Douglas P. Earl, Esquire wins case in which the police arrested his client and seized blood from him. The Toxicology Report showed the presence of drugs, specifically marijuana in the blood of client at the time of his DUI arrest. Police Officer testified that client had blurred speech and watery eyes. Police Officer stated that in his opinion, Mr. Earl’s client was driving a motor vehicle under the influence of a controlled substance.
Police need a warrant to seize blood in DUI cases. The U.S. Supreme Court placed new limits on state laws that make it a crime for motorists suspected of drunken driving to refuse alcohol tests. Supreme Court ruled that police must obtain a search warrant before requiring drivers to take blood alcohol tests, but not breath tests.
Motorists in Pennsylvania have face a stark choice when arrested for driving under the influence of alcohol or a controlled substance. Either submit to a blood test that will help police prove whether you are intoxicated, or else have the book thrown at you for refusing.
Judgment of acquittal was granted. There was a successful defense. The drug test results were challenged and never admitted at the trial.
We’re Here When You Need Us
We are available 24 hours a day, 7 days a week to help people in Bucks, Chester, Delaware, Montgomery Counties, Philadelphia and throughout Pennsylvania.
Contact Mr. Earl at (215) 627-5970 for a free, honest evaluation of your case. You simply can’t afford to wait another day! Your freedom is at risk.