Get Answers From An Experienced Attorney Phone Number 717-435-8830

On Your Side In Challenging Times

Lancaster DUI Defense Attorney

Being pulled over by a police officer can be extremely stressful, but even more so if you are driving impaired. Pennsylvania imposes strict punishments for those who violate the law, including imprisonment, steep fines, and license suspension.

While a DUI charge can be intimidating, it does not mean that you are guilty. At the Law Office of Stephen W. Grosh, our DUI defense attorney will do everything within his power to get your charges dismissed or reduced.

Signs of Motorist Impairment

Law enforcement will look for visual signs indicating that a motorist is impaired. These may include:

Pennsylvania DUI Laws & Penalties

In Pennsylvania, it is illegal for motorists to drive a motor vehicle if their blood alcohol limit is .08%. This applies to drivers that are at least 21 years old. For drivers under the age of 21, the legal limit is set at .02%.

Under 75 Pa.C.S. §3802, there is a three-tiered system to determine DUI penalties based on BAC levels and prior offenses.

Below, we discuss the DUI penalties you face under state law:

No Prior DUI Offenses

If your BAC is between .08% to .099% (general impairment)

If your BAC is between .10% to .159% (high rate of alcohol)

If your BAC is between .16% or greater or use of controlled substance (highest rate of alcohol)

One Prior DUI Offense

General impairment

High rate of alcohol

Highest rate of alcohol (first-degree misdemeanor)

Two or More Prior DUI Offenses

General impairment (Second-degree misdemeanor)

High rate of alcohol (first-degree misdemeanor)

Highest rate of alcohol (first-degree misdemeanor)

Defenses to DUI Charges

A Lancaster DUI defense attorney will review your case to determine which defenses will give you the best possible outcome.

Potential DUI defenses may include:

Unlawful Stop by Police Officer

If there were no signs of impairment, then the stop may be unlawful. However, if a police officer is conducting a DUI checkpoint and pulls you over, then the stop may be legal.

There are certain protocols that law enforcement must abide by in conducting a DUI checkpoint. For instance, police officers must follow a systematic process in stopping vehicles (i.e., stopping every fourth vehicle or a similar established pattern). Additionally, a police officer cannot search a vehicle or its occupants during the stop without probable cause.

Misleading Field Sobriety Test

Part of determining a person’s level of inebriation involves having them perform tasks known as field sobriety testing. It is a three-prong test, which involves a horizontal gaze nystagmus, the walk-and-turn test, and the one-leg stand test.

If you have certain medical conditions, such as arthritis, your ability to balance on one leg may be impaired. So, you may fail the test even though you are completely sober. If you failed a field sobriety test, we are prepared to challenge the results.

Violations of Procedure

There are strict laws in place on how law enforcement must handle evidence and how it can be presented in court. A DUI defense attorney will conduct a thorough investigation to determine if a police officer failed to follow proper protocol in your DUI case.

A Lancaster DUI Defense Attorney Offering Aggressive Counsel

If you have been accused of driving under the influence, it is important to obtain skilled representation. At the Law Office of Stephen W. Grosh, we offer aggressive counsel to those who are facing DUI charges. To learn how we can help, contact us by calling (717) 435-8830 or by filling out our online intake form.