If convicted, there is a possibility for you to go to jail for your first DUI in PA. But if your case does not have extenuating circumstances, your chances of a jail sentence are low. The level of your BAC plays a key role in determining whether jail time is a possibility for you.
In determining the conditions of bail, the court may consider the following factors for a specific case: The nature and severity of the alleged crime and any mitigating or aggravating circumstances regarding the alleged crime. The defendant's employment history, nature of employment, and financial means.
Explain how your actions have affected others and that you understand why your actions were wrong. Explain Your Circumstances – You may evoke some sympathy from the judge if there were extenuating circumstances for your DUI.
Best Case. If you have been pulled over for allegedly driving under the influence, the best-case scenario you could hope for is that the officer(s) failed to gather enough evidence against you or made procedural, technical, or constitutional mistakes before, during or following your arrest.
How Can You Fight a DUI Charge in Pennsylvania? You Weren't Actually Driving Under the Influence. You Weren't In “Actual Physical Control” of Your Vehicle. Your Breath Test Result is Unreliable. Your Field Sobriety Test Results are Unreliable. The Police Stopped You Without Reasonable Suspicion.
In our many years serving in Pennsylvania courts and counties, here are a few tips we have found helpful in getting your DUI charges dropped or dismissed. Challenge the Traffic Stop. Challenge the Field Sobriety Test. Contest Chemical Results. Pre-Trial Strategies. Enter a DUI Diversion Program.
Yes, jail time is mandatory for a first DUI in PA in cases of high or highest bodily alcohol content. If a person is convicted of DUI with a bodily alcohol content of . 10 or higher, 48 hours in jail is the mandatory minimum.
4 Ways to Get a DUI Charge Dismissed in Pennsylvania Prove a Violation During Your Traffic Stop or DUI Arrest. Prove a Violation During Your DUI Case. Rely on the Prosecution's Burden of Proof. Entering Into a Pretrial Diversion Program.
It is possible for a first-time DUI case to be dismissed, but that will require the help of an experienced criminal defense attorney who can research the facts of the case before forming a legal strategy to have the charges dropped.