First DUI

You are behind the wheel of your car when you see lights flashing behind you. Soon you are put in the back of a police car, and soon you're being booked on a charge for Driving Under the Influence (“DUI”). Your first DUI may or may not be your first run-in with the law, but you're likely very concerned about what the future holds for you. A tough, aggressive attorney can make a big difference in the way your case turns out.

Philadelphia First DUI Lawyer

At Alva Foster & Moscow, LLC, we will fight for your rights and fully advise you if you are facing your first DUI. A Philadelphia first DUI lawyer can challenge the prosecutor's evidence and help you keep your record clean. Even for a first offense, penalties can be stiff, but that doesn't mean you have to suffer through them. Call us today at (215) 665-1695 to set up a consultation.

We represent those accused of drunk driving in Philadelphia and the surrounding region, including Bucks County, Delaware County, Montgomery County, and Chester County, as well as in New Jersey.

Philadelphia First DUI Information

Basics for a First DUI in Pennsylvania

In Pennsylvania, it is illegal to drive under the influence of any intoxicating substance (e.g., drugs or alcohol) when the driver’s ability to drive safely is impaired.

For a DUI involving alcohol, if your blood-alcohol content (BAC) is at or above .08, you are considered legally intoxicated. (Many people think this is two drinks, but there are a variety of factors that can influence BAC, including sex, weight, and diet.) Meanwhile, if you are younger than 21, you are considered legally intoxicated if your BAC is at or above .02. If prosecutors can show your BAC was above the applicable legal limit within two hours of driving, you can be convicted of Driving Under the Influence.

For a DUI involving drugs, you can be convicted of a DUI if prosecutors can prove you were under the influence of narcotics or other drugs, even drugs for which you have a prescription.

Penalties for a First DUI in Pennsylvania

Penalties for a DUI depend on what prosecutors can prove regarding your BAC. For any BAC above .8 but less than .1, you will face up to six months probation and a fine up to $300. You may also be required to attend an alcohol highway safety school and go through alcohol treatment.

For a BAC greater than .1 but less than .16, your driver's license may be suspended for up to a year and be fined up to $5,000 with a minimum fine of $500, along with any safety school and alcohol treatment requirements.

If your BAC was at or above .16, you will spend up to six months in jail, with a mandatory sentence of 72 hours, and your license may be suspended for up to a year

These are the punishments if you took a DUI test. If you refused testing such that the prosecution has no evidence of your BAC, you will face a minimum 72 hours in jail. Additionally, you may have your driver’s license suspended for a year.

Defenses to Philadelphia DUI

Your Philadelphia DUI lawyer has a few critical roles, while also advising you about the details of the criminal proceedings you face, as well as of the potential consequences of each proceeding.

To be convicted of DUI, the prosecutor must prove all the critical elements of the case beyond a reasonable doubt. The prosecutor must show that you were under the influence of alcohol or drugs, and that you were in actual physical control of the vehicle at the time you were so influenced. Your attorney is also there to question the prosecution's evidence and show the jury the reasonable doubt that may exist in your case.

Through every stage of the prosecution against you, it is your Philadelphia DUI lawyer’s job to protect your rights. For example, police must have sufficient probable cause to pull you over, and your attorney will challenge prosecution on this issue. If the police did not have probable cause to pull you over, your arrest might be tossed out, evidence might be suppressed, and the charges against you might be dropped.

Whether It's Your First DUI or Your 10th, We Will Fight For You

Criminal charges may be a new and intimidating concept for you, but they certainly aren't for us. We have fought to defend many people in your shoes, and we will fight for you. A Philadelphia first DUI lawyer from Alva Foster & Moscow, LLC will guide you through this process and fight for your rights. Call us today at (215) 665-1695 to schedule a consultation.