DUI Driving Privileges Suspension Attorney in Delaware County, PA Protecting Clients’ Freedom in Delaware County, Montgomery County, Chester County, and Throughout Southeastern Pennsylvania
Your driving privileges provide crucial freedom and independence. In many areas of Pennsylvania, people rely on their ability to drive to get to and from work, school, medical appointments, grocery stores, pharmacies, and other critical locations. Losing these privileges as a result of drunk driving charges can drastically impact your life, but it may be possible to minimize these consequences or even avoid this outcome altogether with the strategic guidance of an experienced Delaware County DUI license suspension lawyer.
At The Law Offices of Joseph Lesniak, LLC, we’re prepared to develop a legal strategy that prioritizes your driving privileges while also addressing the full array of consequences of DUI charges. With knowledge from working on both sides of the courtroom, we develop every strategy based on our extensive understanding of how prosecutors approach DUI cases, how to build defenses that get results, and how the unique facts of your situation impact your case.
Don’t wait another day to retain the legal support you need to protect your rights and preserve your driving privileges to the fullest extent possible. Contact us today for a free, confidential consultation.
DUI & Your License
The crime of driving under the influence of alcohol or drugs is a serious offense in Pennsylvania. If convicted, you could face a range of penalties that include:
- Fines, surcharges, and other financial costs
- Potential jail time
- Probation
- Community service requirements
- Court-mandated driver education programs and alcohol evaluations
- Suspension of your driver’s license
The sentences that accompany a DUI conviction in Pennsylvania can be nothing less than life-altering. For many motorists, the loss of driving privileges is a particularly challenging consequence.
If you’re concerned about how the suspension of your license could impact your ability to earn a living or provide necessary transportation for your family, you need dedicated legal counsel that understands these worries and will provide a personalized strategy that prioritizes the preservation or restoration of your driving privileges. As a Delaware County DUI license suspension lawyer, Attorney Joseph Lesniak is here to help by crafting effective, comprehensive legal strategies that align with your goals as well as your unique circumstances.
License Suspension Under PA DUI Laws
Section 3804(e) of Pennsylvania Consolidated Statutes, Title 75, establishes suspension of driving privileges as a penalty that may be imposed upon a DUI conviction. Whether and for how long your driving privileges may be suspended depends on factors like your BAC level and whether you have a history of prior offenses, as the Commonwealth of Pennsylvania website details.
Generally, first-time DUI offenders with a BAC that constitutes general impairment (below 0.10%) are not subject to license suspension in Pennsylvania, but repeat offenders and those with higher BAC levels or aggravating factors of any kind are. With a BAC below 0.10% and a history of at least one prior offense, you could be facing a 12-month license suspension if convicted of a DUI.
If you were reported to have a mid-tier BAC (between 0.10% and 0.159%), your license can be suspended for 12 months for a first or second offense or 18 months for a subsequent offense. If you’re accused of driving with a BAC of 0.16% or higher, you can face a 12-month license suspension for a first offense or an 18-month suspension for any subsequent offense.
Refusing to take a breathalyzer test when pulled over by the police in Pennsylvania doesn’t protect you from losing your license. In fact, under the state’s implied consent law (Section 1547 of Pennsylvania Consolidated Statutes, Title 75), breath test refusal results in suspension of driving privileges for 12 months or, in the event that you have prior offenses, 18 months—even if you never end up being convicted of a DUI.
A DUI Driving Privileges Suspension Attorney in Delaware County, PA, Can Fight to Preserve Your Freedom
There are steps you can take now to minimize or potentially avoid suspension of your driver’s license when facing DUI charges in Pennsylvania. Because managing this issue effectively requires considerable legal knowledge, your next step should be to retain a DUI driving privileges suspension attorney in Delaware County, PA. At The Law Offices of Joseph Lesniak, LLC, we’re well-equipped to consider all paths forward and determine what can be done to protect your driving privileges as fully as possible.
Defending Against DUI Charges
In Pennsylvania, license suspension for a DUI generally occurs after a conviction, not immediately following arrest. Putting up a strong defense can help you avoid a conviction and a resulting license suspension. To develop the most effective defense possible, we investigate and analyze the full facts of your situation, including identifying any rights violations, unlawful procedures, and inaccuracies in testing methods. We fight to get improperly obtained evidence suppressed, weakening the case against you.
Through an effective defense strategy, we may be able to get the charges against you dismissed or secure a not-guilty verdict at trial. Either of these outcomes would allow you to avoid license suspension entirely.
Even in the event of a conviction, skilled legal defense can result in more lenient sentences by introducing mitigating factors that can reduce jail time, fines, and other consequences.
Entering a Pre-Trial Diversion Program
If neither the dismissal of charges nor a not-guilty verdict is likely in your specific circumstances, it may be possible to reduce license suspension length and minimize other consequences through a pre-trial diversion program.
In Pennsylvania, the Accelerated Rehabilitative Disposition (ARD) Program allows you to enter into an agreement with the District Attorney’s Office to complete certain conditions, including community service and probation. Upon successful completion of these conditions, you can have the case against you dismissed, allowing you to avoid a criminal conviction.
In addition to the other benefits it offers, the ARD Program generally imposes shorter license suspension terms than a DUI conviction would, particularly if you had a high BAC and are facing license suspension of 12 months for a first offense if you are convicted. Per the Delaware County District Attorney's Office, license suspension terms under the ARD Program are as follows:
- No license suspension for first-time offenders with a BAC in the range of 0.08%-0.99%
- A 30-day license suspension for offenders with a BAC between 0.10% and 0.159% (significantly shorter than the 12-month suspension imposed upon DUI conviction)
- A 60-day license suspension for offenders with a BAC of 0.16% or above
- A 90-day license suspension for underage offenders (below age 21)
The length of license suspension isn’t the only point you should consider when weighing your options for confronting this legal issue. However, if minimizing the loss of your driving privileges is one of the most important considerations for you, we can help you explore whether the ARD Program or a plea agreement with the prosecutor may be a beneficial choice for you.
Seeking a Limited Driver’s License
If a license suspension arising out of a DUI poses a real hardship in terms of getting to work or other necessities, you may qualify for an Occupational Limited License (OLL), a special license that permits you to drive to work, places of academic study, or medical facilities. You may also be eligible to seek an Ignition Interlock Limited driver’s license.
We can help you assess your eligibility, meet restoration requirements that may include installing an ignition interlock device at your own expense, and apply for the appropriate license to preserve your driving privileges in some capacity.
How The Law Offices of Joseph Lesniak, LLC, Can Help
When you’ve been charged with a DUI in Pennsylvania, you need someone on your side who understands both the legal nuances and the big picture. Our firm acknowledges the stress that potential license loss can pose, as well as how this penalty fits into the overall consequences of a DUI conviction on your future. We focus on developing a strategy that serves both your short-term and long-term interests.
Our firm provides comprehensive legal support for clients facing DUI charges, including:
- In-depth analysis of the facts during a confidential free consultation
- Investigation of the circumstances that gave rise to the charges against you
- Identification of any rights violations, improper procedures, inaccurate test results, or improper testing methods
- Collection of all the evidence that supports your defense
- Development of a personalized strategy based on your goals and the specific facts of your case
- Representation in all legal proceedings, from filing motions or preparing an ARD Program application to presenting your case in court
Knowing that you don’t have to face the legal process alone provides peace of mind during a difficult situation that’s anything but routine. We’re here to provide an effective defense that draws on our extensive knowledge of DUI legal matters.
Why Choose The Law Offices of Joseph Lesniak, LLC, as Your Delaware County DUI License Suspension Lawyer?
With The Law Offices of Joseph Lesniak, LLC, on your side, you’ll have a Delaware County DUI license suspension lawyer you can count on no matter what challenges you’re facing in the legal process. Our firm is known for the personalized defense strategies we provide, our profound insight into Pennsylvania legal procedures, and our commitment to making quality legal guidance accessible for defendants facing DUI charges.
DUI Defense Strategies Custom-Tailored to Your Needs
Your situation is unique, and your legal strategy should be, too—especially when one of your priorities is protecting your driving privileges as much as possible. We provide personalized attention, developing tailored strategies that align with every individual client’s needs and goals. We consider not only the strengths and weaknesses of the case against you but also how to best serve your goals and interests through a strong and strategic defense.
Extensive Knowledge of PA Laws From Both Sides of the Courtroom
Thanks to Attorney Joseph Lesniak’s experience as both a criminal defense attorney who has secured favorable results for thousands of clients and a former prosecutor in the Delaware County District Attorney’s Office, our firm has extensive knowledge of Pennsylvania law and legal procedures. Our insider perspective provides an advantage for our clients. We understand how prosecutors approach DUI cases and how to build an effective defense.
Legal Counsel That Puts You First
We’re committed to serving our clients with compassion, dedication, and unwavering professionalism. Our firm prioritizes client service, with 24/7 availability, a willingness to travel to meet clients in jail or at home, and a focus on responsive, reliable communications that provide peace of mind. To ensure every defendant facing DUI charges in Pennsylvania has the opportunity to understand their legal rights and options, our firm provides a free, confidential consultation.
Contact a Delaware County DUI License Suspension Lawyer at The Law Offices of Joseph Lesniak, LLC, Today for a Free Consultation
The sooner you retain experienced legal counsel, the better position you are in to protect your driving privileges and avoid or reduce the impact of license suspension. By taking immediate action on our clients’ behalf, our firm is prepared to begin building the strongest possible defense, explore options such as Pennsylvania’s ARD Program, and protect your rights at every stage of the legal process.
For help from a DUI driving privileges suspension attorney in Delaware County, PA, contact The Law Offices of Joseph Lesniak, LLC, online or call (484) 444-2348 today.
