DUI Defense Lawyers Erie PA | If you've been arrested for DUI, you need an experienced Erie DUI Defense Lawyer to help you keep your license and avoid jail time!
If you are facing DUI Charges, it is in your best interest to consult with an experienced DUI lawyer from The Travis Law Firm immediately. If this is the first time you have been in legal trouble, you need to know your rights – your freedom depends on it.
Every DUI defense attorney at our law firm understands the most current PA DUI laws and knows how to get you the best possible outcome for your case.
The Top 5 Questions to Ask A PA DUI Lawyer
How Can An Attorney Help You With DUI Charges?
The Travis Law Firm has helped thousands of individuals charged with a DUI in Erie, Edinboro and Warren, PA. We know that police officers can and do make mistakes. The evidence may not be accurate, or may have been tainted if not properly administered. We review all the evidence given and, if possible, the videotape of the arrest, to help us build a stronger case for your defense. The stronger your defense, the more likely you are to receive a reduced penalty or even dismissal of your DUI charge. The true cost of a DUI conviction in PA is much higher than most people realize. Get the legal defense you deserve.
Experienced DUI Defense handling the following matters:
- Alcohol DUI
- Marijuana DUI
- Underage DUI
- Non Prescription Drugs DUI
- Accelerated Rehabilitative Disposition (ARD)
If you've been charged with a DUI or criminal offense, you're probably wanting to stay out of jail, avoid having a criminal record, and to minimize financial and other consequences.
Don’t Panic If You Are Stopped for a DUI
If you are pulled over for a DUI, don’t panic. Follow our instructions How to Handle a Traffic Stop in Pennsylvania. You are not required to state where you were before the traffic stop (i.e. you don’t have to tell the police officer you were at a party).
Being arrested for a DUI does not mean that you are guilty of the DUI. There could be one or more defenses to your drunk driving charge that could lessen the charge or result in a complete dismissal.
Consulting a DUI attorney in Northwestern Pennsylvania is the best way to protect your legal rights. You have the right to an attorney. Exercise your right to remain silent except for asking for a DUI defense lawyer.
How to Handle a Traffic Stop in Pennsylvania
Pull over as soon as safely possible when a police officer signals for you to pull over. Place both hands on the steering wheel and do not make any sudden movements. At night, turning on the light inside your car can help the officer determine that you are not an immediate threat. Until the officer requests that you move, keep your hands on the steering wheel and have passengers place hands on the dash or headrest in front of them.
When the officer asks for your name, registration, and proof of insurance, you need to provide this information. Move slowly and do not put your hands into any enclosed area without asking the officer first. However, if the officer asks if you know why you were stopped or if you have been drinking, you are not required to answer his questions. You should be polite and respectful when stating you do not know or you do not want to answer the question.
If the officer requests that you exit the vehicle, you must do so. In Pennsylvania v. Mimms (1977) and Maryland v. Wilson (1997), the U.S. Supreme Court held that an officer could require the driver and any passengers to exit the vehicle during a traffic stop. Do NOT exit the vehicle until asked to do so by a law enforcement officer. Exiting the vehicle before you are told to do so can be interpreted as a threat and the situation can escalate. An officer must have reasonable cause to pull you over for a traffic offense; however, this is not the time to argue with the officer. Leave this to your criminal defense attorney.
The officer may pat you down and he may search your vehicle. You do not have to consent to this search. You can refuse the search, but the officer may still conduct the search. Your best choice is to remain silent except for providing the basic information. Again, you should be polite and respectful when stating you would rather have your attorney present before answering questions.
What Should You Do During A DUI Stop?
One of the best things you can do to protect your legal rights is to call an Erie DUI attorney as soon as possible after being arrested for DUI. An attorney can advise you of your legal rights and discuss how you should proceed. The sooner you have an experienced DUI attorney helping you with your case, the better chance you have of achieving the best possible outcome in your case.
Can I Receive A DUI Ticket In An Erie Parking Lot?
It is common knowledge that driving under the influence is strictly enforced throughout Pennsylvania. If you operate a motor vehicle under the influence of alcohol, you can expect law enforcement officers to issue a DUI ticket if you are caught. A conviction on a DUI charge can range from substantial fines and loss of driving privileges to prison, ignition interlock devices, and other penalties. What some people may be surprised to learn is that they might face the same DUI penalties if they are convicted of a DUI charge that occurred in a Pennsylvania parking lot.
Can I Be Charged With DUI For Riding A Bicycle?
Many people use alternative methods of transportation in Pennsylvania other than a passenger motor vehicle or public transportation. You will see people riding bicycles, scooters, and even skateboards to get to where they need to go, especially around Pennsylvania colleges and universities. Many people are walking to work in order to save money and improve health. In the country, you’re likely to see the Amish using their horses and buggies.
Unfortunately, many of these people think nothing of using an alternative mode of transportation after having a few alcoholic drinks. After all, they’re not driving a motor vehicle, so they think they are safe. What they fail to realize is how Pennsylvania’s DUI laws are worded.
Any Method of Transportation
In the Pennsylvania Vehicle Code, a vehicle is defined as anything which can transport a person, which would include a bicycle and Amish buggy. Even though these vehicles don’t have motors and no driver’s license is required to operate these vehicles, in some situations they are viewed in the same manner as a car. A charge of driving under the influence or DUI is one of these situations.
For example, Pennsylvania State Troopers stopped an Amish buggy because the passengers were riding on top of the buggy. The officers found over 20 cans and bottles of beer in the buggy, some were open containers. All passengers were under 20 years of age and the driver was 18 years of age. The driver was arrested and charged with driving under the influence. While most people may not immediately think of an Amish buggy as being a “vehicle,” the DUI statute applies to the buggy as it does for all other vehicles, including bicycles.
Therefore, if you are riding your bicycle and you are weaving or displaying other signs of being impaired by alcohol, an officer can pull you over. If the officer finds probable cause, he can charge you with DUI.
What Happens When You Drive Under the Influence?
Regardless of the mode of transportation, you may be charged with DUI if you have consumed alcohol and then operated any type of vehicle. The legal limit for DUI in Pennsylvania is .08; however, if you are under the age of 21 years, the legal limit is .02. The potential punishment for a DUI conviction is a fine, time in jail, and suspension of your driver’s license. The length of jail time and the amount of the fine varies depending on the specific facts of your case and whether you have any prior DUI convictions.
A DUI conviction also results in a permanent criminal history. This could have a significant impact on your ability to get into the college of your choice. Furthermore, a DUI conviction can also impact your ability to get the job that you desire, especially if you will be required to drive as part of your job or you are required to obtain a license.
Proving You are Guilty of DUI Charges
The first step our Erie DUI defense team takes when handling a drunk driving charge or DUI ticket is to investigate the facts and circumstances surrounding a DUI stop thoroughly. We take that step regardless of whether the DUI stop occurred in a parking lot, rural road, or busy city street. We want to determine if the prosecution has sufficient evidence to prove DUI charges, but we also want to determine if we have evidence to establish on or more valid defenses to the drunk driving charge.
The prosecution must prove all legal elements required to establish that you are guilty of driving under the influence before obtaining a guilty verdict for a DUI ticket. In most DUI cases, the prosecution must prove that you were operating a motor vehicle on a highway or traffic way while under the influence of alcohol.
Police officers focus on proving that the driver’s BAC (blood alcohol content) exceeded the legal limit of .08 for drunk driving. They also focus on other evidence from the DUI stop to prove that the driver’s ability to operate the motor vehicle was impaired, such as the results of standardized field sobriety tests.
Next, the state must prove that you were operating a motor vehicle on a highway or traffic way. However, what do the terms “operating” and “traffic way” encompass? What if you were sitting in a parking lot with the motor running or driving through a fast-food restaurant’s pick up window? Can you be arrested for DUI?
Broad Definitions of Trafficways and Operating Can Lead to Surprising DUI Arrests?
The courts have interpreted traffic ways to be roads or areas that are accessible to the public, including parking garages and parking lots. Therefore, you could be charged with DUI if the police determine you were intoxicated while driving in the parking lot, drive-thru lane, or public street.
Likewise, the courts have given a board definition to the meaning of “operating” within the DUI statutes. Driving is often defined as “operating a vehicle.” However, operating a vehicle may also apply to an individual who has actual physical control of the vehicle. Therefore, you do not need to be in a moving vehicle to be charged with DUI.
If you are sitting in the driver’s seat of a parked vehicle with the engine running, you might face a DUI charge. Likewise, if the engine is off, but the keys are in the ignition, you could be charged with drunk driving. If you can reasonably cause the vehicle to move, you are in control of the operation of the vehicle and may be charged with DUI if you are drunk.
In other words, if you pull over in a parking lot to “sober up,” you could be charged with DUI in certain cases. The specific DUI ticket may depend on the factors at the scene.
The statutes and case laws vary. Some parking lots or other private areas may not meet all the standards to be considered a traffic way. Likewise, the circumstances and facts of the case may prove that the individual charged with DUI was not “operating” or “in control” of the vehicle at the time of the arrest. It is important to allow an experienced Erie DUI attorney to investigate the matter and analyze current statutes and case law to determine if the arrest was legal.
Being charged with a DUI offense in Pennsylvania is not the same as being convicted of drunk driving. You are not guilty of DUI until the state proves each required legal element related to the DUI charge. Therefore, it is in your best interest to contact an Erie DUI attorney right now.
There could be one or more “holes” or weaknesses in the state’s case that you can use to have the DUI charge dismissed. If not, an experienced PA DUI attorney may leverage the weaknesses to reduce DUI charges or negotiate a more favorable plea deal. Until you meet with an experienced Northwestern Pennsylvania DUI attorney, you do not know what options you might have to resolve your drunk driving charge.
After You Are Arrested for a DUI in Pennsylvania
We understand that you have a lot of questions after a PA DUI arrest, and that’s why we have this section. While we cannot possibly cover every concern, we do cover a lot of topics concerning your best DUI defense. Please use the simple menu below to find the information you are looking for, and remember, we always offer a free, confidential consultation to discuss your legal rights.
What Happens After I Am Arrested For DUI?
Being arrested for DUI can be frightening, especially if this is your first experience with the judicial system. We encourage you to exercise your constitutional rights to remain silent and contact a lawyer. The steps you take after a DUI arrest could have a huge impact on the outcome of your case.
DUI cases involve different circumstances. Those circumstances may dictate additional steps in the DUI process. However, most individuals who are arrested for drunk driving can expect their case to involve the following seven stages:
Five Reasons You Need an Erie DUI Defense Attorney Right Now!
What are the Fees for a DUI Defense Attorney?
We Offer Reasonable, Flat Fees
When you talk to a PA DUI Lawyer at our firm, we will tell you about the fees involved. We understand that paying for an attorney is an unplanned expense, so we offer a flat rate fee to help you budget for this.
Our law office accepts cash or checks. You may be interested to know that we also gladly accept payment by credit card, for your convenience.
What Happens in the Free DUI Case Review?
Regardless, your initial consultation is absolutely free. You will learn vital information about your legal rights at no risk to you. After we talk, you are not obligated in any way to hire us. If you are not completely convinced that we can help you with your PA DUI charges, we will not trouble you again and you will owe us nothing.
We have seen people defend themselves without legal assistance, but the risk is great, and we are talking about your freedom here. Penalties for DUI can be harsh and legal representation can soften the blow by getting your penalties reduced.
Passengers and DUI-Related Charges in Pennsylvania
Pennsylvania laws define impaired driving as driving, operating, or being in actual physical control of the movement of a vehicle after consuming enough alcohol to impair the person’s ability to operate the vehicle safely. A person may also be guilty of drunk driving if the person has a BAC of .08 or higher.
Since a passenger typically does not have control of the vehicle, a passenger who is intoxicated may not be guilty of DUI under this definition. However, there are several DUI-related charges that a passenger may be charged with under certain circumstances. Some examples of DUI-related charges a passenger might face include:
2019 Changes in PA Drunk Driving Laws
Contact DUI Defense Lawyers Erie PA
If you or someone you know is charged for a DUI, the attorneys at The Travis Law Firm can help. The laws in DUI are extremely complicated, and you should not face the legal system alone. Contact us today for a no charge free consultation with Attorney Grant C. Travis today.
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