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York DWI Lawyers

1. Kagen, MacDonald & France: ¥ DUI ¥ Felony and Misdemeanor Criminal Offenses ¥ Representation at all levels of local, state, and federal court ¥ Traffic Offenses
2. Blakey, Yost, Bupp & Rausch: * Business Acquisitions & Finance * Commercial Real Estate Lending & Development * Corporations, LLCs, Partnerships & Other Business Organizations * Criminal Defense * Estate Planning & Administration * Employment and Labor Law * Family Law Including Divorce and Custody * Land Use & Zoning * Litigation * Mediation * Municipal Law * Real Estate and Title Insurance
3. Bergdoll, John: Motor Vehicle & Traffic Violations & Suspensions - DUI & Drinking Drivers' Defense - Accidents - Injury & Death - Real Estate Law & Settlements - Landlord & Tenant - Business Law - Bankruptcy & Collections - Labor & Unemployment Comp - Civil Rights Law - Family Law: Divorce - Support, Property Settlement, Custody & Adoptions - Mediation & Arbitration - Estate Settlements - Estate Planning & Wills - Trusts - Living Wills - Power of Attorney - Disability/Retirement Claims
4. Cutiai, Dawn: DUI In Pennsylvania, it is a crime to drive a vehicle under the influence of drugs or alcohol. A person is determined to be under the influence based on either his or her Blood Alcohol Content or a failed field sobriety test, or both. A person whose BAC is over the legal limit is automatically guilty of a DUI; it is not necessary for the Commonwealth to show a field sobriety test. However, in cases where no BAC is obtained (see caution on refusing the BAC below), the Commonwealth must prove a driver was intoxicated the old fashioned way - slurred speech, breath, glassy eyes, inability to walk a straight line, say the alphabet backwards - all part of a standard field sobriety test. In Pennsylvania, there are three tiers of punishment for a DUI conviction (see chart below). In addition, the penalties increase for each subsequent conviction. There are certain minimum jail sentences that the Court must impose upon conviction. Note that completion of the ARD program CAN count as a first offense if entry into the ARD program was made less than 10 years ago. A second conviction does not need to be in the same BAC tier to count as a second offense. An experienced defense attorney can help you understand the penalties you are facing, as well as any possible defenses. Often with a DUI, the arrest occurs after a police initiated traffic stop. It is important to know that even if your BAC is over the limit, an illegal stop could be a possible defense, as the BAC would be thrown out. In addition, the BAC test must be performed within two hours of the stop absent exceptional circumstances. A inexcusible delay could be grounds to have the BAC results thrown out. Without those results, the Commonwealth would still be able to present testimony of intoxication, but it is not an automatic finding of guilt as it is with a BAC finding. If you are convicted of a DUI, you face the possible loss of your driver's license. See the chart below for more information. If you refuse the BAC test, you face the possiblity of three days in jail if you are convicted by means other than the BAC test (i.e. field sobriety test). In addition, you will automatically lose your license for one year, regardless of whether you are convicted. The police must follow the proper procedure when you refuse, including giving you a special "refusal" notice, warning you about how you will lose your license for one year. If your defense rests on getting the BAC thrown out, a motion to suppress must be filed before the deadline to file such motions expires. Dawn Cutaia, an experienced criminal defense attorney can help you understand whether filing such a motion is in your best interests. Accelerated Rehabilitative Disposition The ARD program is a popular program designed for first time offenders. A first time offender is someone who has not had an alcohol related conviction (including prior ARD) within the last ten years. With ARD, you may not lose your license, or you may lose it for a much shorter duration (from no loss to a maximum of 60 days). in addition, you face no jail time and if after being on probation for one year you comply with all your probation requirements, your record will be expunged. It is important to speak with an attorney about the ARD program as soon as you are arrested. There are deadlines by which the ARD application must be filed. The York County District Attorney's office is, unfortunately, extremely strict about this deadline and the D.A. simply will not accept late applications. ARD is a viable option for many criminal charges, including Underage Drinking, Serving Alcohol to Minors, Drug Paraphernalia and many other offenses. Intermediate Punishment (IP): This is another program which allows for a portion of a jail sentence to be served via house arrest. Attorney Cutaia can help you apply for this program and discuss with you the requirements of the program. Underage Drinking Just because you are with other people who are drinking, such as a college party or other event, that evidence is not enough to prove you were drinking. You will lose your license with an underage drinking charge, but when you turn 21 you can request that your record be expunged. This expungement does not happen automatically;
5. Bare, Douglas: Drunk Driving or DUI? Driving a motor vehicle under the influence of alcohol or controlled substance that causes you to operate your vehicle unsafely or above the legal level may have a substantial impact on your life. Serious consequences may occur as a result of a conviction including: * Jail time * Fines and court costs * Loss of driving privileges * Probation with restriction * Alcohol and drug treatment * Safe driving programs Many factors control the penalties you may suffer including: * Prior criminal record * Current probation status * Blood alcohol content * Accident * Injuries * Property Damage * Police officer's and victims positions * District Attorney's position Important defense considerations include: * Whether the evidence is adequate? * Facts and circumstances surrounding the arrest * Improper test procedures * Why you were stopped? * Witness statements * Victims and police officer's positions
6. Miller, Poole & Lord: Accelerated Rehabilitative Disposition If you have never been charged with a crime before, or, in some cases, even if you have been charged with a crime before, Accelerated Rehabilitative Disposition (ARD) gives you the opportunity to clear your criminal record. If you have been charged with driving under the influence, you may be facing jail time and loss of your driving privileges. With ARD, you can remove the possibility of jail time, reduce or eliminate the loss of your driving privileges, and have your criminal record expunged. ARD is also available in non-DUI cases.
7. KEARNEY & MARSHALL: Will I lose my license? ThatÕs the top concern of people who have been cited for traffic violations. Yet, a lost license isnÕt the worst possible outcome to a traffic offense. Penalties depend on your past driving record and range from fines, to license suspension, to jail time.
8. Joseph Gothie: I have been arrested for DUI -- now what? Once you have been arrested for DUI, you are put onto a criminal justice assembly line. The process is intensely unpleasant and it is dehumanizing. There is simply no other way to put it. In all likelihood, even if you are innocent or even if your rights have been violated making your arrest illegal, you are branded a criminal by society. You may face the loss of your job. At this point, you have very few friendly faces to turn to. This is why it is so important to have an attorney to represent you. The first thing that you need to do is to accept that your DUI charge is not going to go away on its own. You also need to take active steps to understand the issues you are facing. Most importantly, you need to get an advocate to represent you. You will be opposed in the courts by the police and the District Attorney. You may also face pressure from your employer, your family, friends, acquaintances, and pressure groups, such as MADD. The courts are supposed to be impartial, but no judge was ever elected following a campaign pledge to be "soft on crime." The best you can hope for from the courts is that your case will be unremarkable. You should expect that your DUI will be expensive. Attorney's fees will pale in comparison to what you face in fines, court costs (charged by the county and state -- not by your attorney), increased auto insurance costs, supervision fees, and the myriad other "death by a thousand cuts" nickel and dime charges that get tacked onto your case.
9. Cardenas Law Firm: Alcohol Impairment Charts