Arrested for Drunk Driving in Pennsylvania? 5 Reasons Why It’s Worth Fighting Your DUI

If you’ve been arrested for drunk driving in Pennsylvania, is it worth fighting your DUI? Or, is it time to accept what happened and move on?

While it might not seem like it’s worth trying to fight your DUI charge—especially if you got caught driving drunk—the reality is that there are several important reasons not to give up without a fight. Not only can a DUI conviction have several serious consequences, but you also have several options for avoiding these consequences.

Here Are Five Reasons to Fight if You Are Facing a DUI in Pennsylvania

Why shouldn’t you accept what happened and move on? Here are five important reasons to fight if you are facing a DUI in Pennsylvania:

1. Pennsylvania’s DUI Penalties Are Substantial

First and foremost, Pennsylvania’s DUI penalties are substantial. Whether this is your first DUI or you are being charged as a repeat offender, a conviction could lead to consequences including (but not limited to):

• Financial Penalties – In Pennsylvania, DUI convictions can carry hundreds or thousands of dollars in fines and other financial penalties. First-time offenders can face fines of up to $5,000 depending on their blood alcohol concentration (BAC), while repeat offenders can face fines of up to $10,000.
• Jail Time, Community Service, and/or Probation – DUI convictions can also carry jail time, community service, and/or probation in Pennsylvania. First-time offenders can face up to six months of jail time depending on their BAC, while repeat offenders can potentially face anywhere from five days to five years behind bars.
• Driver’s License Suspension and Ignition Interlock Device – DUI convictions in Pennsylvania can also lead to a driver’s license suspension, mandatory ignition interlock device installation, or both. Getting your driver’s license back and having your IID monitored and checked carry financial costs as well.

2. You Will Face Other Substantial Costs Because of Your DUI

Along with court-imposed penalties, DUI convictions can lead to other substantial costs as well. For example, in addition to the penalties discussed above, a DUI conviction could also lead to:

• Inability to Drive (and Associated Costs) – If you can’t drive your car because your driver’s license has been suspended, you will need to find another way to get around. Of course, you’ll also need to keep making your car payments, which means that any rideshare or public transportation costs you incur will be on top of what you already pay.
• Career Consequences – Regardless of what you do for work, a DUI conviction can have serious consequences for your career. Having a DUI conviction on your record will make you a much less desirable job candidate for most employers, and if you have a professional license, a DUI conviction could potentially lead to a reprimand, suspension, or revocation.
• Other Consequences – From academic or military discipline to consequences for your child custody rights or immigration status, a DUI conviction in Pennsylvania can have a variety of other consequences as well. To ensure that you are making informed decisions, you should talk to an experienced Philadelphia DUI defense lawyer who can help you understand all of the consequences that are on the table.

3. You Can Fight Your DUI Regardless of the Facts of Your Case

In Pennsylvania’s criminal justice system, you can fight your DUI regardless of the facts of your case. For example, even if you got caught driving drunk, an experienced Philadelphia DUI defense lawyer may be able to protect you from a conviction by asserting defenses such as:

• Reliability Issues with the Prosecution’s Evidence – To serve as evidence of guilt, the prosecution’s evidence needs to be reliable. If there are reliability issues with your BAC reading, your field sobriety test (FST) results, or any other evidence prosecutors intend to use against you, this could be enough to save you from a conviction.
• Constitutional Issues with the Prosecution’s Evidence – Along with reliability issues, constitutional issues can prevent prosecutors from using their evidence against you as well. For example, if the police stopped you without reasonable suspicion or arrested you without probable cause, this could render the prosecution’s evidence inadmissible in court.
• Insufficient Evidence that You Broke the Law – To secure a conviction, prosecutors need to be able to prove that you violated Pennsylvania’s DUI statute. Even if the prosecution’s evidence is reliable and admissible, if it isn’t enough to prove that you broke the law, you are entitled to a “Not guilty” verdict at trial.

4. No Matter What, a Conviction is Not Guaranteed

While a conviction is a very real possibility when you are facing a DUI in Pennsylvania, it is also important to understand that under no circumstances is a conviction guaranteed. Even if you got caught driving drunk—and even if prosecutors have reliable and admissible evidence of guilt—you may still have options, including:

• Accelerated Rehabilitative Disposition (ARD) – If you qualify for accelerated rehabilitative disposition (ARD), you may be able to avoid a DUI conviction without going to trial.
• Plea Bargain – Negotiating a plea bargain that reduces your charge to a “wet reckless” will also allow you to avoid a DUI conviction without a trial.
• Relying on the Prosecution’s Burden of Proof – Even if prosecutors have the evidence they need, they must still be able to convince the judge or jury that you deserve to face the life-altering consequences of a DUI conviction.

5. Fighting Your DUI Could Be Your Least Costly Option

Finally, while there are costs involved in fighting a DUI charge, fighting to avoid the consequences we’ve discussed above could be your least costly option. If your lawyer is able to help you avoid a DUI conviction—whether through ARD, a plea bargain, or representation in court—your legal representation will have been well worth the investment.

Request a Free Consultation with Philadelphia DUI Defense Lawyer Brian Fishman

Do you need to know more about fighting a DUI in Pennsylvania? If so, we strongly encourage you to get in touch. To request a free consultation with Philadelphia DUI defense lawyer Brian Fishman, call us at 267-758-2228 or tell us how we can get in touch online today.