DUI Lawyer Erie, PA

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After being arrested for driving under the influence (DUI), you need qualified and experienced legal representation from a DUI lawyer in Erie, PA. Otherwise, your charges may quickly escalate and lead to a variety of penalties, which include license suspension, felony charges, high-dollar fines, jail time, or even worse.

The attorneys at McCormick & Vilushis LLC, in Erie, have extensive local experience handling DUI cases and dram shop laws. Pennsylvania laws are strict, and the trend is that laws passed toughen the DUI penalties for first-time and multiple-time offenders. However, we have the experience and the team required to make a solid DUI defense to protect your rights.

We assist with, but are not limited to:

We serve individuals and families throughout Erie County who are facing DUI charges and need an experienced criminal defense team on their side. Contact us today for legal assistance.

Exploring Alternative Avenues To Resolution

Having a DUI defense attorney on board early in your drunk driving case will help you learn your options and decide on a course of action. For example, for individuals with no (or a very limited) criminal record charged with a relatively minor, nonviolent offense(s) (and generally, the first DUI charge they are facing), Pennsylvania has a unique program called Accelerated Rehabilitative Disposition (ARD).

What is the Accelerated Rehabilitative Disposition (ARD) program?

This unique program encourages Pennsylvania drivers to make a fresh start from a DUI case after participation in a rehabilitative program. It offers them the possibility of a clean criminal record if they successfully complete the program.

If you meet certain qualifications, your case will be placed on hold, and if you continue to meet those requirements, your case will potentially be dismissed completely and expunged from your criminal record.

Frequently Asked Questions Regarding DUI Charges in Pennsylvania

Here are some of the most frequently asked questions that we receive regarding DUI charges in Pennsylvania.

Basically, being impaired means there is enough of a controlled substance in a person’s system that they cannot think clearly or drive safely. Most people are considered “impaired” long before they think they are drunk or high. Even prescription drugs can fall into this category.

The Fourth Amendment protects you from unreasonable search and seizure, so technically, no. However, refusing to submit to a breath or blood test often triggers the state’s “implied consent law.” Under Pennsylvania law, anyone who drives, operates, or is in actual physical control of a vehicle is considered to have given consent to having their blood alcohol level tested if they are being arrested for driving while intoxicated.

Refusing to submit to the breath or blood test often results in at least a one-year suspension of your driver’s license, and you can still be convicted of a DUI without proof of your blood alcohol level. The prosecution may even use the fact that you refused to argue your guilt.

You can be charged with a DUI if you are driving anything with a motor. This includes ATVs, golf carts, boats and even riding lawn mowers.

You could still be charged with a DUI. Pennsylvania DUI laws only require an individual to be in actual physical control of the movement of a vehicle while intoxicated. Even though most people would not be able to operate a vehicle in their sleep, this phrase is vague enough that even being inside your car while drunk can get you arrested. Police can argue you could wake up and drive, or maybe you drove drunk to wherever the car is parked.

Yes, absolutely. The stakes are high in a DUI case — a DUI conviction can result in fines, loss of your license, or even jail time. An experienced DUI defense lawyer can help ensure your rights were upheld during the traffic stop and arrest, and will know how to approach the evidence against you.

Our Experienced DUI Lawyers in Erie, PA Are An Asset To Your Case

After a DUI arrest, consider that the sole presence of a blood alcohol content (BAC) over .08% or metabolites in your body does not make you guilty of the charges you face. Instead, you have a right to defend yourself. That is where our DUI attorneys can help you.

When we work on your case, we ask questions and will thoroughly investigate the due process and look for flaws in law enforcement to design a defense strategy. For instance, did:

  • Does the officer have a reasonable suspicion or probable cause to stop your vehicle?
  • Does the police officer go over the proper warnings before they request your blood or breath?
  • Do you receive an accurate or properly calibrated breathalyzer?
  • You receive a test given within two hours of you having been in “active physical control” of the movement of the vehicle?
  • Did the officer take a video of the incident that matches what they are alleging?
At McCormick & Vilushis LLC, we have over 30 years of experience handling complex DUI charges, DUI checkpoint arrests, and charges related to driving under the influence of drugs (DUID). In addition to our legal knowledge, we will work jointly with drug recognition experts (DREs) to make a solid case for you.

Let A Skilled Pennsylvania DUI Lawyer Work Your Case

You can reach a lawyer in our Erie, PA office by calling 814-455-5362 or using our online contact form today. We are proud to serve the northwestern Pennsylvania area.
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