DUI Lawyer Erie, PA
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 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
What is the Accelerated Rehabilitative Disposition (ARD) 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.
What does it mean to be impaired / intoxicated?
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.
If I've been pulled over, do I have to submit to a breath test?
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.
What is considered a "vehicle"?
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.
What if I'm just "sleeping it off" in my car?
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.
Do I really need an attorney for a DUI charge?
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
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?