Pennsylvania Drunk Driving Laws

At The McShane Firm, we know that being charged with a DUI in Pennsylvania can be unnerving and confusing, that is why we are here to help throughout the process. If you have a drunk driving in PA charge, you have a right to fight DUI charges in PA. Don’t be confused by complicated PA drunk driving laws contact us and let us help you through the process of understanding what to expect. We have years of experience with PA drunk driving laws and we vow to fight your DUI charges. Let The McShane Firm help you through this unnerving and question-filled time.

Pennsylvania DUI Laws

You can find more information about DUI laws by using the links below:

At The McShane Firm, We Fight DUI Charges

The McShane Firm prides itself on its professionally aggressive representation of your DUI, criminal or traffic matter. We treat every case with extreme care and attention; no detail is left unexamined, regardless of the intensity of the crime. The McShane Firm treats a speeding ticket with the same intensity as we do a triple homicide capital murder case; because we know that each case is important to those involved. Let The McShane Firm fight DUI charges for you and let us help guide you to obtaining a better understanding of PA drunk driving laws. ­­­­­­­­­

What to do When Faced with Arrests and DUI Charges in Pennsylvania

First and foremost, call right away. Don’t panic. There are usually many options. However, depending on your circumstance and your charges, you may have a specific time to respond. Whenever there is an arrest, time is of the essence. Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member. Our toll free service is available 24 hours a day, and we are ready to immediately respond to your crises. We work with you to obtain bail through appearing before the Judge for preliminary arraignment and help in organizing the posting of property, cash percentage or a bail bondsman.

If you are charged with drunk driving in Pennsylvania you have a right to fight DUI and we can help. Let The McShane Firm examine and possibly challenge the following:

  • The reasonable and articulable suspicion for the vehicle stop.
  • The questioning of you at the roadside or afterwards.
  • The Pre-Arrest Breath Test.
  • The Standard Field Sobriety Tests.
  • The probable cause for the arrest.
  • The Breath test and Blood test result themselves. **
  •  The possible PennDOT suspension of your license.

** For Breath and Blood tests, challenges can be made to keep them out of evidence based on previously known equipment malfunctions. In the case of a Breath Test, we can challenge the maintenance, calibration and use of the Intoxilizer 5000 or BAC Datamaster, and examine an argument against the admission of the result into evidence. In the case of a Blood Test, we challenge and look into possible 4th Amendment violations in the officer’s or trooper’s securing of your blood sample and to challenge the collection and subsequent analysis of the blood specimen. Likewise, possible 4th Amendment violations can constitute a basis for refusing to provide a blood sample. Many Breath and Blood Test results are inaccurate due to improper equipment and a number of cases have been thrown out or reduced due to improper equipment, without the help of The McShane Firm, this challenge of evidence could be overlooked.

The McShane Firm can Help Your DUI Case at Your Preliminary Hearing

A preliminary hearing of a DUI or drunk driving case is where a lot of charge bargaining occurs, such as reduction, amendment or the withdrawal of charges. While a preliminary DUI or drunk driving hearing is technically about whether or not the Commonwealth can meet its burden of prima facia before a Magisterial District Judge, the true purpose of this hearing is three fold. First, The McShane Firm can present the case in such a way that all, or some, of the charges are dismissed because there is a lack of competent evidence to sustain the Commonwealth’s burden. Second, it ‘locks’ the testifying witnesses into their stories so that if they change their stories or lie about the situation later on, they can be impeached with their prior inconsistent statement. Third, it establishes and develops potential suppression issues or allows you to preliminarily explore the type and quality of evidence against you. Due to the importance of these three aspects, a preliminary hearing is crucial to your case, and without proper representation, you make it easier to convict you of your DUI or drunk driving case. Even if you feel that you are guilty, an attorney can still achieve some benefits for you for giving up your right to a preliminary hearing. Let The McShane Firm help you with your DUI or drunk driving case and help you avoid going to jail or having to surrender your driver’s license.