DUI

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If you have been charged with Driving Under the Influence of Alcohol or a Controlled Substance, contact this office immediately to talk to a DUI attorney! We provide DUI defense for clients charged with driving under the influence in Lehigh and Northampton Counties (Allentown, Bethlehem, and Easton) and all other counties in Pennsylvania.

Being arrested in Pennsylvania for a DUI is often the starting point of a lengthy, stressful, expensive, and embarrassing process. You may have to appear before multiple courts at multiple court appearances and then you may have to deal with the Department of Transportation. An experienced DUI Lawyer can help you get through this process.

A conviction for drinking and driving may lead to jail time, large fines, a suspended license, and more. Penalties will be even more severe if you’ve already been convicted of a DUI in the past.
A DUI conviction can impact your current job, future job opportunities, your ability to drive, and can cause an increase in your insurance.

If you’ve been arrested for driving under the influence, contact The Law Office of E. Edward Qaqish Consultation to speak with an experienced DUI Lawyer.

Your first DUI?

leave it to a proffesional

Unlike crimes like theft, assault, and burglary, Driving Under the Influence is a crime that a, normally, law-abiding citizen can easily find him or herself being charged with. In fact, for many people, a DUI is their first experience with the criminal justice system.

DUI statutes are located at 75 Pa. Con. Stat. 3802. There are several kinds of DUIs: General Impairment (Incapable of Safe Driving); General Impairment (BAC .08 to .099); High Rate of Alcohol (BAC .10 to .159); and Highest Rate of Alcohol (BAC .16 and higher) are three of the most common. You can also receive a DUI if you are driving with Marijuana or other controlled substances in your system.

If convicted of a first offense DUI, you face a maximum of six months imprisonment, a fine of $5,000, a 12 month suspension, an alcohol highway safety course, and a drug and alcohol evaluation.

What can a DUI attorney do for you?

There are two common options:

1) A DUI attorney can evaluate your case and determine if you have grounds to fight the charge. Even if you were caught red handed behind the wheel of your car, there are legal technicalities that a skilled DUI attorney would be able to argue. Perhaps the stop was not constitutional. Perhaps your BAC of .16 was actually only a .15, thereby putting you at a lower tiered DUI.

2) Lehigh and Northampton counties (as do counties across the state) both have a program for first-time DUI offenders. This program is known as Accelerated Rehabilitative Dispostion (ARD). ARD is a term of conditions such as probation, fines, and license suspension which you complete in exchange for the district attorney dropping the charge against you, and saving you from having a conviction on your record. Admission in to the program is at the discretion of the District Attorney. You should note that ARD is not right for everyone and can carry consequences you may not be aware of. That is why it is crucial that you consult a DUI lawyer prior to accepting ARD.

Pennsylvania’s DUI Statute:

§ 3802. Driving under influence of alcohol or controlled substance.

  1. General impairment —
    1. An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.
    2. An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is at least 0.08% but less than 0.10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.
  2. High rate of alcohol — An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is at least 0.10% but less than 0.16% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.
  3. Highest rate of alcohol — An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is 0.16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.
  4. Controlled substances — An individual may not drive, operate or be in actual physical control of the movement of a vehicle under any of the following circumstances:
    1. There is in the individual’s blood any amount of a:
      1. Schedule I controlled substance, as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act;
      2. Schedule II or Schedule III controlled substance, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, which has not been medically prescribed for the individual; or
      3. metabolite of a substance under subparagraph (i) or (ii).
    2. The individual is under the influence of a drug or combination of drugs to a degree which impairs the individual’s ability to safely drive, operate or be in actual physical control of the movement of the vehicle.
    3. The individual is under the combined influence of alcohol and a drug or combination of drugs to a degree which impairs the individual’s ability to safely drive, operate or be in actual physical control of the movement of the vehicle.
    4. The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. § 7303 (relating to sale or illegal use of certain solvents and noxious substances).
  5. Minors — A minor may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the minor’s blood or breath is 0.02% or higher within two hours after the minor has driven, operated or been in actual physical control of the movement of the vehicle.
  6. Commercial or school vehicles — An individual may not drive, operate or be in actual physical control of the movement of a commercial vehicle, school bus or school vehicle in any of the following circumstances:
    1. After the individual has imbibed a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is:
      1. 0.04% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a commercial vehicle other than a school bus or a school vehicle.
      2. 0.02% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a school bus or a school vehicle.
    2. After the individual has imbibed a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.
    3. While the individual is under the influence of a controlled substance or combination of controlled substances, as defined in section 1603 (relating to definitions).
    4. While the individual is under the combined influence of alcohol and a controlled substance or combination of controlled substances, as defined in section 1603.