The law in Pennsylvania says that a person is guilty of D.U.I. if he/she drives, operates or is in physical control of the movement of a vehicle after drinking an amount of alcohol that makes him/her incapable of safe driving.
A person is also guilty of D.U.I. if he/she drives, operates or is in physical control of the movement of a vehicle and that person’s blood alcohol level is .08% or higher within 2 hours of driving the vehicle.
ASK ABOUT ARD (probation, no jail, no record)
If this is your first dui and you don’t have any prior criminal record, you may be eligible for the ARD program which stands for Accelerated Rehabilitation Disposition. ARD is usually a 6 month probation program where there is no incarceration. In most cases, there is a 30 or 60 day loss of driver’s license. The driver must attend Alcohol Highway Safety Classes and many counties will require that a specific number of community service hours be completed. Upon successful completion of all of the ARD requirements, the attorney must prepare the appropriate legal paperwork and file it with the court to enable your arrest record to be expunged or destroyed.
HOUSE ARREST/HOME CONFINEMENT
If the driver is ineligible for the ARD program, some, but not all, counties in Northeast Pa. may allow the driver to serve a sentence for a 2nd or 3rd dui in house arrest or home confinement. This program allows the driver to remain home during the sentence and continue working. The driver is restricted to the home during the sentence.
Almost all dui cases result in either admission into the ARD program or a guilty plea. However, some dui cases should be challenged at trial or through pretrial motions where the legality of the arrest is challenged. Atty. Munley has represented hundreds of people in dui cases and has extensive experience conducting dui trials and pretrial motions challenging the dui arrest.
Fees for representation in dui cases at Atty. Robert J. Munley and Associates are always reasonable. There is no need for you to pay an exorbitant fee for a dui case. What you absolutely need is an experienced dui attorney who will protect your rights and make sure you gain admission into the dui program you are eligible for. Equally important is a guarantee that if you successfully complete the ARD program that your attorney expunges your record. Otherwise, you will have a dui arrest record forever. Our firm guarantees you that we will file the required paperwork at the appropriate time to get your record expunged. Our fee covers all of your required court appearances, phone calls, negotiations with the prosecutor, and thorough completion of all of your court paperwork, especially your expungement paperwork in an ARD case. There are never additional fees.
If you are charged with a dui in any of the counties in Northeast Pa., call or contact our office to discuss your case. We will let you know if your case should be challenged through a trial or pretrial motions. If appropriate, we will do everything possible to help you gain admission into the ARD program, or if that’s not possible, we will explore the possibility of a house arrest/home confinement sentence.
Dealing with a DUI can be a difficult ordeal. However, a DUI charge doesn’t always lead to a conviction. On a daily basis, people plead guilty to drunk driving charges in spite of highly questionable state evidence, and it’s often due to the lack of a competent DUI lawyer at their side. The firm of Attorney Robert J. Munley combines specialized knowledge of Pennsylvania’s DUI protocols with expert legal counsel.
With every case, we investigate how the police acted when they pulled you over. We ask these questions:
- Did the police have a reasonable suspicion to pull you over?
- Did the police have probable cause to arrest you?
- Did the police read you the Miranda Warning?
- Did the sobriety tests follow proper protocol?
- Was police video of the arrest reviewed?
Drunk driving cases are rarely cut and dry. If the prosecution has an exploitable weakness in their case, we will find it. If the police acted inappropriately, or if there is evidence that is favorable to you, we use every opportunity to reach the result you want. We will obtain lab reports, police reports, and other evidence to build our defense. If there is an opportunity to negotiate with the state to have the charges reduced or dismissed, we will pursue it. If we cannot reach an agreement with the prosecutor, you are entitled to a bench trial in front of a judge, and we will fight for a “Not Guilty” verdict.
The judicial system is complicated, and many defendants don’t know how to navigate it. The law can be vague; your rights can be misunderstood. By fighting a DUI charge without proper counsel, you are risking your freedom and livelihood. An expert DUI lawyer like Robert J. Munley has the experience to give you the legal guidance you need.