|
 The Right DUI Attorneys Can Make A Difference 
James A. Swetz and Brandon R. Reish
Driving Under the Influence (DUI) in Pennsylvania can result in harsh penalties in the form of mandatory prison sentences and license suspensions. However, the right attorney can make a difference. There are alternative treatments such as ARD and House Arrests that can often be negotiated in most DUI cases. When necessary, we are prepared to challenge the stop of your vehicle, examine the procedures used by law enforcement, and to take your case to trial if need be. James A. Swetz, Esquire and Brandon R. Reish, Esquire have over 30 years combined trial experience. In order to fairly evaluate your individual case, it is crucial to schedule a consultation with us to review the individual details of your particular case. Our law firm is located in Stroudsburg, Pennsylvania and we are very familiar with the procedures crucial to a successful DUI Defense in Monroe County, PA, including the towns of Tannersville, Brodheadsville, East Stroudsburg, Stroudsburg, Mountainhome, Marshalls Creek, Tobyhanna, and Pocono Pines. We are also experienced in Pike County and in the Delaware Water Gap National Park. We represent local residents and are familiar with the issues associated with representing out of state residents as well.
Under the present law, the penalties range from 6 months probation to a mandatory sentence of one year in jail and higher. License suspensions can last 30 days to 18 months when they are required. The following information is intended to guide you, but is not legal advice, please call (570) 421-5568 for a consultation:
-ARD and House Arrest
"ARD" refers to a pretrial diversion program available to most first time offenders and certain offenders with a previous DUI. It avoids jail time so long as the participant completes a probationary term and results in a much shorter license suspension or no license suspension. The license suspension depend on the BAC level, presence of controlled substance, and whether you are of legal age to drink -- ranging from no license suspension, 30 days, 60 days, or 90 days. At the end of the program you are entitled to an expungement. However, an evaluation of how an ARD would work in your individual case must come from a consultation.
"House Arrest" refers to an electronic monitoring program. Each county has different rules governing the role of electronic monitoring for DUI Offenders. You may be able to eliminate the need to serve any jail time, and instead serve your sentence from the confines of your own home. An individual assessment must be given to determine the role electronic monitoring may play in your case. Speak with us to learn what to expect from these alternatives and what pitfalls you want to avoid to insure successful completion of the programs. Remember, "The Right Attorney Can Make a Difference."
-Presence or Absence of Criminal History and other Sentencing Factors
While mandatory sentences are required in many DUI cases, Pennsylvania's Sentencing Guidelines also apply to DUI offenses. If you have a criminal record, you may be sentenced to more time than the mandatories provide for that are listed above. Additionally, if there are "aggravating circumstances" in your case, such as a positive drug test at a pre-sentence interview, you may be sentenced more than the mandatory sentence.
-At Trial
If taken to trial, an expert witness may be able to testify regarding variation in the percentage blood alcohol in a borderline case. The knowledge of an attorney who has had experience trying Driving Under the Influence cases before juries and judges of Monroe and Pike Counties Pennsylvania can make a difference.
-Legal Issues
In the past, courts have disallowed the use of a refusal which for a short time resulted in a reduction of mandatory penalties for certain defendants. The difference in the use of a refusal could mean the difference between a 10 day and 1 year mandatory term of incarceration for certain people. Additionally, prior driving under the influence convictions within 10 years of the offense will enhance the potential penalties. For individuals who have a prior out of state driving offense that is similar to driving under the influence in Pennsylvania, but is somewhat different, an evaluation of the out of state statute by an attorney can help determine if you can argue that it should not count. Therefore, it is best to call and speak about your case.
-Collateral Effects
Finally, there are collateral effects of a conviction that need to be considered as well. For serious accident cases, the role of restitution becomes more important. These cases should be treated with more care for other reasons as well, since they may result in different crimes being charged which can result in harsher penalties than an ordinary DUI. Other people may rely on a CDL to make a living or plan to apply for a CDL in the future. How the DUI will effect your CDL or a future CDL needs to be evaluated on an individual basis as well. Ignition Interlocks must also be installed in certain cases. These restitution and licensing questions are a few of the issues that may arise in any given DUI case.
| 