Being caught while driving under the influence can have severe negative consequences on your life. Depending on your blood alcohol content, you might even have to spend some time in jail. For this reason, you’ll need an excellent attorney local to the Harrisburg, PA area who can help you to minimize your penalties or perhaps even get the case dismissed. Let’s examine what questions to ask your DUI lawyer before you decide to hire them.
7 Questions to Ask Your DUI Lawyer When Seeking Help
1. What Are the DUI Penalties in Pennsylvania?
In Pennsylvania, the implied consent law states that you agree to a blood test when a police officer requests it, so getting convicted for driving under the influence is a reasonably common occurrence. There are several factors that affect the penalty you might face after your conviction. In particular, your blood alcohol content and whether you’re a first-time offender or not will affect the severity of your sentence.
At a minimum, people who are caught driving with a blood alcohol content of more than 0.08% will have to pay a $300 fine. They will also be on probation for six months and go through highway safety school, and sometimes, they might need to take part in drug and alcohol counseling. If this is your second or third offense and you’ve been caught with more than 0.16% BAC, you could go to jail for up to 5 years, and you will pay $1,500.
2. What Are the Three Tiers of DUI?
As mentioned, not all DUI violations are treated the same because you might not be punished as harshly if it’s your first offense and your blood alcohol content is only slightly above the allowable amount. There are three tiers that determine what kind of penalty you might face. Tier 1 is also called General Impairment, and the BAC at this level is 0.08% to 0.099%. You’ll have to pay a fine, but you’re unlikely to go to jail.
Tier 2 is called a High Rate, with a BAC of 0.1% to 0.159%, while Tier 3 is Highest Rate at anything above 0.16%. If your BAC was at Tier 3, you face a harsh punishment that involves jail time, so you should always hire a highly skilled and experienced attorney to minimize the effect that this event has on your life. Your lawyer will be able to tell you more about the tiers and what penalty is likely in your situation.
3. Can You Get My Case Dismissed?
While a DUI conviction is a serious event, there are certain reasons why the case might get dismissed. When you go to your initial consultation with your lawyer, they will go through each detail of your case to determine whether there is any reason the judge might throw out the case. For example, there might have been a breach in protocol when the police investigated your case.
Similarly, there might not have been a good cause for your initial arrest, in which case the actions of the police officers were illegal. Another reason why you might not be convicted is if there is doubt about the accuracy of the breathalyzer used.
4. What Evidence Do I Need?
There are many ways to get a case dismissed or to get the sentence reduced, and you should ask your lawyer about the kind of evidence you’ll need to successfully fight your case. You should try to remember as much about the incident as possible while paying special attention to the conduct of the police officers. Even if you might think that a certain fact isn’t relevant, your attorney may be able to use it to your advantage, so don’t leave anything out.
In addition to verbal and physical evidence you can provide, your lawyer will also look into the breathalyzer used and the relevant lab. Sometimes, the BAC tests are inaccurate, and a high number of false positives in recent lab tests could indicate that you were falsely convicted. This can further help to reduce your charges, or it might even be enough to get your case dismissed.
5. What Are Your Credentials?
Some of the questions to ask your DUI lawyer should be about their own background and their local Harrisburg, PA knowledge, so you can make sure they’re a great fit. Since you will be spending a lot of time with them and paying them a significant sum of money, you need to check that the professional you choose is highly qualified and competent. First, you could find out where they studied and what type of degree they hold.
If the attorney you’re speaking to has attended a reputable university like the Widener University Commonwealth Law School, they have the relevant knowledge and skills to fight for your rights. You should also find out whether they are part of professional organizations because this can indicate that the attorney is interested in keeping up to date with innovations and changes in the law.
6. How Long Have You Been Working in and around Harrisburg, PA?
Although some of the regulations related to DUI are federal, many are local to your state, so you’ll need to work with someone who knows the Pennsylvania laws inside and out. A lawyer who’s been working in the local area for a long time will have the best chance of success because they have the necessary knowledge. They will also know some of the judges and other attorneys in the area, which can affect communication in a positive way.
If your case is more complex and requires the insight of medical professionals or other specialists, a local attorney is much more likely to have the contacts necessary. They will have fought similar cases before and already know whom to get in touch with.
7. How Will You Bill Me?
When debating whether to hire a lawyer or not, one of your main concerns might be how much you will spend on your attorney. What if you need a lot of help and your legal bills start piling up? Before you hire a professional, find out what billing practices the firm has, so you can protect your rights and your personal finances.
Many firms don’t have one simple billing structure in place, but instead, they will look at each client as an individual and determine what works best for the person. They might offer some people a retainer, while others are better served with fixed-price billing. It’s best to ask upfront so that there won’t be any negative surprises later on.
A DUI conviction can lead to serious punishments such as jail time, which can affect the rest of your life, both professionally and personally. That’s why you should do everything you can to fight for your rights and hire a highly competent lawyer. When thinking about what questions to ask your DUI lawyer, make sure you consider both the background of your attorney and case-specific issues.
Not only should you ask about your personal situation and what penalties you might face, but you should also find out whether the lawyer you’re speaking to is qualified to defend you. Their credentials and local Harrisburg, PA experience affect the likelihood of a good outcome for you. Get in touch with us at Jameson Stone in Camp Hill, PA to book your initial consultation with one of our expert DUI attorneys.