Delaware County Felony DUI Attorney

During 2017 in Pennsylvania, there was an average of 28 alcohol-related vehicle accidents per day. In Delaware County that year there were seven alcohol-related fatalities, an increase of roughly 14% over the prior year. The following data shows some clear patterns associated with these accidents in Pennsylvania.

  • 74% of drivers in alcohol-related crashes were male
  • 71% of alcohol-related crashes occurred during non-daylight hours
  • 37% of fatal accidents during holiday weekends were related to alcohol
  • There were 83 alcohol-related crashes on New Year's and 123 over Memorial Day weekend

DUI in Pennsylvania

Driving under the influence of alcohol or controlled substance (§3802) is an offense that states an impaired motorist may not drive “operate or be in physical control” of the movement of a vehicle. Any impaired motorist is one that has consumed a quantity of alcohol that makes them unable to safely operate a vehicle. Testing may be done to measure the concentration of alcohol using a blood or breath test. The threshold for this measurement of BAC is .08%.

Drivers are also prohibited from operating a vehicle when their blood contains a Schedule I drug or its metabolites. Schedule I substances are likely to be abused and have no medical use in the U.S. This also applies to Schedule II and Schedule III controlled substances when they are not medically prescribed. Schedule II drugs are prescription drugs that are likely to be abused.

Aggravated Assault DUI

A driver who is found to be operating a vehicle under the influence of alcohol or a controlled substance is generally charged with a misdemeanor offense. If the offender was involved in an accident at the time and caused severe bodily injury, they may be charged with aggravated assault by vehicle while driving under the influence. This is a second-degree felony offense, which is punishable by up to 10 years in prison and a maximum fine of $25,000.

Homicide DUI

The charge of homicide by vehicle while driving under the influence occurs when the motorist “unintentionally causes the death of another person.” The offense may be either a second or first-degree felony offense. The upgrade to first-degree occurs when the driver has had a prior DUI or similar type of conviction. A first-degree felony offense is punishable by a prison sentence of up to 20 years and a fine of up to $25,000.

Common Defenses

Your defense attorney will need to employ a defense that is based on the individual circumstances of each case; however, there are some commonly seen defenses.

  • That it has not been proved that you were impaired. This is often used when there were no definitive chemical tests that are contrary.
  • That the traffic stop prior to the arrest violated your rights. One example would be if you were subjected to a DUI checkpoint stop that did not properly conform to the guidelines.
  • That the testing was improperly conducted or that the equipment used was not reliable at the time

Pennsylvania Criminal Defense Attorney for Felony DUI Cases

Those who have been arrested for driving under the influence of alcohol or a controlled substance may be charged with a felony offense when injuries or fatalities occur. Attorney Joseph D. Lento represents clients in these cases by closely reviewing the accident details, evidence, and key facts in order to create an effective strategy of defense. Contact the office today for a consultation at (888) 535-3686.

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Attorney Joseph D. Lento has more than a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

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