DUI Attorney Philadelphia

You’ve worked hard to get where you are in life. Your family and friends are justly proud of you. Now, due to an act of misjudgment, you are facing a DUI accusation that will now affect your life for years to come. For the sake of your freedom and reputation, you do not want one bad night to consequently haunt you for the rest of your life! With all of this at stake, you need an aggressive and knowledgeable DUI defense lawyer to represent your case. At The Law Offices of Greg Prosmushkin, P.C. our credentials are unmatched in the Philadelphia area; but more importantly, we have unmatched experience when it comes to fighting and winning DUI cases.

Driving Under the Influence (DUI) is a serious offense. In Pennsylvania, a DUI is a crime under the vehicle code. Even for a first offense, you can face jail time, suspension or loss of license, and severe financial consequences.

There are other consequences in addition. Since DUI is a criminal offense, any person charged with DUI will be fingerprinted and booked, and their information will go into what is known as the National Crime Information Center (NCIC). This is significant because once your information is in NCIC, the fact you were arrested for DUI will show up on a standard employment background check. In Pennsylvania, arrests are also public information. Therefore, anybody with an internet connection will be able to find out if you were arrested or convicted of DUI.

What Is a DUI?

You can be charged for a DUI if, as a result of intoxication, you are incapable of driving safely, as defined in case law, or if you have a Blood Alcohol Content (BAC) of .08 or above. Additionally, to be charged, you have to be “in actual physical control” of a vehicle, and the vehicle must be on a “public roadway.”

Actual physical control means in a position to control the vehicle. So, if you are in the driver’s seat pulled off to the side of the road, but the keys are in your hand, you are in actual physical control of the vehicle, and can be charged with DUI if you are incapable of driving safely or have a BAC of 0.08 or above.

This may not seem fair, since many people will try to “sleep it off” in their car but, unfortunately, courts have consistently said that when you can easily have control of the car, you are in “actual physical control.”

Philadelphia DUI Attorney

Public roadway means any road that is open to the public and/or is used regularly by members of the public. Most roads in Pennsylvania are open to the public. However, there are some exceptions. One prominent example is a car which is down a long private driveway, or a car which is “off-roading” in a field.

Finally, you have to be in “a vehicle.” If you are in a car, this is obviously a vehicle. However, some people are surprised to learn that there are things other than a car can be a vehicle. A Pennsylvania prosecutor once famously said that it, “doesn’t matter whether you’re in a car, bike, or a horse, it’s still a DUI,” if you are in actual physical control. ATV’s, bicycles, unicycles, and horses have all been deemed “vehicles” by Pennsylvania when it comes to DUI.

Attorney in Philadelphia for DUI

If you have been charged with a DUI, you need representation. As you can tell from the above, DUI cases can become very complicated. You need someone who knows the law, and can determine if there is a way to reduce the charges or win outright.

The attorneys at The Law Offices of Greg Prosmushkin, P.C. have decades of experience handling DUI cases in the Philadelphia area and surrounding areas. We have handled thousands of cases, and have the knowledge necessary to get your case reduced in penalties, or else to win it outright. Call us for a free consultation today.

This content was written on behalf of Greg Prosmushkin.