Alcohol & Drug Crimes

Alcohol Offenses

An arrest for driving under the influence of drugs or alcohol doesn’t necessarily mean you’ll be convicted. There are several factors our experienced attorneys evaluate to build a strong defense against DUI/DWI/OWI charges but it’s essential to work with an experienced DUI lawyer from the start. 

DUI Penalities for First Offenses

Pennsylvania law considers two factors when a person is charged with drunk driving incident; past DUI convications and blood alchohol content (BAC). If you have prior DUI convictions or other alcohol related offenses combined with a high BAC then you may be facing higher DUI penalties. 

First Offense General Impairment Penalties (0.08% – 0.099% BAC)

First Offense General Impairment is considered a misdemeanor. If you are convicted of General Impairment and have no prior DUI offenses, you could face:

  • Up to 6 months probation
  • $300 fine
  • Substance abuse treatment
  • Alcohol highway safety school

First Offense High BAC Penalties (0.10% – 0.159% BAC)

A High BAC conviction is still considered a misdemeanor, but penalties are raised even for a first offense. If you are convicted with no prior DUI offenses, you could face:

  • 48 hours to 6 months in prison
  • $500 to $5,000 fine
  • 12 month license suspension
  • Substance abuse treatment
  • Alcohol highway safety school

First Offense Highest BAC Penalties (0.16% or Higher BAC)

For convictions involving the highest levels of blood alcohol, the penalties are raised. A Highest BAC conviction with no prior DUI offenses could include:

  • 72 hours to 6 months in prison
  • $1,000 to $5,000 fine
  • 12-month license suspension
  • Substance abuse treatment
  • Alcohol highway safety school  

 

Repeated DUI convictions and alcohol-related offenses will carry a higher level of penalties if convicted, including a higher degree of misdemeanor charges, longer imprisonment and suspensions, increased fines, and possible mandatory use of an ignition lock device on your car. Minors and commercial drivers (bus, taxi, etc.) will carry High BAC penalties even at lower alcohol levels due to Pennsylvania’s no-tolerance approach to DUI offenses.  

Accelerated Rehabilitative Disposition (ARD)

Pennsylvania has an Accelerated Rehabilitative Disposition (ARD) program available to first-time offenders with no prior criminal convictions, however, this is a one-time-only option. If you have never faced criminal charges before, you may be able to complete community service, treatment, and rehabilitation programs as ordered by the court and then petition the court to expunge your record. Cases are considered on an individual basis and may be a great option to minimize the effects a DUI penalty can have on your future. 

The Best DUI Defense Lawyer For Your Case

In order to protect your driving rights and reputation, it’s imperative to align yourself with the best DUI attorney that will look out for you and your future. At The Law Offices of Mark Much, we understand good people can make bad mistakes and we are here to mitigate the consequences of a DUI/DWI/OWI. We will evaluate every case thoroughly to make sure your rights were not violated and work to either dismiss, reduce, or even expunge the charges with a strong defense. Call us today at 610-565-9750 and take the first step in building your best defense against a drunk driving offense.

Drug Offenses

Although other states may decriminalize certain drug offenses, Pennsylvania charges drug convictions as a serious offense with very serious consequences. Aligning yourself with a qualified defense lawyer with drug offense experience is imperative. Penalties for carrying or distributing drugs are some of the toughest in the country. Charges can vary depending on the type of drug and the reasons why an individual is in possession of the drugs.  

Drug Offenses

The most common drugs involved in drug crimes in Pennsylvania involve cocaine, marijuana, and heroin. Enforcement efforts are aimed at stopping the trafficking of drug substances but possession even without intent to distribute is a very serious offense in Pennsylvania. The three most common offenses include:

  • Drug possession- One or more illegal drugs in your possession for personal use, sale, or distribution.
 
  • Possession with intent to distribute a controlled substance: Having one or more illegal drugs in your possession with the intent to sell them. Drug possession with the intent to sell to a minor can carry harsher penalties
 
  • Drug trafficking and distribution- Smuggling, transporting, or delivering illegal narcotics.

Common Pennslvania Drug Charges and Penalties

Once charged with a drug crime in Pennsylvania the penalties are fairly straightforward. Offenders are faced with either a misdemeanor or a felony depending on the amount, class of drug (schedule), and circumstances involved in the case. 

Pennsylvania basic misdemeanors; one or both can apply to a case.

  • carrying up to one year in jail 
  • fine of up to $5,000
 

Pennsylvania felonies- More than one felony can apply to a case and carry a sentence of up to 15 years imprisonment and fines of up to $250,000 per count.

  • Felony Possession with Intent (Drug Trafficking),
  • Felony Possession with Intent To Deliver (PWID),
  • Unlawful Manufacturing
 

Marijuana Laws

In Pennsylvania, marijuana is still illegal, and knowingly or intentionally possessing it could lead to serious charges. At the time of arrest, the amount of marijuana you are in possession of as well as any prior convictions will determine the severity of your penalty. For example, 30 grams or more could result in a maximum of one year sentence and $5,000 in fees, while the same amount as a third offense potentially increases jail time up to 3 years.

Cocaine Laws

Rug charges involving cocaine are determined by the weight in possession at the time of the arrest. Less than 2 grams could result in a one-year jail sentence and $5,000 in fines, while 2 to 10 grams of cocaine could receive a minimum 2-year sentence. Depending on how many offenses are on your permanent record, you could also lose your driver’s license for 6 months to 2 years. Federal offenses for possession and trafficking are much more severe than at a state level and aligning yourself with a qualified attorney is essential during this time. 

Heroin Laws

Heroin is a Schedule 1 drug that is considered the most dangerous and additive in the eyes of law enforcement. As such, the penalties involved with possession of even 1 to 5 grams carry a mandatory minimum 2-year sentence.

In addition to the penalties already covered, the court may require a rehabilitation program for first-time offenses to prevent future offenses from occurring.