Aggravated DUI

Aggravated DUI Lawyer in Harrisburg

Defending Your Rights with a Comprehensive Approach

At The Dorward Law Firm, we understand the serious implications of facing an aggravated DUI charge. With a commitment to defending your rights vigorously, our office in Harrisburg, PA, leverages over ten years of experience in high-quality criminal defense to create personalized strategies tailored to each client's unique circumstances. Our goal is to ensure you receive the focused attention and strategic defense necessary to navigate these challenging legal waters effectively.

When dealing with aggravated DUI charges, it's crucial to have a legal team that not only addresses immediate concerns but also considers the long-term implications for your personal and professional future. Our meticulous evaluation process takes into account everything from arrest details to potential procedural errors, providing a comprehensive approach to your defense. Each strategy is developed to suit your specific needs, focusing on both current legal challenges and future stability.

Facing an aggravated DUI charge? We offer free consultations and are available 24/7. Call (717) 429-0411 or contact us online to speak with an aggravated DUI lawyer in Harrisburg today.

Understanding Aggravated DUI Laws in Pennsylvania

In Pennsylvania, a DUI can be elevated to a felony or a high-level misdemeanor under specific circumstances. The law, found in Pennsylvania Consolidated Statutes (Pa. C.S.) Title 75, § 3802, does not have a separate statute for "aggravated DUI," but rather refers to it as a standard DUI with aggravating factors. 

The key to an aggravated DUI is the presence of these factors, which increase the severity of the offense. A knowledgeable Harrisburg aggravated DUI attorney will meticulously analyze the specific circumstances of your case to determine the exact nature of the charge.

A DUI can be a felony or carry enhanced penalties in Pennsylvania under a few key circumstances:

  • High BAC: Pennsylvania law has a tiered system for penalties based on BAC. The "highest rate of alcohol" is a BAC of 0.16% or higher. A person who is convicted of a DUI with this level of intoxication will face enhanced penalties, including mandatory jail time and a longer license suspension.
  • Repeat Offenses: A third or subsequent DUI conviction is automatically a felony of the third degree, regardless of the defendant's BAC. The penalties for a felony DUI are significantly more severe than a misdemeanor, and a conviction can result in a lengthy prison sentence.
  • DUI with a Child Passenger: If a person is arrested for a DUI while a minor under the age of 18 is in the vehicle, the charge is automatically enhanced. A first or second offense with a minor in the car is a misdemeanor of the first degree, punishable by up to five years in jail and a fine of up to $10,000. A third or subsequent offense with a minor in the car is a felony of the third degree.
  • DUI Causing Injury or Death: If a person, while driving under the influence, causes serious bodily injury or death to another person, the charge is automatically a felony, regardless of prior convictions. A DUI that results in a serious bodily injury can be charged as Aggravated Assault by Vehicle While DUI (§ 3735.1), a felony of the second degree. A DUI that results in the death of another person can be charged as Homicide by Vehicle While DUI (§ 3735), a felony of the second degree.

A skilled aggravated DUI lawyer in Harrisburg will take on this charge with the utmost seriousness.

The Pennsylvania Criminal Defense Process for Aggravated DUI Charges

The legal process following an aggravated DUI arrest can feel overwhelming, but it follows a predictable series of steps. Our job is to guide you through each stage, ensuring your rights are protected and that you have a strategic advocate in our corner. 

We are an aggressive aggravated DUI lawyer in Harrisburg who understands the intricacies of the Pennsylvania legal system.

  1. Investigation and Arrest: The process begins with a traffic stop where the officer looks for signs of impairment. Remember, you have the right to remain silent and, in some cases, the right to refuse certain tests.
  2. Preliminary Arraignment and Preliminary Hearing: After your arrest, you are brought before a judge for a preliminary arraignment to be informed of the charges and set bail. For felony cases, a preliminary hearing is a critical opportunity to challenge the state's evidence and cross-examine witnesses.
  3. Formal Arraignment and Discovery: Your case will be formally arraigned in the Court of Common Pleas. At this stage, we will obtain and review all the evidence the prosecution intends to use against you, including police reports, dashcam footage, and lab results.
  4. Plea Negotiations or Trial: We will engage in negotiations with the prosecutor to reach a favorable plea agreement. However, we are always prepared to take your case to trial.
  5. Sentencing: If you are convicted, we will present mitigating evidence and arguments during sentencing to seek the most lenient sentence possible.

Building a Strategic Defense Against Aggravated DUI Charges

Every case is unique, and we develop a defense strategy tailored to your specific circumstances. 

As a seasoned Harrisburg aggravated DUI attorney, we will leverage every possible defense, including:

  • Challenging the Traffic Stop: An officer must have reasonable suspicion to pull you over. If the stop was illegal, all evidence obtained as a result may be suppressed.
  • Disputing Field Sobriety Tests (FSTs): These tests are notoriously unreliable. We can argue that your performance was affected by medical conditions, fatigue, or environmental factors rather than intoxication.
  • Questioning Chemical Test Accuracy: The accuracy of breathalyzer and blood test results can be challenged based on issues with the equipment, the testing procedures, or the chain of custody. We can argue that a false positive was caused by mouth alcohol or that the test was not administered correctly.
  • Disputing Causation: In a felony DUI case, we can argue that your driving was not the direct cause of the injuries, or that the injuries were not as severe as the prosecution claims.
  • Constitutional Violations: We will challenge any violation of your rights, such as an unlawful search and seizure or a coerced confession.
  • Challenging Prior Convictions: The state must prove that your prior convictions are valid. If we can challenge the validity of a prior conviction, it may prevent the enhancement of your current charge.

Our Proven Track Record & Credibility

Under the leadership of Shawn Dorward, our firm's accolades, such as the Regents Choice Award, demonstrate our ongoing commitment to legal excellence. Along with certifications from respected institutions like the American Chemical Society, we offer informed advocacy distinct from more general legal practitioners. 

Focusing on DUI cases, we provide top-tier defense services backed by a proven track record of successful outcomes.

We take pride in the impact we've made on clients' lives, consistently delivering successful outcomes through thorough preparation and strategic case management. Our approach is client-focused and results-driven, emphasizing both the immediate resolution of legal obstacles and the long-term well-being of the individuals we represent.

Our reputation in the Harrisburg community as a reliable and ethical legal ally is pivotal, underpinning the trust our clients place in us to handle even the most complex DUI defenses with integrity and dedication.

Navigating the Aggravated DUI Process in Harrisburg

The Dorward Law Firm guides clients through the intricate process of handling aggravated DUI charges. 

Here’s what our structured approach entails:

  • Initial Consultation: Free assessments to grasp your case nuances, paving the way for a customized defense plan.
  • Evidence Collection & Analysis: Thoroughly challenging the validity of tests and arrest practices using detailed investigative techniques.
  • Legal Representation: Advocating on your behalf in negotiations, hearings, and trials, aiming to achieve the best possible outcomes.

Our initial consultations are comprehensive, designed to build a solid communication foundation. We prioritize understanding your account of events in detail, knowing that small details can pivotally influence defense strategies. We employ stringent investigative methods, questioning every piece of evidence to challenge the prosecution's arguments effectively.

Get the Legal Support You Need Today

In choosing our firm, you're securing more than just a legal service; you’re gaining an ally genuinely invested in achieving the best outcomes for you. We prioritize alleviating your concerns and ensuring your path through the legal system is as straightforward and supportive as possible. From initial consultation to resolution, we're proactive, informed, and fully engaged in promoting your best interests.

At The Dorward Law Firm, we are committed to providing premium legal support and guiding you through each step of the process. Contact us online or call (717) 429-0411 to schedule your free consultation. 

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Experience You Can Count On

  • Charges Dismissed 2 separate DUI’s
  • Charges Dismissed 2nd Offense Aggravated Assault by Vehicle While DUI.
  • Charges Dismissed 2nd Offense DUI
  • Charges Dismissed Driving Under Suspension DUI Related
  • Charges Dismissed DUI Charges for CDL driver

What Makes Us Different?

  • We are specifically trained in DUI defense. Visit our bio to learn more!
  • We offer payment plans for your convenience.
  • Over 10 years of legal experience defending the accused.
  • We make ourselves available whenever you need us.