Our Easton DUI Lawyers provide Aggressive DUI Defense in Lehigh County, Monroe County & Northampton County.
Defend Your Rights with Madsen Law Offices: Premier DUI Lawyers in Easton, Bethlehem, and Allentown
Facing a DUI charge in Northampton County or Lehigh County can significantly impact your freedom, driving privileges, livelihood, and reputation. Understanding the gravity of this situation, Madsen Law Offices, home to some of the top DUI attorneys in Easton, is committed to defending your rights. Our skilled DUI lawyers have a proven track record of successfully challenging DUI cases in both Northampton and Lehigh Counties, helping our clients avoid severe penalties, including jail time and license suspensions.
Navigating DUI Penalties in Lehigh Valley with Expert DUI Defense
In Easton, Bethlehem, and Allentown, the consequences of a drunk driving arrest hinge on factors like your blood alcohol concentration (BAC) and any prior DUI/DWI convictions or ARD (Accelerated Rehabilitative Disposition) usages. DUI offenses typically carry mandatory minimum sentences and license suspensions. However, our experienced DUI defense attorneys, well-versed in the intricacies of Pennsylvania DUI law, are adept at mitigating these penalties. In many instances, our strategic legal approach enables us to reduce the mandatory DUI consequences, and in some cases, even achieve dismissal of the charges.
Your Trusted DUI Defense in the Lehigh Valley
As the leading DUI law firm in the Lehigh Valley, Pennsylvania, our commitment at Madsen Law Offices goes beyond legal representation. We strive to safeguard not just your legal rights but also your future, standing as your dedicated DUI defense attorney in Easton, Bethlehem, and Allentown. Whether you’re seeking an affordable DUI lawyer, the best DUI attorney for a first offense, or an expert in drunk driving law, our team is here to provide exceptional legal support and guidance.
Contact Madsen Law Offices today to navigate the complexities of your DUI case with a top DUI lawyer in Easton, Bethlehem, or Allentown, PA, and protect your rights and future.
Top 10 Things to Know About DUI in Pennsylvania
Understand the DUI Process: The DUI process typically begins with a traffic stop, followed by field sobriety tests and chemical tests (blood draw or breathalyzer). Refusing a chemical test can lead to additional penalties.
Mandatory Jail Sentences: Pennsylvania law mandates jail time for DUI convictions, even for first offenses. Alternative programs like ARD and IPP may offer lesser sentences.
Legal Representation is Crucial: A DUI is a criminal offense, and having an attorney can significantly impact the outcome of your case.
Court Appearances: You will be required to appear in court, where the charges against you will be addressed.
License Suspension: Expect a likely suspension of your driving license, with the duration depending on the severity of the offense.
Limited License Options: There may be options for a limited license, allowing you to drive under certain conditions even with a suspended license.
Financial Consequences: A DUI conviction comes with hefty fines, which can vary based on the offense tier.
Tiered Penalty System: Penalties are based on your Blood Alcohol Concentration (BAC) level at the time of arrest, with higher BACs resulting in harsher penalties.
Impact on Criminal Record: A DUI conviction will remain on your record and can affect future employment and travel opportunities.
Substance Abuse Evaluation: You may be required to undergo a full drug and alcohol assessment and comply with treatment as a condition of sentencing.
We discuss all of these items in much more detail below.
Maximize Your DUI Defense with Early Intervention by Madsen Law Offices
In DUI cases within Northampton and Lehigh Counties, the sooner Madsen Law Offices gets involved, the more effectively we can defend your case. Our Easton DUI attorneys have demonstrated the significant impact of prompt action. In one instance, a client from Northampton County contacted us immediately following a Bethlehem DUI arrest. Thanks to their quick thinking and our rapid response, our dedicated DUI lawyers managed to get the DUI charges dismissed. This achievement marks us as the only DUI law firm in Northampton County to successfully dismiss a DUI case through early intervention and independent blood test analysis.
Navigating DUI Charges in Allentown, Bethlehem, and Easton: Essential Knowledge
Unfortunately, early intervention isn’t always possible in DUI cases across Lehigh and Northampton Counties, making DUI education crucial. If you’re pulled over for DUI in Allentown, Bethlehem, or Easton, remember these key points:
Proactive DUI Defense Strategy at Madsen Law Offices in Easton
For individuals charged with DUI in Northampton or Lehigh County, engaging the services of our Easton DUI Office at the earliest opportunity, ideally before the preliminary hearing, can significantly impact the outcome of the case. At Madsen Law Offices, we delve deep into the details of your DUI incident, reviewing events from hours before to at least two hours after the traffic stop. This comprehensive approach allows us to uncover aspects beyond the police encounter that could lead to an acquittal or dismissal of DUI charges in Easton, Allentown, and Bethlehem.
Thorough Examination of DUI Charges and Evidence
Our skilled DUI lawyers meticulously examine DUI Charging Documents for any potential defects. Where beneficial, we proactively identify and interview witnesses to the alleged DUI incident, ensuring no stone is left unturned. Additionally, we focus on preserving critical evidence such as police dashcam footage and security camera recordings, which can be pivotal in your case.
Tailored Legal Strategies for Optimal Results
Understanding that each DUI case in Lehigh County and Northampton County is unique, we strategize a personalized plan aimed at achieving the best possible outcome. This plan may involve pursuing a trial, exploring alternative sentencing programs, or considering the Accelerated Rehabilitative Disposition (ARD) program, depending on the specifics of your situation.
Unyielding DUI/DWI Defense at Every Hearing in Lehigh and Northampton Counties
At Madsen Law Offices, we approach every DUI/DWI hearing in Lehigh and Northampton Counties with meticulous preparation and a commitment to an aggressive defense strategy. Our Easton DUI lawyers are steadfast in protecting our clients’ rights and challenging DUI charges with rigor and expertise.
Strategic Approach to Preliminary Hearings and ARD Consideration
If Accelerated Rehabilitative Disposition (ARD) isn’t a viable option, or its likelihood seems dim, our approach intensifies at the preliminary hearing stage. Here, we aim to dismantle any allegations suggesting our client was incapable of safe driving. We scrutinize every detail, from the validity of the initial DUI stop in the Lehigh Valley to the subjective nature of the field sobriety tests, along with questioning the officer’s training and proficiency in conducting these tests.
Advocating for Suppression of Evidence and Legal Accuracy
Should the DUI charges progress past the preliminary hearing, our skilled DUI attorneys in Easton are prepared to file motions for the suppression of evidence. We also assertively argue against any procedural or legal missteps, such as challenging a District Judge’s probable cause determination.
Taking Cases to Trial When Necessary
Our Easton DUI Lawyers are fully equipped and ready to take Lehigh County or Northampton County DUI cases to trial when it serves the best interest of our clients. We are dedicated to delivering a robust defense and exploring every legal avenue to secure a favorable outcome.
Contact Madsen Law Offices for Expert DUI Defense
If you’re facing DUI/DWI charges in Easton, Bethlehem, Allentown, or anywhere in Lehigh or Northampton Counties, trust Madsen Law Offices for unparalleled legal representation. Our team of top DUI lawyers is committed to offering a formidable defense, whether it’s challenging the initial stop, contesting the evidence, or representing you at trial.
Reach out to Madsen Law Offices today for a consultation with affordable DUI attorneys who are well-versed in navigating the complexities of DUI/DWI cases in the Lehigh Valley.
Client was charged with 2nd Offense DUI with a refusal enhancement and faced a mandatory minimum sentence of three (3) months. Through aggressive preliminary hearing representation and motion practice, the Commonwealth’s case was severely handicapped and the DUI charges were withdrawn on the eve of trial.
Client was charged with Hit & Run. After applying for ARD and being denied, pre-trial motions were filed which resulted in the case being dismissed in the Court of Common Pleas and all criminal charges being dropped.
Client was charged with 3rd Offense, High-Tier, DUI and faced a one-year mandatory minimum prison sentence. Through pre-trial motions related to faulty O’Connell warnings, the charges were reduced to Low-Tier DUI charges and client spent 10 days in county work release rather than one year in state prison.
Client was charged with Fleeing and Eluding police. Aggressive representation at the preliminary hearing led to all criminal charges being dismissed before the case reach the Northampton County Court of Common Pleas.
DUI Penalties & License Suspension in the Northampton County, Lehigh County, and Pennsylvania as a whole, vary greatly, as seen in the above DUI Chart. DUI Penalties in Pennsylvania depend upon the blood alcohol content (BAC), the number of previous arrests in the past 10 years, whether a there was a refusal to submit to chemical testing and many other factors.
In addition to possible incarceration, fines and suspensions, many DUI convictions in Northampton County and Lehigh County may result in the loss of Second Amendment Firearm Rights and Immigration Consequences.
When Easton Police, Bethlehem Police, Allentown Police, The Pennsylvania State Police or any other local police department conducts a DUI stop, they often follow a certain set of standard DUI policy and procedures. Our Easton DUI Lawyers are well versed in this standard script. The stop should always begin with either a moving violation or an equipment violation, the basis for the stop will always be an important factor in a DUI case. The officer will then ask the driver for his documentation, license and registration. The officer will state that he smells drugs or alcohol and will ask the driver how much he or she has had to drink. Next, the police officer will have to driver exit the vehicle and ask them to perform DUI field sobriety tests (FSTs). The officer will often then administer a portable breathalyzer test, a PBT. If the officer believes there is probable cause for an arrest the will then transport the driver to the local DUI Testing Center in Easton, Allentown or Bethlehem.
All of the Field Sobriety Tests, FSTs for short, suffer from a number of problems undermining their accuracy. A skilled Lehigh Valley DUI Lawyer will take advantage of these flaws. The very first which is a lack of regular training of Easton, Allentown & Bethlehem police officers in administering DUI tests. All of the test are impacted by stress and external factors on the roadside. Finally, many police safety procedures are directly at odds with the DUI tests. For example, Lehigh Valley police are trained to always keep themselves between a suspect and their police vehicle. However, this same policy requires that the driver face the police vehicle, with its flashing lights, while taking the FSTs. The reliability of the DUI arrest is diminished due to the distractions created by these lights.
For an overview of the common Field Sobriety Tests administered by Police in a Lehigh or Northampton County DUI arrest, read below.
First and foremost, the HGN test is not admissible in a DUI trial in Easton, Allentown & Bethlehem. Nonetheless, Lehigh Valley police continue to use this supposed test. A skilled Lehigh or Northampton County DUI Defense Lawyer will not allow the HGN test to be used at trial.
Nystagmus is an involuntary jerking of the eyes. Nystagmus can be brought on by alcohol but also has numerous other causes. For the test to have any value, both the police officer and the test individual must be qualified for the test. With the rare exception of a police officer with a medical degree, police are not qualified to give this test. The person administering the test must also qualify the person being test. As the vast majority of police are not qualified to give the test, they are unqualified to qualify the tested individual.
The HGN test has been found to be 77% accurate if performed by a qualified medical professional. As it is the most accurate FST, if performed correctly, this explains why it is still regularly used despite being inadmissible in court.
For a much more in depth overview of the HGN test look at our sample HGN cross examination from a real Northampton County DUI case.
During the walk and turn test the police officer asks the driver to take 9 heel-to-toe steps in one direction, turn and take 9 more heel-to-toe steps back to the starting position. The officer then looks for 8 clues, or indicators of intoxication during a Lehigh Valley DUI stop:
There are a number of problems with the Walk-And-Turn DUI test. It should be administered on level, hard, dry ground and rarely is. The individual accused of DUI must be wearing comfortable footwear. (If I had a dollar for each time an officer administered this test to a poor woman in heels I would retire already). The alleged DUI driver must also be under 60 years of age and moderately physically, and mentally, fit for the test to have any value.
Government funded studies have found that, even when performed under perfect conditions, the walk-and-turn test is only 68% accurate.
For a more detailed explanation of the problems with this test, see our sample walk-and-turn cross-examination from an actual DUI case conducted by our Northampton County DUI Lawyers.
When conducting the one-leg stand test during a DUI stop, Lehigh Valley police instruct the alleged DUI driver to stand with one foot approximately sex inches off the ground and count aloud until the officer tells them they can stop. (which should happen in 30 seconds). The One-Leg-Stand-Test has four clues, or indicia of intoxication:
Problems with the one-leg-stand test include: unsuitable surface conditions, a lack of physical or mental fitness in the DUI suspect, improper footwear, improper timing by the police officer and any movement by the police officer can cause imbalance in the tested individual.
The federal government has found that, even when conducted under perfect conditions, the one-leg-stand test is only 65% accurate.
Read our Lehigh Valley DUI Lawyers’ actual cross-examination on the one-leg-stand test from an actual Northampton County DUI case for more information.
Northampton County makes ARD available for many first offense DUIs in Easton, Wilson, Forks, Palmer, Bethlehem, Bangor, Northampton and the surrounding areas. Northampton County has no centralized DUI Court and may deny ARD for DUIs involving accidents, minors in the vehicle, and certain BAC concentrations. Application to the Northampton County DUI ARD program must be made via a formal Northampton County DUI ARD application prior to Formal Arraignment.
Lehigh County makes ARD available for first time offenders in Allentown, Bethlehem and the surrounding areas. Lehigh County has a centralized DUI Court where case may be routed for ARD. All DUI preliminary hearings are held at the Lehigh County Courthouse before a magisterial district judge who rotates each week. While the application process is more formal in Lehigh County, court dates typically last longer than in Northampton County. Judge Reichly has the final determination on ARD acceptance in Lehigh County DUI cases.
Northampton County offers the Alternative Sentencing Program, commonly known as DUI ASP, for second offense DUIs in Easton, Bethlehem and the surrounding areas. There are certain requirements for the Northampton County DUI ASP program for second offenses, but acceptance in the ASP program can greatly reduce mandatory minimum incarceration in Northampton County Prison. However, the program does not eliminate jail time altogether but rather reduces it through a combination of work release and house arrest.
Lehigh County has no formal second offenders program for DUI offenses. However, Lehigh County is more liberal with grants of house arrest and work release than surrounding counties. While a conviction for second offense DUI in Northampton County can almost never avoid incarceration completely, Lehigh County will allow the entire sentence to be served via house arrest in many cases. However, if you elect to take advantage of house arrest, Lehigh County will often double the period of supervision.
Pennsylvania has recently made restoring your license after a DUI easier through increased availability of ignition interlock as well changing the way time calculations are done. However, failing to restore, or reinstate, your drivers license after a DUI Suspension can have harsh consequences.
Once a Driver’s License is suspended due to a DUI in Northampton County or Lehigh County, that suspension remains “DUI related” until it is restored. So, even if the Pennsylvania DUI convition carries only a 30 day suspension, if the driver is pulled over 60 days later without restoring his or her license, the driver will be subject to the harsh driving under DUI suspension penalties.
1543(b) – First Offense
A First Offense 1543(b) carries a $500 fine, an additional one (1) year license suspension and a mandatory 60 day prison sentence.
1543(b) – Second Offense
Carries a $1000 fine, (1) year of additional license suspension and a mandatory 90 day prison sentence.
1543(b) – Third and Subsequent Offenses
Carries a $2,500 fine, one (1) year of additional license suspension and a mandatory prison sentence of 6 months.
1543(b)(1.1) – First Offense
A First Offense 1543(b) carries a $1000 fine, an additional one (1) year license suspension and a mandatory 90 day prison sentence.
1543(b)(1.1) – Second Offense
Carries a $2,500 fine, (1) year of additional license suspension and a mandatory prison sentence of six (6) months.
1543(b)(1.1) – Third and Subsequent Offenses
Carries a $5,000 fine, one (1) year of additional license suspension and a mandatory prison sentence of two (2) years.
First time offenders, or those whose first offense is over 10 years old, may be eligible for the DUI ARD program. ARD stands for Accelerated Rehabilitative Disposition and the program has a number of benefits to those charged with first-offense DUIs.
The DUI ARD program can often greatly reduce the license suspension that may result from a Lehigh County or Northampton County DUI conviction and also an individual to completely avoid the mandatory minimum DUI prison sentences and jailtime. Ask our Northampton County DUI Lawyers for more information.
Lehigh County, Monroe County and Northampton County all offer the DUI ARD program but the requirements in each county differ greatly. Some counties will not allow DUI ARD if your BAC (Blood Alcohol Content) is above a certain level while other counties may not allow ARD if you are charged with certain other offenses along with the DUI. In many cases, our Easton DUI Attorneys may be able to overcome the exceptions to ARD admission.
While DUI ARD is generally the best option in most cases, it is not always the best option for everyone. In certain, rare, cases you may actually be able to avoid a license suspension completely by not accepting DUI ARD. Speak with our Northampton County DUI Defense Lawyers in Easton, Pennsylvania for more details.
Whether or not House Arrest will be an option in your DUI case depends on a few factors, not least of which is whether the DUI occurred in Northampton County or Lehigh County. Lehigh County is fairly liberal in granting House Arrest but may often double the DUI sentence from what it would be without House Arrest. On the other hand, Northampton County very rarely offers House Arrest outside of its DUI ASP Program. Ask our Northampton County DUI Defense Attorneys in Easton for more information.
While ARD is the only method available to completely remove mandatory minimum sentences and convictions, many other programs exist to make sentences more tolerable. These programs and their availability may differ from Lehigh County to Northampton County.
• House Arrest – DUI House Arrest allows an individual to serve a sentence from the comfort of their residence. When on House arrest, you will be able to go to work, school and run errands but you may be required to operate on a set schedule approved by the DUI probation or parole department.
• Work Release – DUI Work Release allows an individual to maintain their employment and attend priority personal obligations but requires time not spend working or doing other pre-approved activities to be spent in a community corrections center. Some counties also allow individuals to take periods of up to 48 hours of furlough or “vacation” time to visit with family members and sleep at home.
• ASP – Northampton County typically does not permit a House Arrest only sentence but allows for a quick step-down program of a brief period in actual jail, followed by a period of Work Release and finally a period of House Arrest.
• TCAP – TCAP is a unique treatment program oriented towards those with serious drug and alcohol problems who have been charged with a third offense DUI. While TCAP may reduce a one (1) year mandatory minimum sentence to 90 days, the incarceration and intensive treatment makes maintenance of employment all but impossible. For this reason, given the choice, many defendants may opt for a long sentence that offers immediate work release.
Contact our Northampton County DUI Defense Lawyers in Easton for more information.
ASP stands for Alternative Sentencing Program and is available for many Second Offense DUIs in Northampton County DUI Court.
It allows a 30 day DUI sentence, that would otherwise be served in prison, to be structured with 7 days spent in the West Easton Work Release Detention Center and the remaining 23 days of the DUI sentence served on House Arrest.
DUI ASP also allows the 90 day mandatory minimum DUI sentence to be structured in such a way as to allow for 7 days spent in Northampton County Prison, 23 days spent in the West East DUI Treatment Center and the remaining 60 days to be spent in DUI House Arrest.
Speak with one of our Easton DUI Attorneys in Northampton County regarding your eligibility for the Northampton DUI ASP Program.
All DUI’s except for first offense, lowest tier, DUIs have a mandatory minimum jail sentence. However, jailtime can be completely avoided via the ARD program for first offense DUIs. Jailtime in second offense DUIs can be avoided or reduced via alternative sentencing programs such as ASP or house arrest.
A first offense, low tier, DUI in Pennsylvania has no license suspension. Other first offense DUIs have a one year license suspension but these can be reduced to 30 to 60-days via ARD. Most other DUIs have a license suspension ranging from 1-year to 18-months.
A Northampton County DUI case, like a Lehigh County criminal case, begins with the filing of the charging paperwork in the Magisterial District Court. The District Court serves as the gatekeeper for the Court or Common Pleas and does not decide guilt or innocence.
The Preliminary Arraignment is the first court date a defendant must attend in a Lehigh County or Northampton County DUI case. At the preliminary Arraignment the MDJ will set bail on the DUI charges. If an arrest warrant has issued, this will occur prior to the preliminary hearing. If a preliminary hearing was scheduled via summons, the Preliminary Arraignment will occur simultaneous to the Preliminary Hearing.
In a Lehigh County or Northampton County DUI Case, preliminary hearings are the first opportunity for the Defense to test the evidence the Commonwealth of Pennsylvania plans to bring against them. While the burden the Commonwealth of Pennsylvania must meet at this level is very low, it is a critical stage of the defense because it allows your Lehigh & Northampton County DUI Attorney the opportunity to lay the strategic groundwork that may make or break a DUI defense in the upper courts. You should never waive a preliminary hearing without a DUI attorney from Easton, Allentown or Bethlehem.
Formal Arraignment is the first court appearance in the Court of Common Pleas during a Lehigh County or Northampton County DUI case. The purpose of the Formal Arraignment is to inform defendants of certain rights they have and deadlines in their case. If negotiations by your DUI Attorney have led to a favorable plea agreement in your DUI case, a plea may be entered at this court date
Depending on the individual Lehigh Valley DUI case, any of the following types of court hearings may occur after formal arraignment but before a trial:
• Diversionary Program Hearing – Diversionary Programs allow defendants a path through the criminal justice system that does not risk the chance of conviction. First time offenders may be eligible for the DUI ARD program. Other defendant’s may be eligible for Mental Health Court regardless of whether they have prior convictions.
• Habeas Corpus Hearing – A Habeas Corpus hearing, like a preliminary hearing, may be held to contest the sufficiency of the Commonwealth’s DUI evidence prior to a trial.
• Suppression Hearing – A suppression hearing may be held to have evidence illegally obtained by the police ruled inadmissible at trial. This usually relates to the DUI stop itself or the blood draw in a Lehigh Valley DUI case.
• Guilty Plea – If the Commonwealth and the defendant agree upon the terms of a guilty plea in Lehigh Valley DUI case, a plea may occur at any time throughout the DUI court process
In many DUI trials, cases proceed in front of a jury. However, sometimes it may be best to opt for a non-jury trial. Non-jury trials are most often used when the nature of the crime is one that risks a jury finding someone guilty based upon emotion rather than facts.
If the case precedes as a jury trial the judge, the prosecutor and the defense attorney will question potential jurors. Each side, without any justification, can eliminate a certain number of jurors. Another number of potential jurors can be eliminated based on a list of legal justifications. Eventually, through this process, a jury is reached and seated for trial.
After a jury is chosen, the trial begins with opening statements.
Because the government has the burden of proof, the prosecutor is allowed to make his opening statement first. The defense will then have the option of making an opening statement or waiting until after the prosecution rests its case.
Defense lawyers usually opt to deliver opening statements immediately after the prosecution so that jurors can examine the government’s evidence under the defense’s theory of the case.
After the opening statement(s), each side has the opportunity to present its case.
The prosecution must present its case first. During this time the government presents evidence and elicits testimony from its witnesses. The defense is entitled to cross-examine each witness that the government calls. The prosecution must establish each charge beyond a reasonable doubt.
When the prosecution rests, the defense presents evidence to the jury. If the prosecution’s case is weak, the defense may argue to have the case dismissed at this point. If the motion is denied the defense will go forwards with its case.
After the prosecution and criminal defense lawyer have rested their case, each side will have the opportunity to make a closing argument. The defense lawyer delivers the first argument and the prosecution follows him or her.
The defendant may testify as a witness in his or her defense. However, doing so opens the door for the prosecution to attempt to discredit the witness and in many cases allows the prosecution to bring up harmful information from the defendant’s past.
While the prosecution must establish its case beyond a reasonable doubt, the defense has no obligation to present a case. When advantageous the defense may rely solely upon raising a reasonable doubt in the prosecution’s case.
After the closing arguments, the judge will read specific instructions to the jury outlining the legal standards necessary to decide if the defendant is to be found guilty or not guilty. The jury then leaves the courtroom to deliberate the case.
If all jurors cannot reach a unanimous decision, the jury is “hung,” and the case may be dismissed or it may be tried in front of a new jury.
If you need any legal assistance in the Lehigh Valley, please feel free to contact us. Our Easton Law Office will get back to you within one business day. Or, just call us now.
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