7 Costly Mistakes to Avoid When Facing a DUI in Pennsylvania

Being charged with a DUI in Pennsylvania is a serious matter that can impact your freedom, finances, and future. Unfortunately, many people make mistakes during or after a DUI arrest that make their situation worse.

Understanding these common pitfalls and what you can do instead can help you protect your rights and improve your chances of a favorable outcome.

What is a DUI?

A DUI (Driving Under the Influence) occurs when someone operates a vehicle while impaired by alcohol, drugs, or a combination of both. In Pennsylvania, a person can be charged with a DUI if their blood alcohol concentration (BAC) meets or exceeds legal limits or if their driving is noticeably affected by substances.

Key BAC thresholds in Pennsylvania include:

• 0.08% BAC: Standard limit for most drivers.
• 0.04% BAC: Limit for commercial drivers.
• 0.02% BAC: Limit for drivers under 21 (zero-tolerance policy).

DUI charges can vary based on factors such as BAC levels, prior offenses, or whether the incident involved an accident or injuries. Even if your BAC is below 0.08%, you can still face DUI charges if drugs or other substances impair your ability to drive safely.

7 Mistakes to Avoid When Facing a DUI

Here are some costly mistakes to avoid when facing a DUI in Pennsylvania:

1. Talking Too Much to Police

One of the most common mistakes people make is explaining themselves to law enforcement. While you might think you’re clearing up a misunderstanding, anything you say can be used against you in court. 

What to Do Instead: Politely invoke your right to remain silent and request an attorney. This ensures your rights are protected from the very start.

2. Refusing a Chemical Test Without Understanding the Consequences

Pennsylvania’s implied consent law means that by driving on public roads, you agree to submit to a chemical test if lawfully arrested for a DUI. Refusing the test can lead to an automatic license suspension, even if you’re acquitted of a DUI.

What to Do Instead: Comply with the test and let your attorney challenge the results later, if necessary.

3. Failing to Hire a DUI Defense Attorney Quickly

Some people assume they can handle their case alone or rely on a public defender. While this may save money upfront, it could cost you significantly in the long run if your defense is inadequate.

What to Do Instead: Hire an experienced Pennsylvania DUI defense attorney as soon as possible. They can review the details of your case, identify weaknesses in the prosecution’s evidence, and advocate for your best interests.first-

4. Ignoring the Severity of the Charges

Many people mistakenly believe that a DUI is a minor offense. Even a first-time DUI conviction in Pennsylvania can lead to steep fines, license suspension, mandatory alcohol education programs, and even jail time. The penalties increase with higher BAC levels, repeat offenses, or if there are aggravating factors, such as an accident.

What to Do Instead: Take your charges seriously. Work with your attorney to understand the potential consequences and develop a strong defense strategy.

5. Missing Deadlines or Required Actions

A DUI charge comes with a series of time-sensitive requirements, such as requesting an administrative license hearing to contest a suspension. Failing to act within these deadlines can result in automatic penalties. 

What to Do Instead: Stay on top of all deadlines. Your attorney can help ensure you meet all legal requirements and preserve your rights.

6. Driving on a Suspended License

Driving anyway may seem tempting if your license is suspended due to a DUI—especially if you rely on your car for work or other obligations. However, getting caught driving on a suspended license can lead to additional charges, higher fines, and extended suspension periods. 

What to Do Instead: Explore alternative transportation options or consult your attorney about applying for a limited license that allows restricted driving privileges.

7. Overlooking Potential Defenses

Many people assume that a DUI charge automatically means they will be convicted. However, numerous defense strategies can challenge the prosecution’s case. For example, your attorney may question the traffic stop’s validity, the breathalyzer’s accuracy, or whether proper procedures were followed.

What to Do Instead: Be proactive in exploring all available defenses. A skilled DUI lawyer can identify the best approach to minimize the consequences or even have your charges dismissed.

Protect Your Future with Experienced DUI Representation

By avoiding these common mistakes and working with a knowledgeable Pennsylvania DUI attorney, you can take control of your case and work toward the best possible outcome. At Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC, we have extensive experience defending clients against DUI charges in Pennsylvania.

Whether you’re dealing with a first-time DUI or facing enhanced penalties, we’re here to help. Contact us today at (412) 281-2146 for a free consultation to discuss your case and start building your defense.