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Lancaster, Pennsylvania DUI Attorney

Don’t let the past hold you back.

Mark Walmer of Walmer Law Offices is committed to fighting your driving under the influence (DUI) charges with the knowledge and experience you deserve. Driving under the influence of alcohol or drugs in Pennsylvania is a criminal offense. With over 25 years of experience as both a public defender and prosecutor in the State of Pennsylvania, Mark Walmer is a seasoned attorney who has successfully handled thousands of drinking and driving cases and trials. Receiving a DUI is a scary and stressful experience for anyone, which is why Mark Walmer truly cares about each client and is driven to obtain the best possible results.

Walmer Law Offices exclusively handles driving under the influence charges, drug offenses, juvenile cases in addition to expungements and pardons in the Lancaster, Pennsylvania area with the utmost care, commitment, and attention to detail. Mark Walmer is committed to giving honest, practical advice about the severity of each situation, what to do, and what kinds of penalties and consequences to anticipate. Whatever the facts of your case may be, Mark Walmer will work to find an applicable defense that will make your case as strong as it can be. Don’t let the past hold you back – let Mark Walmer fight for you.

Lancaster County, Pennsylvania Areas Served
  • Lancaster
  • Strasburg
  • Quarryville
  • Columbia
  • East Petersburg
  • Manheim
  • Elizabethtown
  • Mount Joy
  • Lititz
  • Akron
  • Ephrata
  • Leola
  • Bird-in-Hand
  • New Holland
  • Denver
  • Gap
  • Paradise

Court Process

You are probably wondering what happens after you have been arrested. Not every DUI case will go to a jury trial, but some will depending on how complicated they are. You should be on the look out for your Preliminary Arraignment / hearing date notice in the mail – also called a ‘summons.’ The summons will explain the charges against you and may also include the results of your chemical tests.

The next step is the Preliminary Hearing which is held so that the State of Pennsylvania can prove they have some evidence that you likely committed the offense that you are charged with. If the hearing is held, the police officer and witnesses will need to testify and be cross examined by your attorney. You do not need to testify at all. You also have the option of waiving this hearing, which means that you agree to the charges and agree they can be forwarded to the Court of Common Pleas.

The Formal Arraignment is the next court date, which is set by the Court of Common Pleas. It is typically set at the end of the month following your Preliminary hearing. However, in July 2013, the Court of Common Pleas is changing the process so your arraignment will occur in the same month as your preliminary hearing. At the arraignment, your attorney will enter his appearance to represent you and request the police reports in your case.

To find out what happens after the Formal Arraignment, click here.

What’s the legal limit?

In the State of Pennsylvania the legal limit of alcohol consumption is .08% blood alcohol content (BAC). Even if you feel okay driving your car and do not feel impaired, you can still be charged with driving under the influence based what your blood alcohol content reads.

The legal limit was changed to a blood alcohol concentration of .08% from .10% by the Pennsylvania legislature in 2003.

Driving Under the Influence of Drugs (DUID)

Driving under the influence of drugs – illegal, prescribed, or over the counter – is prosecuted similarly to drunk driving cases in the State of Pennsylvania. Regardless of how much is in your system, you will automatically be charged with the same penalties as the highest level of alcohol intoxication.

Prescription or over-the-counter medication can even lead to a DUID conviction. This will largely depend on the officer’s observations of your behavior and performance on the field sobriety test and the Drug Recognition Examination.

Drugged Driving helpCommon Prescription Drugs Associated with DUID:

  • Xanax
  • Secobarbital
  • Seconal
  • Ritalin
  • Adderall
  • Vicodin
  • Lortab
  • Valium

Common Over-the-counter drugs associated with DUID:

  • Sleeping Pills
  • Decongestants
  • Antihistamines

Penalties for conviction of driving under the influence of drugs, whether or not alcohol was involved:

First Offense

  • Three days or up to 6 months in jail
  • Driver’s license suspension for 12 months
  • A $1,000 – $5,000 fine

Second Offense

  • At least 90 days or up to 5 years in jail
  • Driver’s license suspension for 18 months
  • A $1,500 – $10,000 fine