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A second or third DUI can result in steeper penalties than a first-offense DUI.  If a subsequent offense happens within ten years of a previous convictions, courts will take the prior DUI into consideration for sentencing purposes.  Depending on your blood alcohol content (BAC) and the circumstances in the case, you may be facing high fines and a term of imprisonment. 


At the Law Office of Michael F. Niznik, our number one goal is to protect your freedom and keep you out of jail.  We will explore every available option for your case.  We can determine whether you may be eligible for alternative sentencing options such as work release or house arrest.  Your eligibility for these programs depends on a number of factors and having a DUI attorney who is familiar with these programs is extremely important.


No matter which DUI statute you have been charged under, you can challenge a DUI on a number of grounds:


  • Probable Cause: An officer must have reasonable suspicion to stop your vehicle and probable cause to request that you perform field sobriety tests or submit to a breathalyzer.


  • Sobriety Test: These tests are nothing more than an opinion of whether or not you are intoxicated by an officer whose job it is to gather evidence of your guilt. There are only three nationally recognized field sobriety tests and the results should be challenged in court by an experienced attorney.


  • Breathalyzer Test: The Intoxilyzer 5000 is under heavy fire in Pennsylvania and numerous other states. The results simply are not accurate and the machine does not do what it purports to do.


  • Officer training: Officers need specialized training to conduct a DUI investigation and arrest. Likewise, special training is required to administer a breath test.


  • Officer conduct: The overall conduct and experience of an officer at the scene can be challenged.


  • Diversion: You may be eligible for the state's Accelerated Rehabilitative Disposition (ARD).


  • Plea Bargain: Your attorney may be successful in seeking a reduction or dismissal of the charges.

If you or someone you know has been charged with a DUI/DWI, do not delay in contacting an attorney. Attorney Michael F. Niznik will review your case and offer you a free consultation regarding the charges. 



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