Bensalem PA DUI Lawyer

Bensalem Township, Pennsylvania, is home to many local restaurants and landmarks, including Parx Casino, Philadelphia Racetrack, Michael’s Restaurant and Diner, and Saint Katherine Drexel Mission Center and Shrine.  In addition, Bensalem, Pennsylvania, has a diverse population of over 63,000.  Unfortunately, the township of Bensalem has one of the highest driving under the influence arrest rates in Bucks County, PA, due to the high number of residents.  Therefore, hiring an experienced Bensalem PA DUI lawyer is critical if the police charge you with driving under the influence.

DUI Lawyer Bensalem PA

As an experienced Bensalem criminal defense lawyer, I have spent over a decade defending individuals charged with driving under the influence in Bensalem, Pennsylvania.

Therefore, I can explain all available DUI defenses, DUI penalties, and, if applicable, sentencing alternatives such as Bucks County Restrictive Probation (also referred to as DUI home confinement with electronic monitoring).

Contact me at (215) 752-5282 for a free initial phone consultation, or fill out the confidential contact form for an immediate response.

DUI Enforcement

The Bensalem Police Department’s address is 2400 Byberry Road, Bensalem, PA, 19020.  The police department is located directly across the street from the Bensalem court house.

Also, the Bensalem Police Force employs approximately 69 patrol officers who aggressively enforce Pennsylvania’s DUI laws throughout the municipality.

The DUI enforcement area for the Bensalem Police includes Street Road (Route 132), Route 1, and Bristol Pike.  In contrast, the Pennsylvania State Police primarily make DUI stops within Bensalem, PA, on the Pennsylvania Turnpike (I-276) and Interstate 1-95.

The Most Common Bensalem PA DUI Offenses

• Driving under the influence of alcohol
• Driving under the influence of a controlled substance (marijuana)
• Driving under the influence of alcohol and a controlled substance (alcohol and Xanax, marijuana, THC, heroin, cocaine, methamphetamine)

How Will I Receive Notice of My Bensalem DUI Charges?

Unfortunately, most people don’t understand what happens when you get arrested for DUI.  In most cases involving misdemeanor DUI charges, the Bensalem District Court will send you a summons to appear.

The papers will include a list of your DUI charges, a fingerprint order, and a hearing notice listing the date and time of your DUI preliminary hearing.

Also, the Bensalem District Court staff will send the DUI summons to you by certified mail and regular mail.  Finally, you should receive the criminal complaint, preliminary hearing notice, and fingerprint order in the mail within three weeks of your DUI arrest.

What Happens at a Bensalem DUI Preliminary Hearing?

The preliminary hearing is the first legal proceeding in the case and takes place at the Bensalem district court.  At the preliminary hearing, the prosecutor must present sufficient evidence to convince the magisterial district judge to hold over the DUI charges to the next stage of the case.

The Bensalem DUI case will proceed to the Bucks County Justice Center in Doylestown, Pennsylvania, if the district attorney can establish probable cause to prove all of the elements of the DUI charges at the preliminary hearing.  For more information, please read the blog post: Bucks County DUI preliminary hearing strategies.

What is a DUI Fingerprint Order?

Once local police or Pennsylvania State Police file the DUI charges, you will receive a document referred to as a fingerprint order.  A fingerprint order is a document you receive in the mail requiring you to report for fingerprinting and processing at the police department within 30 days.

The district court will mail you the fingerprint order, criminal complaint, and preliminary hearing notice.

How Do I Make an Appointment for Fingerprinting?

You can schedule an appointment to complete the DUI processing at the Bensalem Police Department located in the Bensalem Township Municipal Building at 2400 Byberry Road, Bensalem, PA, 19020.  The police department is across the street from the Bensalem courthouse.

The non-emergency phone number for the Bensalem Police is (215) 633-3719.  Also, bring a copy of the fingerprint order when you appear for processing at the police department.

Fingerprinting and processing take approximately 20 minutes.  Above all, it is critical to contact my office at (215) 752-5282 once you receive your DUI charges.

Where Will my Bensalem DUI Preliminary Hearing be Held?

The local and state police file their DUI cases in two magisterial district courts in Bensalem, PA.  In addition, the Bensalem District Court staff will typically schedule your preliminary hearing approximately four weeks after filing the charges.

Also, you can find the district court’s location and contact information in the upper left-hand corner of the criminal complaint you receive in the mail.

District Court Bensalem

Contact Info	Contact Info
Magisterial District Judge Michael W. Gallagher Mag. Dist. No. 07-1-01 2404 Byberry Road Bensalem, PA 19020 (215) 638-1040 dc7101@buckscounty.org	Magisterial District Judge Joseph P. Falcone Mag. Dist. No. 07-1-12 3101 Bristol Road Suite 7 Bensalem, PA 19020 (215) 741-3501 dc7112@buckscounty.org

 

Why is Body-Cam Evidence Important in My DUI Case?

The Bensalem Township Police and the Pennsylvania State Police employ body-camera and dash-camera recordings of DUI traffic stops and arrests in Bensalem, PA.  When activated, body-cam and dash-cam recordings will capture the audio and video of a DUI car stop and all of the circumstances leading up to the DUI arrest.

Why is it Important to Preserve Body-Cam Evidence in a DUI Case?

A skilled DUI attorney should request the audio and video recordings from the DUI investigation as early as possible in the case.  As a result, I will often send a preservation letter to the Bensalem Police Department Chief of Police or the Pennsylvania State Police Commissioner to ensure that the police do not destroy the recordings before the DUI trial.

How to Use Body-Cam and Dash-Cam Evidence to Get Your DUI Charges Dismissed

Body-cam and dash-cam audio and video of the DUI investigation will provide a DUI lawyer with a first-hand view of the suspect’s pre-arrest driving behavior, conduct after the car stop, physical appearance, and all other interactions between the police officer and the driver.

In the past, the police would rely solely on police reports and their memory to justify a DUI traffic stop and arrest.  Fortunately, a skillful DUI lawyer can often use body-cam and dash-cam evidence to demonstrate that a DUI vehicle stop and arrest was illegal.

As a local Bensalem PA DUI attorney, I will request the audio and video recordings from the DUI investigation as early as possible in the case.  In addition, I will send a preservation letter to the Bensalem Police Department Chief of Police or the Pennsylvania State Police Commissioner to ensure that the police do not destroy the recordings before the DUI trial.

DUI Lawyer Bensalem

I have handled over 1,500 DUI cases as a criminal defense lawyer.  Most importantly, I successfully resolved most cases in the Bensalem court.  My office is in the lower part of Bucks County near both Bensalem District Courts.

I am familiar with the Bensalem Township Police Officers and the Pennsylvania State Troopers who patrol Bensalem, PA.  Above all, I understand the Bensalem District Court procedures for the preliminary hearing, bail, and plea negotiations in a DUI case.

I Analyze All of the Evidence to Develop a DUI Defense

Once retained, I will examine every aspect of the DUI stop, arrest, and chemical testing procedures to develop all possible DWI defenses in your case.  For example, the requirements for establishing probable cause to arrest an individual for a marijuana DUI are much different than those for an alcohol-related DUI case.

In addition, I will analyze each stage of the case to determine if the police violated your constitutional rights.  Finally, if the police infringed upon your constitutional rights, I will file a Motion to Suppress Evidence to seek a dismissal of your DUI charges.

Pennsylvania’s Zero-Tolerance Cannabis DUI Law

Pennsylvania is among many states that have enacted a zero-tolerance marijuana DUI law.  Under current Pennsylvania law, a person can be charged with driving under the influence of marijuana if they operate a motor vehicle with any amount of a Schedule I (cannabis, THC) controlled substance or its metabolite in their system within 2 hours of driving.

What are THC Metabolites in a Marijuana DUI?

Tetrahydrocannabinol (THC) is the parent drug or active chemical substance in marijuana.  However, a person’s body quickly metabolizes (breaks down, absorbs) the THC parent drug into several different metabolites.

The most common inactive metabolite of THC is tetrahydrocannabinol (THC-COOH).  Unfortunately, THC metabolites remain in an individual’s body for as little as 3 days or as long as 30 days for chronic users.

As a result, you may face a marijuana DUI charge even if you smoked the marijuana many hours or sometimes days before the police arrested you.

In addition, Pennsylvania’s zero-tolerance DUI law does not require that the police prove that the driver operated the vehicle while impaired by marijuana.

For example, the law allows the police to charge you with DUI if the parent drug or metabolite of marijuana is in your system within two hours of driving.  However, there are many ways you can fight a DUI marijuana charge.  Call me at (215) 752-5282 to discuss the most effective DUI defense.

Can You Fight a Controlled Substance Metabolite Only DUI?

Yes.  The majority of controlled substance metabolites only DUI charges involve the presence of inactive metabolites.  Most toxicology experts will admit that the existence of inactive metabolites of drugs in your bloodstream is unlikely to cause impaired driving.

Therefore, it is crucial to consult with a DUI attorney and a toxicologist if the police charge you with a drug-related DUI where drug metabolites and not the parent drug are discovered in the DUI lab report.

How to Fight a Marijuana DUI in Bensalem

The police use specific procedures for assessing whether a driver is under the influence of marijuana. However, in many instances, the police will not follow the proper field sobriety testing protocols before concluding that a person is driving under the influence of marijuana.

As a consequence, challenging the reliability of the police field sobriety tests is a proven technique to get a judge to dismiss a cannabis DUI case.

Challenge the Qualifications of the Police Officer Who Conducted the Field Sobriety Tests

You would be surprised how little training the Bensalem police and state troopers get in properly administering DUI field sobriety tests. In addition, only a few local police are certified as Drug Recognition Experts (DRE). DRE qualification typically requires over 100 hours of training both in the classroom and the field.

Similarly, only a small number of state and local police officers have Advanced Roadside Impaired Driving Enforcement (ARIDE) certification. ARIDE is typically a 12 or 16-hour course to provide the police with general knowledge of drug impairment.

Because of this, I have been able to get many DUI cases thrown out due to the officer’s lack of training and failure to follow the proper field sobriety testing procedures.

Show the Police Failed to Follow Proper Lab Procedures

The police often neglect to follow appropriate procedures in collecting, transporting, and testing blood evidence in marijuana DUI cases. As a result, I have been successful in getting the court to dismiss many controlled substance DUI cases at the magisterial district court Bensalem PA and the Bucks County Court of Common Pleas.

Did the Police Violate Your Rights During the DUI Car Stop?

To find out, read my blog post: When Does a Prolonged Police Traffic Stop Violate Your Constitutional Rights in PA?

Bensalem DUI Penalties

Are you trying to determine what penalties you may face for your DUI case?  If so, review the Pennsylvania DUI Penalties page on my website.  The page provides information on mandatory jail time, fines, DUI suspension requirements, and house arrest eligibility.

DUI Attorney Bensalem

Have you been charged with DUI in Bensalem, PA?  If so, I will use my extensive skills and experience as a Bensalem DUI lawyer to fight your case and help minimize the penalties you may face.

Contact me for a free initial phone consultation at (215) 752-5282 or fill out the confidential contact form for an immediate response.