Every Friday we will take a look at some of the most commonly asked questions about Pennsylvania DUI so that we can clear up any misconceptions and provide you with the most up-to-date and accurate information.  Today:

Dear Attorney McShane,

I came across your blog today and found it to have a ton of information about Pennsylvania DUI.  It looks like no other attorney in PA has mastered DUI like you.

A couple weeks ago I was charged with a "High Rate DUI" even though my BAC was recorded as a .085.  The reason stated was because I was involved in a crash.  But the accident wasn’t my fault because I was rear-ended while stopped at a red light.  How can they charge me at a higher level when it wasn’t my fault?

Under Pennsylvania DUI a law, a "DUI accident" can face enhancement.  This means that you can be charged at a higher tier meaning much stricter penalties including mandatory jail time.  Unfortunately, the way the law is structured, the accident does not even have to be your fault.  The fact that you were involved in a vehicular accident allows them to charge you at a higher tier.

In your case I recommend that you seek out a qualified DUI expert to review the details your case.  If you are in the Harrisburg area then one of the qualified DUI attorney at The McShane Firm can review the facts and chart out a course of action to make sure you are treated fairly.

If you would like to ask a question, please submit it via the contact us link.

-Justin J. McShane, Esquire, Pennsylvania DUI Attorney

I am the highest rated DUI Attorney in PA as Rated by Avvo.com

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Board Certified Criminal Trial Advocate
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Justin McShane

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.