Philadelphia DUI Defense Lawyer
Facing criminal charges can be overwhelming no matter what type of crime you are accused of
committing. However, with driving under the influence (DUI), a conviction may carry serious
penalties that could have a profound impact on you for years to come. If you have been
accused of drinking and driving, not only do you need to worry about criminal penalties, but
collateral consequences as well. Fortunately, when you need a powerful legal advocate to help
you dodge a conviction, a top-rated Philadelphia DUI defense lawyer from Ciccarelli Law Offices
may be able to help.
When you hire a skilled Philadelphia criminal defense attorney from our firm, you can breathe a
sigh of relief knowing the weight is no longer on your shoulders alone. Let us take over your
defense strategy and help you pursue the most favorable outcome possible based on the
circumstances of your case. Contact our legal team to schedule a free consultation today and
learn more about which defenses are most common in DUI cases, how strong the state's case
against you may be, and gain insight into the possible penalties that may follow if you are found
guilty.
What Happens if You Are Found Guilty of Drunk Driving in
Philadelphia?
Your criminal history and blood alcohol concentration (BAC) levels will determine the severity of
the charges you could face under 75 Pa. § 3802. For example, if you are convicted of a first-
time DUI with a BAC that reaches or exceeds .08% but is less than .099%, you could spend up
to six months on probation and be fined up to $300, among other penalties.
However, if your BAC levels reach or exceed .16%, or you are accused of driving under the
influence of a controlled substance, as a first-time offender, you could spend up to six months in
prison, your driver’s license could be suspended, and you could be ordered to pay up to $5,000
in fines. These penalties only increase when you have additional DUI convictions on your
record.
Philadelphia DUI Defense FAQ
Can my DUI conviction be expunged in PA?
Yes, DUIs are eligible for expunction under 18 Pa. C.S. 9122. You must meet specific
requirements to qualify for expungement. You may need to complete an accelerated
rehabilitative disposition (ARD) program in accordance with 234 Pa. Code Chapter 3 to get your
DUI expunged from your record. However, even after fulfilling the program requirements, you
will need to wait a minimum of 10 years from the date of your conviction before you will be
eligible to have your record sealed.
Additionally, if you were charged with a DUI, but the charges against you were dismissed or you
were found not guilty, the DUI charges can be expunged from your record. It is important to
know that individuals who were convicted of a DUI with a high blood alcohol content or have
multiple DUI convictions on their record may find themselves ineligible for expunction.
What are the alternatives to a criminal sentence after a DUI?
There are several possible alternatives you may be able to take advantage of if you have yet to
be convicted or were recently convicted of drunk driving. If you are still facing criminal charges,
your DUI lawyer with Ciccarelli Law Offices may be able to work with the prosecuting attorney to
get you enrolled in an ARD program.
Here, once you have completed the terms of the program, the prosecutor dismisses the charges
against you. However, even after completing an ARD program, you should still expect your
driver’s license to be suspended if your blood alcohol concentration levels reach 0.10% or
higher.
The judge could also decide that sentencing you to jail or prison would not be to your benefit or
that of the community. The judge may require you to complete a drug or alcohol treatment
program or place you on probation. If you violate the terms of your probation, you may find
yourself facing additional criminal charges under 234 Pa. Code Rule 708.
Will I get bail after a DUI?
You may be granted bail despite your DUI charges. The judge presiding over your case will take
a closer look at the charges against you, your criminal record, and the specific details of your
case to determine whether bail should be awarded, and, if so, what bail should be set at. If
anybody was injured or killed due to your alleged drunk driving, and the judge believes you may
be a threat to the community, they have the authority to deny bail.
For this reason, it will be up to your DUI defense attorney in Philadelphia to show the judge that
you pose no threat to the public, will abstain from the use of drugs or alcohol while your charges
are pending, and will appear at your court date as expected. If bail is granted, you will need to
post a bond to secure your release.
What are stacked criminal charges?
Stacked criminal charges refer to the prosecutor charging you with multiple criminal offenses
related to a single event. For example, if you are accused of driving under the influence, the
prosecutor may also find it appropriate to charge you with reckless driving under Title 75 § 3736
or vehicular manslaughter under 75 Pa. § 3732 if you are accused of causing a collision that
resulted in a severe bodily injury or death.
One of the biggest issues with stacked criminal charges is that the judge can order your
sentences to be served consecutively instead of concurrently. If this happens, your time in jail or
prison could be significantly longer.
What if someone was killed in a DUI car accident?
If someone was killed in a DUI car accident you are accused of causing, you could expect to be
charged with vehicular homicide in addition to facing your drunk driving charges. Vehicular
homicide is generally charged as a third-degree felony. If convicted, you could have your
driver’s license suspended for up to three years, spend up to seven years in a Pennsylvania
state prison, and be fined up to $15,000.
Turn To a Strategic DUI Defense Lawyer in Philadelphia for Help Today
While DUI charges may be common, the criminal penalties associated with a guilty verdict may
be far more severe than you were expecting. The Commonwealth has cracked down on drunk
driving in the hopes of reducing the number of injuries and deaths associated with DUIs. For this
reason, preparing the strongest defense strategy possible should be a top priority.
While you abstain from drug and alcohol use, figure out ways to give back to your community, or
write a statement expressing remorse, your dedicated Philadelphia DUI defense attorney from
Ciccarelli Law Offices can complete a comprehensive investigation and gather the evidence we
need to secure an acquittal or convince the district attorney to allow you to enter pretrial
diversion. Discuss your legal options further when you contact our law office to schedule your
confidential consultation. Reach us by phone or through our secured contact form to get started
on your defense strategy as soon as today.
Consequences For First-Time Offenders
First-time DUI offenders generally face lesser penalties than those who have previously had a DUI. However, the consequences for a first-time offender will depend on the initial blood alcohol level at the time of the arrest. First-time penalties are as follows based on blood alcohol levels listed:
- BAC between .08 and .099:
- Ungraded misdemeanor charge
- Up to 6 months on probation
- $300 fine
- Alcohol safety school requirement
- Treatment when ordered
- BAC between .10 and .159:
- Ungraded misdemeanor charge
- 12-month license suspension
- 48 hours to 6 months in jail
- $500 to $5,000 fine
- Alcohol safety school requirement
- Treatment when ordered
- BAC above .16:
- Ungraded misdemeanor charge
- 12-month license suspension
- 72 hours to 6 months in jail
- $1,00 to $5,000 fine
- Alcohol safety school requirement
- Treatment when ordered
If you have been arrested for a DUI for the first time, please do not take this to mean you should not seek legal assistance. These consequences can be severe, but an attorney can step in on your behalf and handle the process for you. They will be the ones to handle all communication and negotiation with the prosecutor in order to help alleviate some of the consequences you face.
Consequences For Repeat Offenders
Individuals in Philadelphia and throughout Pennsylvania who receive subsequent DUI offenses will almost inevitably face more severe consequences if convicted. Again, just like the DUI penalties for a first-time conviction, the penalties for subsequent convictions depend on the blood alcohol level at the time of the current arrest. The punishments for a person with one and then two or more prior DUI offenses are listed below:
BAC between .08 and .099
- 1 prior DUI:
- Ungraded misdemeanor
- 12-month license suspension
- 5 days to 6 months in jail
- $300 to $2,500 fine
- Alcohol safety school requirement
- Treatment when ordered
- Ignition interlock device for 1 year
- 2 or more prior DUI:
- 2nd degree misdemeanor
- 12-month license suspension
- 10 days to 2 years in jail/prison
- $500 to $5,000 fine
- Treatment when ordered
- Ignition interlock device for 1 year
BAC between .10 and .159
- 1 prior DUI:
- Ungraded misdemeanor
- 12-month license suspension
- 30 days to 6 months in jail
- $750 to $5,000 fine
- Alcohol safety school requirement
- Treatment when ordered
- Ignition interlock device for 1 year
- 2 or more prior DUI:
- 1st degree misdemeanor
- 18-month license suspension
- 90 days to 5 years in jail/prison
- $1,500 to $10,000 fine
- Treatment when ordered
- Ignition interlock device for 1 year
- 3 or more prior DUI offenses:
- 1st degree misdemeanor
- 18-month license suspension
- 1 year to 5 years in prison
- $1,500 to $10,000 fine
- Treatment when ordered
- Ignition interlock device for 1 year
BAC above .16
- 1 prior DUI:
- 1st degree misdemeanor
- 18-month license suspension
- 1 year to 5 years in prison
- $1,500 to $10,000 fine
- Treatment when ordered
- Ignition interlock device for 1 year
- 2 or more prior DUI:
- 1st degree misdemeanor
- 18-month license suspension
- 1 year to 5 years in prison
- $2,500 to $10,000 fine
- Treatment when ordered
- Ignition interlock device for 1 year
Under Pennsylvania DUI law, commercial drivers, school vehicle or school bus drivers, and minors involved in an accident that causes injury or property damage could be subject to the penalties associated with higher blood alcohol content charges, even if their blood alcohol content is not in the higher category. Individuals who refuse chemical or breath testing may be subject to the highest blood alcohol content penalties on the chart.
How our DUI Accident Lawyers Can Help
Together, our Philadelphia criminal defense lawyers have more than 50 years of experience in DUI law. We provide the efficient, error-free defense you need to stand a chance in a court of law after you’ve been involved in a DUI accident. Nobody wants to be under-prepared when the blame is being placed on his or her shoulders, especially if someone was injured or killed in the accident. Let Ciccarelli Law Offices fight in your corner and improve your chances of fighting back.
For many, a DUI arrest will be the first criminal charge they will face in their lifetime. This could be true for you as well. Even for a first-offense DUI, serious consequences are possible. Serious jail time, heavy fines, suspension of driving privileges, and a criminal record that hangs over your head for years to come can be the reality of DUI charges. These issues can also seem overwhelming. Having an experienced Ciccarelli Law Office attorney by your side can make all the difference in the outcome of your DUI charges.
Most people simply cannot afford to lose their licenses, spend time in jail, and possibly even lose their job due to DUI charges. At Ciccarelli Law Offices, we fully understand that these are not charges that can be taken lightly. We will work hard to have your charges reduced or dismissed before your appearance in court. If that is not possible, we will do everything in our power to secure the best outcome possible for you, your family, and your future.
Contact A Philadelphia DUI Lawyer Today
Our knowledgeable and experienced Philadelphia accident attorneys are ready to get to work on your behalf. We will investigate every aspect of your claim, work to prove liability, and secure the compensation to which you are entitled. Ciccarelli Law Offices is different—with more than fifty years of combined experience, we bring a team of former DUI prosecutors and Philadelphia defenders. We will come armed with everything you need to fight your DUI charges. When you need a Philadelphia drunk driving accident attorney, you can contact us for a free consultation by clicking here or calling (215) 309-9716.