Philadelphia Underage DUI Lawyer
Lack of both driving and drinking experience makes underage drivers who consume alcohol that much more dangerous on the roadways. Not only are you risking your life, but you could seriously injure or kill someone else. For this reason, the commonwealth takes underage driving under the influence (DUI) charges seriously.
Connect with a reputable Philadelphia underage DUI lawyer from Ciccarelli Law Offices to avoid a conviction. Our DUI defense lawyers in Pennsylvania have over 100 years of combined experience and we have represented 15,000+ accused. Contact us today to learn more about how we could help you clear your name.
Why Go With Ciccarelli Law Offices?
Although you may have made a mistake by drinking and driving, you know having the right legal representative by your side could help you avoid more serious penalties, especially if this is your first offense. Ciccarelli Law Offices has spent the last 30 years building a powerful criminal defense law firm. Not only is our founder, Lee A. Ciccarelli, rated by Avvo at its highest rating, 10.0 Superb, but has also been voted as a member of Super Lawyers for his work in criminal defense, personal injury, and motor vehicle accidents as well.
Our years of combined experience set us apart from other possible criminal defense law firms in and around the heart of West Chester and the greater Philadelphia area. With national recognition as a “superior DUI attorney” by the National Advocates for DUI Defense (NAFDD), we are fully prepared to provide your defense strategy with the creativity, energy, passion, and experience it needs to secure a favorable outcome. When you need initial legal advice and help crafting the most compelling approach possible, Ciccarelli Law Offices is here for you.
When You Can Be Charged With an Underage DUI in Philadelphia
Anyone under the age of 21 is legally prohibited from consuming alcohol can be charged with an underage DUI under 75 Pa. 3802(e). If your blood alcohol concentration (BAC) levels reach or exceed 0.02% percent and you are in physical control of, or operating a vehicle, you can be charged with an underage DUI. The language of the statue reads as follows:
“(e) Minors.–A minor may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the minor’s blood or breath is 0.02% or higher within two hours after the minor has driven, operated or been in actual physical control of the movement of the vehicle.”
Criminal Penalties That Come With a DUI Conviction
The Commonwealth has a zero-tolerance policy when it comes to underage drinking. The penalties that follow a conviction are harsh. If you are under 18 at the time of your arrest, your case will not be handled in adult court. Instead, the juvenile court system will impose penalties that may include rehabilitative measures.
However, if you are over the age of 18, you could be facing a 12-month license suspension, a mandatory minimum of 90 days in jail, and fines of at least $500 and up to $5,000 for a first-time offender. But if you are facing your third or subsequent underage DUI conviction, according to the Pennsylvania Department of Transportation (PennDOT), you could be required to complete up to 150 community service hours, have your driving privileges revoked for 18 months, face fines as high as $10,000, and spend as much as five years in prison.
What to Expect if Your Case Goes to Trial
If your underage DUI case goes to trial, you will need a highly skilled and experienced criminal defense lawyer in Philadelphia to present a powerful defense strategy if you hope to clear your name. The specific circumstances of your case will determine which defense strategies are most viable. Some potential defenses that could be used to challenge underage DUIs include:
- Challenging the breathalyzer test results, particularly if the police did not properly administer or calibrate the breathalyzer.
- Challenging the validity of the traffic stop, especially if you were pulled over without probable cause.
- Getting unlawfully obtained evidence against you deemed inadmissible.
- Arguing that the charges against you should be dismissed due to prosecutorial or police misconduct.
- Questioning whether there were mistakes, contamination, or mishandling of your BAC test samples.
When You Might Qualify for DUI Expungement in Pennsylvania
If you are convicted of an underage DUI, it will remain on your criminal record indefinitely unless you apply for, and are granted an expungement under 18 Pa. C.S. 9122. To be eligible for expungement, you must have had no other criminal convictions for the last 10 years. You will also need to wait at least 10 years from the date you completed the terms of your sentence to be eligible.
If you completed an ARD program under 234 Pa. Code Chapter 3, however, your conviction could be automatically expunged from your record after 10 years have passed, as long as you do not have any additional criminal convictions or pending criminal charges during that time. Even second-time offenders may be eligible for underage DUI expunction. However, the waiting period increases from 10 years to 15 years.
The Prosecutor Has a Limited Amount of Time to File Charges
It is important to be aware of the statute of limitations for your underage DUI charges. If the Commonwealth does not file charges before the statute of limitations runs out, the district attorney may lose their right to prosecute per 42 PA C.S. 55.
While serious crimes like murder do not have a statute of limitations, and major crimes allow for a five-year statute of limitations, for DUI offenses, the statute of limitations typically expires two years from the date the crime was committed. This is true whether you are charged with a misdemeanor or felony DUI.
Meet With a Respected Philadelphia Underage DUI Attorney for Help Today
The Commonwealth of Pennsylvania may prosecute underage drunk drivers to the full extent of the law. Do not jeopardize your future by failing to build the strongest defense strategy possible. Connect with a premier Philadelphia underage DUI lawyer from Ciccarelli Law Offices to get a legal team with over 100 years of combined experience handling your case. We will do everything in our power to help you avoid some of the harsh criminal penalties. Fill out our secured contact form or call us to schedule your confidential case evaluation as soon as today.