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Pennsylvania DUI
Defense Lawyer

Chester County DUI Defense Lawyers in Pennsylvania

You need a Pennsylvania DUI Attorney that is Experienced, Aggressive and Has Your Back. Whether West Chester PA, Chester County, the greater Philadelphia metro or anywhere in Pennsylvania, the Government is constantly making it easier for them to get a conviction for a DUI and expanding the definition of what a DUI is.

Do not underestimate the impact of a Driving After Imbibing or DUI Drunk Driving Offense. You need Lee Ciccarelli and his team of experienced West Chester PA Chester County DUI attorneys that will stand for you, and your family when you are facing a conviction for drunk driving.

DUI / Drunk Driving

For hundreds of drivers, a DUI arrest will be the first criminal charges that they face. If caught operating a vehicle while under the influence of alcohol, a person faces serious consequences, even for a first offense.  Do you need an experienced, passionate West Chester Pennsylvania DUI Defense Lawyer?  Call now.

Last year’s punishment is never enough and politicians get elected by pushing for more; with each new and improved punishments for DUI resulting in more jail time, more loss of license, and a greater impact on your family and your job.

With a chance of jail time, heavy fines, suspension of driving privileges, and a criminal record hanging over your head, the court proceedings ahead of you may seem overwhelming. In this situation, the aid of an experienced attorney can make all the difference.

In Pennsylvania, driving under the influence (DUI) is a serious offense that can result in dire consequences. DUI penalties can impact both your personal and professional life. A DUI conviction can lead to jail time, loss of reputation, a criminal record, and the loss of driving privileges. It is important to examine why a  DUI conviction in Pennsylvania can be so devastating and what you can do if you ever find yourself in this situation.

  1. Jail Time: A DUI conviction in Pennsylvania can result in jail time. The length of time will depend on a variety of factors such as the severity of the offense, whether or not you have prior convictions, and if anyone was injured during the incident. Jail time can range from a few days to several years. Being incarcerated can be a shock to your system and can result in the loss of your job, your home, and time away from loved ones.
  2. Loss of Reputation: A DUI conviction can damage your reputation and hinder your future job prospects. Employers may see a DUI conviction as a lack of judgement and responsibility which can work against you in competitive job markets. Moreover, the stigma surrounding DUI could make it difficult to find employment, housing, or financial aid in the future.
  3. Criminal Record: A DUI conviction in Pennsylvania will result in a criminal record. This record can remain on your permanent record indefinitely and will be accessible to potential employers, landlords, or institutions to which you apply. This can have a lasting impact on your ability to secure loans, credit, or future employment opportunities.
  4. Loss of Driving Privileges: Finally, and perhaps most significantly, a DUI conviction in Pennsylvania can result in the loss of driving privileges. There will be an automatic driver’s license suspension for a minimum of 12 months for first-time offenders. You may be able to petition for a hardship license in some cases. However, the ability to operate a vehicle is essential for many of us to maintain employment or manage daily obligations.
  5. What Can You Do: If you have been charged with DUI in Pennsylvania, it is essential to get in touch with an experienced DUI attorney. A knowledgeable attorney will help you understand your legal rights and options and work towards minimizing the consequences of the case. There are opportunities to plea bargain or reduce your sentence, but a skilled attorney will know what actions are best for you.

A DUI conviction in Pennsylvania can have dire consequences on your personal and professional life. It is essential to reach out to a skilled DUI attorney, who can help mitigate the consequences. It is always better to make the right decisions and avoid circumstances where you could end up breaking the law. Drive sober, stay safe, and protect your future from the long-term impacts of a DUI conviction.

Lee and his team were fantastic to work with… I would highly recommend Ciccarelli Law Offices based on my experiences.

Ciccarelli Law Offices is different.  Our Chester County DUI lawyers have over 100 years of combined experience with our goal of working toward the best possible results. We bring a team of lawyers experienced in DUI Defense, armed with the experience to fight DUI charges and aimed at serving our clients when then need us most.  Speak to Lee Ciccarelli and his team of West Chester PA Dui Attorneys.

The Importance of Hiring a Dedicated DUI Lawyer

When it comes to choosing a lawyer to represent you in any legal matter, it’s essential to consider many factors. However, one aspect that often goes overlooked is the level of dedication and professionalism that your lawyer brings to the table. Unfortunately, some lawyers approach their job as just that – a job. They clock in, perform their duties, and clock out at the end of the day, with little thought given to the people they’re serving.

Dedication Matters

The primary reason you need to hire a dedicated DUI lawyer is that dedication matters. You want someone who will invest everything they have into building your case, someone who will go to great lengths to ensure you get the best possible outcome. This only happens when your lawyer is dedicated to their profession. You want a lawyer who is always available to speak to you, answer your questions, and guide you through the entire legal process.

Results Speak Louder Than Words

Another essential factor you need to consider when choosing a lawyer is their results. A successful lawyer will have a track record of success, with countless happy clients and positive feedback. When you’re working with a lawyer who is dedicated to their craft, you can rest assured that they’ll do everything in their power to ensure you get the best possible outcome. Their results will speak for themselves.

Passion Is Essential

Passion is an essential ingredient in any successful career, and the legal profession is no exception. A dedicated lawyer is someone who is passionate about what they do. They love the law, and they love helping their clients navigate the complexities of the legal system. When you’re working with a passionate lawyer, you’re not just getting someone who is interested in their job; you’re getting someone who genuinely cares about you and your case.

Communication Is Key

Communication is a crucial aspect of any successful client-lawyer relationship. You want someone who will keep you in the loop at all times, someone who will be available to answer your questions and provide you with updates. A dedicated lawyer is someone who communicates effectively, ensuring that you’re always informed about the progress of your case. They will also take the time to listen to you, understand your concerns, and provide you with the support you need.

It’s All About Trust

Finally, hiring a dedicated lawyer is all about trust. You want someone who you can rely on, someone who you can trust to represent your best interests at all times. When you’re working with a dedicated lawyer, you can rest assured that they’re doing everything in their power to ensure that you get the best possible outcome. They will fight to protect your rights, and they will never stop working until you achieve your goals.

In conclusion, hiring a dedicated Pennsylvania DUI lawyer is crucial to ensure that you get the best possible outcome for your legal matter. You want someone who is passionate about their profession, dedicated to your case, and always willing to go the extra mile to ensure your success. At the end of the day, it’s all about trust, and when you work with a dedicated lawyer, trust is precisely what you’ll get. So, if you’re facing any legal challenges, don’t hesitate to seek out a dedicated lawyer – you won’t regret it.

Our attorneys are battle-tested in the local court systems and experienced in taking on the local District Attorney’s Offices. We are also well versed in the alternate sentencing programs, like the Accelerated Rehabilitative Disposition (ARD) and the Intermediate Punishment Program (IPP) and will strive to maximize each option so that you are equipped to make the most informed decision about your case. Learn more about our DUI legal team, or contact us now by Email or call (610) 692-8700.

Pennsylvania DUI Lawyer

Can you afford to lose your license, face jail time, or endure a permanent criminal record? You need more than one lawyer or just one hope when facing dui charges and prosecution for drunk driving in Chester County or the greater Philadelphia area. We are a team of defense lawyers with nearly 40 years of experience fighting for justice when you are facing a DUI. The legal team at Ciccarelli Law Offices can help defend you against a DUI charge. These allegations are not to be taken lightly, and you need to take steps to protect your future. Our team can work to have your charges reduced or dismissed before you even appear in court. A West Chester DUI lawyer from Ciccarelli Law Offices will fight for you. Call us today at (610) 692-8700 to schedule your free consultation.

We are proud to represent clients throughout the Greater Philadelphia area. We are based in West Chester< Pennsylvania, and have local offices and serve clients in Philadelphia, Springfield, King of Prussia, Kennett Square, Radnor, Lancaster, Malvern and Plymouth Meeting, Doylestown and Reading in Suburban Philadelphia (Chester County, Delaware County, Bucks County, Montgomery County, Lancaster County) and throughout Pennsylvania.

If you are facing a DUI charge, our attorneys can help defend you at every step of the process, including your license suspension hearing or application for a hardship license.

 

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Nearly 25 years ago I began my DUI Defense career with a jury trial many people did not think could be won.  My client was a man, with three prior drunk driving convictions, found passed out, alone, at the scene of an accident on an abandoned road, with a blood alcohol of nearly three times the legal limit and facing a state jail sentence.  His story ended with a Not Guilty and my story began ….

I was certainly not the first attorney he spoke to, considering the seriousness of the charges and the newness of my law degree; but there was something about me that he apparently liked.  I would like to think it was my optimism, my sincerity, and my clarity of the facts, the issues and the stakes.

In the course of that jury trial, I was able to turn the prosecution’s case against itself; taking the Commonwealth’s strongest evidence; the high level of intoxication; and assert that my client was so intoxicated that he could not have possibly been driving and that there had to be another driver.  That followed with cross-examination of the police that established the police could not rule out the existence of another driver and admissions by a paramedic called by the Commonwealth that he  may have been coached by the prosecuting officer.  The acquittal in this my first jury trial was cemented with the introduction of one defense witness; the man who was operating the vehicle and fled the scene after the accident leaving my client behind.

The jury acquittal was a culmination of  the facts, our investigation and a relentless defense.  It is hardly a common result and each case is as different as its facts but the process brought justice for my client and empowered me to fight for the accused.  It is a fight I now bring with the efforts of a team of attorneys because we strive to be the right West Chester PA Dui attorneys to represent you from the moments after you have been accused and charged for a DUI in Pennsylvania.

The past few months, I’ve been dealing with an all encompassing legal issue and needed a skilled and caring lawyer, that I could trust and count on. The lawyer that I initially retained was good, but too often gave me legalese, and did not answer my questions the way I needed. Fortunately, Lee was always available to give me the second opinions i needed, and also give me a new perspective. You can trust Lee; he’s an excellent attorney. He cares about his clients.-recent client Art V

Legal Limit for Alcohol in Pennsylvania

Until such time that Pennsylvania reduces the legal limit further (see attempt to reduce the DUI Limit in Pennsylvania to .05 percent) the current laws place a legal limit of .08 % in Pennsylvania.  A Blood alcohol concentration at .08 percent are higher is per se DUI and can result in a conviction.  However, a Blood alcohol level as low as .05 percent can be considered in determining that a driver is guilty of a DUI because they are incapable of safe driving.

Field Sobriety Tests

When you are suspected of driving after imbibing or drunk driving, the police will commonly perform a series of Field sobriety tests so that the police can use their subjective opinion as evidence in support of your arrest (establishing reasonable grounds for a dui) and the obtaining of blood alcohol testing. There are three field sobriety tests that are recognized by NHTSA as possibly showing that a motorist is impaired:

  • The One Leg Stand: A test that requires you to stand on one leg about six inches off the ground for 30 seconds.
  • The Horizontal Gaze Nystagmus (HGN): A test that involves the officer’s opinion of whether your eyes ably follow his finger or other object as it moves.
  • Walk and Turn: A test that gauges your steadiness and mobility by requiring your ability to take nine steps placing the heel of one foot at the top of the toe of the other foot, take nine steps, then pivot on your foot and return to where you started.

Other tests are often administered in Pennsylvania including the finger-to-nose test, reciting the alphabet, and a balancing test, but tests are not recognized by NHTSA as indicators of impaired and can be challenged by our dui defense team.

Proof of Intoxication in Pennsylvania

In many cases, factors other than alcohol intoxication or impairment from a controlled substance can lead to irregular driving or poor performance on a field sobriety test. These factors can result in driving patterns or behavior that initially indicates driving under the influence to a law enforcement officer. Some factors can include:

  • Tired
  • A medical condition or disability
  • Distraction
  • Physical limitations

If you’re like many drivers arrested for DUI, you may be tempted to plead guilty just to put the experience behind you. That’s completely understandable, but you should know that there may be excellent reasons to fight your case.

What Types of Pennsylvania DUI Charges are you Facing?

Pennsylvania law provides for three general categories of DUI offenses based on different levels of impairment. The consequences for offenses committed each level of impairment increase as the driver’s BAC increases or if a driver is deemed to have refused. The categories and penalties according to Pennsylvania Statutes § 3802 are:

General DUI Impairment with a BAC of .08 to .099%:

First DUI (no prior DUI convictions) – A first offense DUI in Pennsylvania involving a BAC of 0.08 to .099 is not a felony but an ungraded misdemeanor with a statutory maximum sentence of six months of supervision including:

  • Pay a $300 fine;
  • Must complete the alcohol highway safety school; and
  • Must complete alcohol or drug treatment, if ordered.

Second DUI (one prior DUI conviction within 10 years) – A second DUI involving a BAC of 0.08 to .099 is also a misdemeanor carrying a minimum period of supervision but also carrying very serious consequences including:

  • A One Year driver license suspension;
  • A minimum of 5 days in jail (although the court can order up to 6 months);
  • You may be compelled to install and use an ignition interlock device for at least one year;
  • Pay a fine between $300 and $2,500;
  • Successfully complete the alcohol highway safety school; and
  • Complete an alcohol or drug treatment, if ordered.

Third DUI (two prior DUI convictions within ten (10) years) – A third DUI involving a BAC of 0.08 to .099 is considered a second (2nd) degree misdemeanor and in addition to up to two years supervision, an individual can face:

  • A One year driver license suspension;
  • A minimum of 10 days in jail (although the court can order up to 2 years in prison);
  • You may be compelled to install and use an ignition interlock device for at least one year;
  • Pay a fine between $500 and $5,000;
  • Successfully complete an alcohol highway safety school; and
  • Complete an alcohol or drug treatment program, if ordered.

Fourth DUI (3 prior DUI convictions within ten (10) years – You will face severe consequences when you are convicted of a fourth or subsequent DUI within 10 years and you had a BAC higher than .08% but lower than .10%. The following are the penalties you can expect to face in Pennsylvania:

  • Full D&A assessment
  • DNA Sampling
  • Mandatory use of the ignition interlock device for up to 1 year
  • A 3rd-degree felony
  • An 18-month license suspension
  • Mandatory minimum 10 days in jail
  • Up to 7 years in jail
  • A $500-$5,000 fine

It is also important to note that if you are convicted of a felony in Pennsylvania, you will likely be barred from owning a firearm.

High DUI Impairment with a BAC of .10 to .159%:

First DUI (no prior DUI convictions) – A first DUI involving a BAC of .10 to .159% is considered an ungraded misdemeanor. Under Pennsylvania law, the courts will typically impose the following sentence:

  • A One Year driver’s license suspension;
  • At least 48 hours in jail (although the court can impose up to 6 months in prison);
  • A fine between $500 and $5,000;
  • Successful completion of the alcohol highway safety school; and
  • Completion of alcohol or drug treatment, if ordered.

Second DUI (one prior DUI conviction) – A second DUI involving a BAC of .10 to .159% is considered an ungraded misdemeanor. Under Pennsylvania law, the courts will typically impose the following sentence:

  • You may be compelled to install and use an ignition interlock device for at least one year
  • A One Year driver’s license suspension;
  • At least 30 days in jail (although the court can impose up to 6 months in prison);
  • A fine between $750 and $5,000;
  • Successful completion of the alcohol highway safety school; and
  • Completion of alcohol or drug treatment, if ordered.

Third DUI (two prior DUI convictions) – A third DUI involving a BAC of .10 to .159% is considered a first degree misdemeanor, which carries up to five years of supervision and:

  • You may be compelled to install and use an ignition interlock device for at least one year
  • An 18 month driver’s license suspension;
  • At least Three Months (90 days) in jail (although the court can impose up to 5 years in prison);
  • A fine between $1,500 and $10,000;
  • Successful completion of the alcohol highway safety school; and
  • Completion of alcohol or drug treatment, if ordered.

Fourth or Subsequent DUI – A fourth or subsequent DUI involving a BAC of .10 to .159% is considered a third degree felony. When a driver is convicted of a fourth or subsequent DU within 10 years with a BAC higher than .10% but lower than .16% they will face the following consequences:

  • Full D&A assessment
  • DNA Sampling
  • A $1,500-$10,000 fine
  • A 3rd-degree felony
  • Up to 7 years in jail
  • Mandatory use of the ignition interlock device in your vehicle for 1 year
  • Mandatory minimum of 1 year in jail
  • An 18-month license suspension

Highest DUI Impairment with a BAC of .16% and higher:

First DUI (no prior DUI convictions)

  •  A first DUI involving a BAC of .16% and higher is considered an ungraded misdemeanor with up to six months of supervision and:
  • Imprisonment of at least 72 hours;
  • Pay a fine between $1,000 and $5,000;
  • You may be compelled to install and use an ignition interlock device for at least one year;
  • A 12 month driver’s license suspension;
  • Successfully complete the alcohol highway safety school; and
  • Complete an alcohol or drug treatment, if ordered.

Second DUI (one prior DUI conviction in 10 years) – A second DUI involving a BAC of .16% and higher is considered a misdemeanor of the first degree, which carries up to five years of supervision and:

  • A minimum of 90 days in prison;
  • Pay at least a $1,500 fine up to $10,000;
  • You may be compelled to install and use an ignition interlock device for at least one year;
  • An 18 month driver’s license suspension;
  • Successfully complete the alcohol highway safety school; and
  • Complete an alcohol or drug treatment, if ordered.

Third DUI (two prior DUI convictions) – A third DUI involving a BAC of .16% and higher is considered a misdemeanor of the first degree which carries up to five years of supervision and:

  • A minimum of one year in prison (typically a State Correctional Facility);
  • You may be compelled to install and use an ignition interlock device for at least one year;
  • An 18 month driver’s license suspension;
  • Pay at least a $2,500 fine; and
  • Complete an alcohol or drug treatment program, if ordered

Fourth DUI (three prior DUI convictions) – A third DUI involving a BAC of .16% and higher is considered a felony of the third degree and:

  • Drivers will face the following severe penalties for a fourth or subsequent DUI within 10 years with a blood alcohol content of .16% or higher:
    • Full D&A assessment
    • A fine between $2,500 and $25,000
    • A 3rd-degree felony
    • Mandatory use of the ignition interlock device in your vehicle for 1 year
    • An 18-month license suspension
    • DNA Sampling
    • Mandatory minimum of 1 year in jail
    • Up to 7 years in jail

Should I hire Lee A. Ciccarelli for my drunk driving charge?

When you get accused of drunk driving, it can be overwhelming to find the right attorney to represent you. With so many attorneys to choose from, how do you choose the one that’s best for you? In Chester County, PA, Lee A. Ciccarelli is one of the most reputable attorneys to represent you in a DUI charge. In this blog, we will address who should hire him and why.1. Experience
Lee A. Ciccarelli has an extensive background in DUI defense, having handled many cases over the years. He understands the complexities of these cases and the defenses that can be used in court. Ciccarelli has helped many clients to reduce or dismiss their charges. Therefore, if you want an attorney who understands how to navigate through DUI cases, Lee A. Ciccarelli is your best bet.

2. Knowledge of the laws
Another major advantage of hiring Lee A. Ciccarelli is his knowledge of Pennsylvania’s DUI laws. Ciccarelli is keenly aware of the changes in DUI laws and knows their interpretations, which can be confusing to the average person. Therefore, Lee A. Ciccarelli can easily interpret the law and help you understand your options in resolving the case.

3. Resources
A good DUI attorney requires resources to ensure that the case is rightly handled. Lee A. Ciccarelli has industry-wide connections, meaning that he can easily find the resources necessary to help resolve your case. He knows whom to contact for accurate data and information to strengthen your case.

4. Dedicated and accessible
Lastly, when choosing an attorney, you want someone who is dedicated and accessible. Lee A. Ciccarelli and his team are highly dedicated to serving their clients. They keep their promises, respond to their clients’ calls and emails promptly, and communicate well with their clients. Additionally, Ciccarelli ensures that he makes himself available for his clients, which is crucial when dealing with sensitive cases such as DUI charges.

In conclusion, a DUI charge is a serious matter, and you need all the help you can get. There are a lot of attorneys out there who claim to handle DUI cases but not everyone has what it takes to deliver the desired results. If you’re in need of a DUI attorney in Chester County, PA, consider hiring Lee A. Ciccarelli. He has an extensive background in DUI defense, knows the different defenses that can be used in court, and has the resources to help resolve your case. He is also committed to delivering excellent services to his clients and making himself available when needed. Don’t take chances with your future – contact Lee A. Ciccarelli today!

Practice Areas

Information on
Pennsylvania DUI Charges

DUI Basics in Pennsylvania

According to Pennsylvania law, as defined in 75 Pa. Cons. Stat. § 3802, a person cannot legally operate a vehicle” after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving .” The specific amount of alcohol that is considered to impair a driver’s judgment to this level is a Blood Alcohol Content (BAC) of .08, even if the driver displays no outward signs of impairment.

If you’re caught with a BAC of.1 or more, however, you could be charged with a “high rate of alcohol”, which carries steeper penalties. If your BAC is over .16, penalties increase even further, and you can be charged with “highest rate of alcohol.”

Additionally, it is illegal to drive under the influence of controlled substances. You may not drive with any Schedule I drug in your system, or any Schedule II or III drug that has not been prescribed to you.

Special Circumstances for West Chester DUI

Some scenarios change the requirements or penalties for a DUI charge. For instance, if you drive a commercial vehicle, your BAC can only be at .04 without risking an arrest. For school vehicles such as buses, however, that limit is only .02. For these commercial drivers, a DUI conviction could result in losing their commercial license for a year and possibly losing their jobs.

Drivers under the legal drinking age of 21 can face a DUI if their BAC is above a .02 as well.

Penalties for a Chester County DUI Conviction

The possible punishments for a DUI charge vary depending on your criminal history and your BAC during the arrest. You could be facing jail time, fines, treatment programs, and a required ignition interlock device for your vehicle.

BAC Testing and Your Right to Refuse

If an officer detains your vehicle and suspects that you are under the influence of alcohol or drugs, he may request that you take a BAC Test. The most commonly used test is a breathalyzer, but your urine or blood may also be requested for testing.

Remember the saying, “ driving is a privilege, not a right.” More than an old saying, that is the law in Pennsylvania, and if you refuse to provide a BAC test where an officer has reasonable grounds for a bac test, you may be facing an additional one year suspension of your license over and above any loss of license attributable to a DUI conviction; as well as allow the prosecution to prosecute your dui as a highest tier offense.

You have the right to refuse the test if police do not have a warrant, but there are consequences, and if you are ultimately convicted of DUI this refusal will increase your penalties. The first time that this occurs, you face a minimum of 72 hours in jail and a suspension of your driving privileges for a year.

Even if a chemical test shows that your BAC is higher than the legal limit, this does not guarantee a conviction. In some instance, improper procedures can render the test results void. There is also a margin of error inherent in these tests that can be used to call their results into question. A skilled attorney can be key in finding a weakness in the prosecution’s use of BAC test results.

When a BAC test is requested, the officer must inform the driver that they do not have the right to remain silent and that refusing the test can result in a suspension of their license. In the case of a refusal, an accused individual will receive a notice of suspension within 30 days. After receiving this notification, you can then request a hearing where the suspension can be contested.

Understanding the Authority of Pennsylvania District Attorneys in the Accelerated Rehabilitative Disposition Program

The Accelerated Rehabilitative Disposition (ARD) program in Pennsylvania is a pre-trial diversionary program designed to give first time offenders a chance to avoid a criminal record. Those who successfully complete the program can have their charges dismissed and avoid jail time. However, placement on the program is not guaranteed, and the decision to enroll someone rests solely on the discretion of Pennsylvania’s district attorneys.

The ARD program is not a right, but rather a privilege granted to individuals at the discretion of Pennsylvania district attorneys. The program is designed to give first-time offenders the opportunity to prove they are rehabilitated and can make better choices in the future. Therefore, the program’s success hinges on the assessment and judgment of Pennsylvania district attorneys. They have the power and responsibility to determine whether someone is eligible for ARD and assess their suitability for the program.

District attorneys also have the discretion to decide which offenses qualify for ARD. In Pennsylvania, crime types are divided into various categories, ranging from summary offenses to felonies. District attorneys may choose to admit individuals charged with lower-level offenses into the ARD program while using traditional prosecution methods for more serious offenses. Each district attorney’s criminal procedure code outlines the type of crimes that are eligible for ARD consideration.

Furthermore, Pennsylvania district attorneys also have the authority to revoke someone’s ARD status, should they fail to comply with the program conditions, including rehabilitation tasks and community service. Typically, probation departments supervise individuals on the ARD program. That said, probation officers are required to report the offender’s progress to the district attorney, who has the final authority to revoke ARD eligibility, reinstate criminal charges, and begin prosecution.

Recently, there have been complaints and criticisms of Pennsylvania district attorneys misusing their discretionary powers. While they have the authority to exercise their discretion, some have been accused of using their powers unfairly or applying them inconsistently. For instance, district attorneys from different jurisdictions throughout the state may have different standards for eligibility or when to grant ARD, leading to inequality in the system. Criticism has also been levied against district attorneys for failing to exercise discretion in a way that advances rehabilitation and contributing to the mass incarceration problem.

The authority and discretion that Pennsylvania district attorneys have in the ARD program are critical in determining an individual’s eligibility, progress, and outcomes. While it provides an alternative to traditional prosecution methods, district attorneys play a significant role in making that possible. The power that district attorneys wield carries great responsibility, and they must use their discretion in a consistent and fair way that contributes to the rehabilitation of offenders and advances criminal justice in Pennsylvania as a whole.

What Happens at my Preliminary Hearing For a Pennsylvania DUI?

DUI charges in Pennsylvania can be quite serious, but what happens behind the scenes during a DUI prosecution? When a person is charged with a DUI offense, it’s the responsibility of the District Magisterial Judge to handle the case at the beginning to determine if the case should be set for trial.  Learn more

Can Your Refusal to Consent to a Chemical Test Be Used Against You in a Pennsylvania Drunk Driving Case?

Drunk driving is a serious crime, and it comes with severe legal consequences. If you are pulled over by the police while driving under the influence of alcohol in Pennsylvania, you can be charged with a DUI (Driving Under the Influence). Learn more

Should I refuse a Chemical Test after being stopped for a DUI in Pennsylvania?

Driving while under the influence of drugs or alcohol is illegal in every state, including Pennsylvania. When law enforcement officers suspect a driver has been drinking, driving erratically, or in the event of a car accident, they will pull over the driver.  Learn more

When Can You be Convicted of a Drunk Driving Charge in Pennsylvania without a Positive Blood Test?

Driving under the influence of alcohol or drugs is a serious crime in Pennsylvania. If convicted, you can face serious consequences such as hefty fines, jail time, license suspension, and even community service. The prosecution typically relies on chemical tests to determine if a driver was under the influence of alcohol or drugs. Learn more

Understanding Vehicular Homicide While Driving Under the Influence Charges in Pennsylvania

Driving under the influence of drugs or alcohol leads to reckless driving, which poses a threat to the driver, passengers, and other people on the road. To prevent the occurrence of this offense, Pennsylvania has put stringent laws in place. One such law is vehicular homicide while driving under the influence. Learn more

For a BAC between .08 and .1:

  • First Offense – An accused individual faces up to 6 months of probation, up to $300 in fines, a required alcohol highway safety course, and alcohol treatment
  • Second Offense – A second conviction carries a mandatory sentence of 5 days in jail that can be extended to up to 6 months. In addition, there will be a fine between $300 and $2,500, required alcohol treatment, suspension of driving privileges for up to one year, and a requirement for an ignition interlock device to be installed for up to one year.
  • Third or Subsequent Offenses – A conviction carries a mandatory jail term between 10 days and 2 years, a fine between $500 and $5,000, mandatory alcohol treatment, suspension of driving privileges for up to one year, and the installation of an ignition interlock device for up to one year.

For a BAC between .10 and .16 (High):

  • First Offense – This conviction carries between $500 and $5,000 in fines, between 48 hours and 6 months in jail, required attendance at an alcohol highway safety course, and you license can be suspended for up to one year.
  • Second Offense – For a second conviction your license will be automatically suspended for a year, you can be fined between $750 and $5,000, you will be required to attend and alcohol highway safety course, you can be sentenced to 30 days to 6 months in jail, and you will be required to have an interlock ignition device installed in your vehicle for one year.
  • Third Offense –If you have been convicted twice in the past, your third charge can carry an automatic 18 month suspension of your license, 90 days to 5 years in jail, a fine between $1,500 and $10,000, required alcohol and drug treatment, and an interlock ignition device in your vehicle for up to 1 year.
  • Fourth and Subsequent Offenses – The penalties for a fourth offense or subsequent charges is the same as for a third offense, but you face a mandatory sentence of one year in jail, with the possibility of spending up to 5 years there.

For a BAC above .16 (Highest):

  • First Offense – For a first offense your license will be suspended for one year, you could spend anywhere from 72 hours to 6 months in jail, you could be fined between $1,000 and $5,000, you may be required to attend alcohol highway safety courses, and you may be ordered to seek alcohol treatment.
  • Second Offense- A second conviction carries the possibility for an automatic 18-month suspension of your driver’s license, a prison sentence between 90 days and 5 years, a fine from $1,500 to $10,000, mandatory attendance of alcohol highway safety school, participation in an alcohol treatment program, and a requirement to install an ignition interlock system in your vehicle for one year.
  • Third or Subsequent Offenses – After your second conviction, any further charges may lead to an automatic 18-month suspension of your driving privileges, a fine between $2,500 and $10,00, 1 to 5 years in jail, alcohol safety courses, and the installation of an ignition interlock device in your vehicle for one year.

For a BAC above .02 for Underage Driver (Under 21 years of Age)

  • First Offense – For a first offense your license will be suspended for one year, you could spend anywhere from 72 hours to 6 months in jail, you could be fined between $1,000 and $5,000, you may be required to attend alcohol highway safety courses, and you may be ordered to seek alcohol treatment.
  • Second Offense- A second conviction carries the possibility for an automatic 18-month suspension of your driver’s license, a prison sentence between 90 days and 5 years, a fine from $1,500 to $10,000, mandatory attendance of alcohol highway safety school, participation in an alcohol treatment program, and a requirement to install an ignition interlock system in your vehicle for one year.
  • Third or Subsequent Offenses – After your second conviction, any further charges may lead to an automatic 18-month suspension of your driving privileges, a fine between $2,500 and $10,00, 1 to 5 years in jail, alcohol safety courses, and the installation of an ignition interlock device in your vehicle for one year.

If you are a first-time offender, you may have the option of going through Accelerated Rehabilitative Disposition (ARD). ARD requires you to fulfill certain commitments, like 50 hours of community service and a treatment program.

If you decide ARD is the best defense strategy for you, your West Chester defense attorney can argue why you deserve to be admitted into the program.

What You Need to Know About Ignition Interlock in Pennsylvania DUI Cases

Driving drunk is an incredibly dangerous and irresponsible act. It endangers not only the driver but all the individuals on the road. DUI is a severe offense, carrying significant financial, legal, and personal consequences. As a response and preventive measure to reduce DUI cases, Pennsylvania allows an ignition interlock device as a requirement for certain individuals. This device works as a breathalyzer that prevents the offender from driving the vehicle if their BAC level is above the legal limit. In this article, we will discuss what ignition interlock is in Pennsylvania, how it works, and who is eligible for it.

First of all, ignition interlock is a device attached to the vehicle’s ignition system, which prevents the vehicle from starting if the driver’s breath alcohol concentration (BrAC) is above the legal limit of .08%. The device requires the driver to blow into the device, and it will analyze the breath using the fuel cell technology, which is the same used by law enforcement authorities. If the BrAC is above the legal limit, the engine will not start. Moreover, the device is programmed to require an additional sample if the vehicle is being driven, which prevents someone else from blowing into the device to start the car. The device sends data logs every month to the vendor and then transfers the data to the state Department of Transportation.

In Pennsylvania, ignition interlock is mandatory for drivers convicted of DUI with a BAC of .10% or higher, second-time offenders, and individuals who have refused chemical testing. Additionally, the Pennsylvania Department of Transportation (PennDOT) has an Ignition Interlock Limited License (IILL) program, which allows eligible individuals to operate ignition interlock vehicles legally. This program is limited to individuals whose driving privileges have been suspended for DUI- or refusal-related offenses and meet other program requirements, such as proof of automobile insurance and enrollment in an approved alcohol treatment program.

While ignition interlock is beneficial for drivers who want to drive legally and prove their rehabilitation, it also has a downside. For instance, installation and monthly service fees for the device can be expensive, ranging from $2-300 for installation and $70-90 for maintenance. Ignition interlock also takes up the driver’s time, as the device requires regular breath tests and generates data logs that must be sent to PennDOT. Additionally, if the offender fails to comply with the device’s requirements or tries to bypass it, they will face legal consequences, primarily added fines and up to six months of incarceration.

Ignition interlock is a unique way to address DUI cases and give offenders a chance to learn from their mistakes and prove their commitment to responsible driving. While it is a mandatory requirement for certain individuals in Pennsylvania, it also has drawbacks such as higher costs and time-consuming commitments. If you are facing a DUI charge or know someone who is, it is essential to seek legal advice and fully understand the implications of ignition interlock and other DUI sanctions. Remember, your choices have consequences, and getting behind the wheel is not worth risking your life or anyone else’s life on the road.

Dedicated DUI Defense throughout Pennsylvania

If you’ve been accused of drunk driving in Downingtown, Exton, Oxford, Lancaster, Coatesville, Bucks County, Lancaster County, Delaware County, Montgomery County or anywhere in Southeastern Pennsylvania, you have rights. The team at Ciccarelli Law Offices can help you protect those rights, and fight for the best possible result for you. An experienced West Chester DUI lawyer can make a big difference in how your case turns out. Call (610) 692-8700 today to set up a free consultation to discuss your drunk driving charges with our attorneys.

What Our Clients Are Saying:

  • “This law firm was able to get me out of a tough spot and I am forever grateful! Thank you so much to the Ciccarelli Team for all of your help. If you’re looking for an attorney, I highly recommend this firm.” – Jon Michael
  • “I know Mr. Lee Ciccarelli to be of high character, trustworthiness, and integrity. His compassion combined with his focus on results allows him to be very effective for clients.” – Martin Hunt

Contact Chester County DUI Defense Attorney

When choosing a DUI defense attorney, it is important to find one with knowledge, vigor and a record of success. Ciccarelli Law Offices provides all of these and more. A member of the DUI Defense Team of Ciccarelli Law Offices is ready to thoroughly analyze your driving under the influence case and help you to decide the best course of action. We will help you to understand the DUI charge and will provide you with practical options and alternatives. We will prepare each case as though it is going to trial to insure preparation and thorough understanding and will take the case to trial if you are not satisfied with the resolution that is offered. We strive to be zealous advocates and always try to obtain the best results for our clients.

It may be possible to fight your Pennsylvania DUI charge and win, but you’ll never know if you plead guilty without first exploring your options. Ciccarelli Law Offices can review your case to determine whether the local Pennsylvania district attorney’s case has weaknesses that are open to challenge. We are based in West Chester PA (Chester County) in Suburban Philadelphia and represent individuals charged with Drunk Driving, DUI, Driving After Imbibing cases Throughout Pennsylvania including but not limited to Philadelphia, Lancaster, Allentown, Reading, Lebanon, Media, Norristown, Doylestown, Oxford Exton Phoenixville Parkesburg Malvern Coatesville Lionville Chesterbrook Devon Newtown Square Glen Mills Pottstown Downingtown Kennett Square King of Prussia Paoli and beyond.  Please contact us today for a free consultation.

You deserve a Chester County DUI lawyer that is available when you need him, treats you with respect, and protects your rights vigorously.  For more information or to schedule an appointment with an experienced Pennsylvania DUI Attorney at Ciccarelli Law Offices, by contacting us at (610) 692-8700 or toll free at (877) 529-2422.

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