Experienced DUI Defense Attorneys for Abington, PA

If you or a loved one has been charged with driving under the influence (DUI) in Pennsylvania, navigating the complex legal system can be stressful and overwhelming. The consequences of a DUI conviction can affect nearly every area of your life—from your career to your driving privileges. That’s why it’s essential to have a skilled and experienced legal team by your side. Ciccarelli Law Offices, led by Lee Ciccarelli, provides expert DUI defense to clients throughout Pennsylvania, including Abington. Here’s everything you need to know about DUI charges in Pennsylvania and why our team is the right choice for your defense.

Understanding Pennsylvania’s DUI Statute (75 Pa.C.S.A § 3802)

Pennsylvania treats DUI offenses with great seriousness, which is reflected in its complex and stringent DUI laws. According to Pennsylvania’s DUI statute (§ 3802), it is illegal to operate or be in control of a motor vehicle if:

• Your blood alcohol concentration (BAC) is 0.08% or higher.
• You are under the influence of drugs or alcohol, impairing your ability to drive safely.
• You are driving with any measurable controlled substance in your blood.

The statute categorizes DUI offenses into three levels based on BAC:

1. General Impairment (0.08%-0.099% BAC)
2. High BAC (0.10%-0.159%)
3. Highest BAC (0.16% or higher, or driving under the influence of a controlled substance)

The severity of penalties increases with higher BAC levels, prior convictions, or other aggravating factors.

Different Types of DUI Charges in Pennsylvania

Pennsylvania law distinguishes between various types of DUI charges, including:

1. Standard DUI Violations: Based solely on BAC or impaired driving.
2. Drug DUIs: Driving while under the influence of controlled substances or prescription medications.
3. Underage DUI: For individuals under 21, the BAC threshold is just 0.02%.
4. Commercial Vehicle DUI: For commercial drivers, the BAC limit is 0.04%.
5. Repeat Offender DUI: More severe penalties apply for individuals with prior DUI convictions.

Understanding the nuances of these charges is critical to building a strong defense.

The Impact of Pennsylvania’s Implied Consent Law

When you drive in Pennsylvania, you automatically consent to chemical testing (blood, breath, or urine) under the Implied Consent Law. If an officer has probable cause to believe you are driving under the influence, they have the authority to request a chemical test.

Refusal to Submit to Chemical Testing

Refusing chemical testing carries significant consequences, including:

• An automatic license suspension of at least 12 months (in addition to DUI penalties if convicted).
• Enhanced penalties upon conviction for the DUI.

A skilled DUI attorney can challenge the circumstances surrounding the refusal or the legitimacy of probable cause in your case.

Criminal Penalties for DUI Convictions in Pennsylvania

Pennsylvania law imposes increasingly harsh penalties based on BAC levels, prior offenses, and other circumstances. Below is an overview of penalties for DUI convictions:

General Impairment (0.08%-0.099% BAC)

• First Offense: Up to 6 months probation, $300 fine, no mandatory jail time.
• Second Offense: 5 days to 6 months in jail, $300-$2,500 fine, 12-month license suspension.
• Third Offense: 10 days to 2 years in jail, $500-$5,000 fine, 12-month license suspension.

High BAC (0.10%-0.159% BAC)

• First Offense: 48 hours to 6 months in jail, $500-$5,000 fine, 12-month license suspension.
• Second Offense: 30 days to 6 months in jail, $750-$5,000 fine, 12-month license suspension.
• Third Offense: 90 days to 5 years in jail, $1,500-$10,000 fine, 18-month license suspension.

Highest BAC (0.16% or higher, or controlled substances)

• First Offense: 72 hours to 6 months in jail, $1,000-$5,000 fine, 12-month license suspension.
• Second Offense: 90 days to 5 years in jail, $1,500-$10,000 fine, 18-month license suspension.
• Third Offense: 1 to 5 years in jail, $2,500-$10,000 fine, 18-month license suspension.

Additional Penalties

• Loss of employment opportunities.
• Increased insurance premiums.
• Permanent criminal record (unless eligible for expungement or ARD).

Understanding Pennsylvania’s First-Time Offender Program (ARD)

Pennsylvania offers an Accelerated Rehabilitative Disposition (ARD) program for first-time, non-violent offenders, including DUI cases. The program allows participants to avoid a conviction and potential jail time by completing specific requirements.

ARD Requirements and Process

To qualify for ARD, you may need to:

• Attend alcohol and/or drug education classes.
• Perform community service.
• Pay fines and court costs.
• Comply with any other conditions set by the court.

Local Guidelines for ARD Eligibility

Eligibility for ARD is largely determined by the District Attorney’s Office, and guidelines vary by county. For example, Montgomery County (where Abington is located) typically excludes cases involving:

• High BAC levels (above 0.16%).
• Accidents involving injury or significant property damage.
• Drivers with a suspended or revoked license.

An experienced attorney like Lee Ciccarelli can assess your eligibility for ARD and guide you through the application process.

Driver’s License Impact and Penalties

One of the most immediate consequences of a DUI conviction is the suspension of your driver’s license. The length and terms of the suspension depend on factors like BAC level and prior convictions:

• First Offense, General Impairment (0.08%-0.099%): No license suspension.
• First Offense, High or Highest BAC: 12-month suspension.
• Repeat Offenders (Second or Third DUIs): 12 to 18-month suspension.
• Refusal to Submit to Testing: 12-month suspension for the first offense, 18 months for subsequent offenses.

To restore your driving privileges, you may need to:

• Complete an alcohol highway safety school program.
• Install an ignition interlock device (IIDs apply to certain offenders).
• Pay reinstatement fees.

Probable Cause for Arrest and Chemical Testing

Before making an arrest for DUI, law enforcement must establish probable cause. This typically involves observing signs of impairment, such as:

• Swerving or erratic driving.
• The smell of alcohol or drugs.
• Slurred speech or bloodshot eyes.

Field sobriety tests (such as the walk-and-turn or one-leg stand) and preliminary breath tests are often used to establish probable cause. However, an attorney can question the accuracy of these tests and whether proper procedures were followed.

Why Hiring an Experienced DUI Attorney is Crucial

The complexities of Pennsylvania DUI law mean the stakes are always high. Here’s why having a skilled attorney on your side is non-negotiable:

• Legal Knowledge: A DUI lawyer understands the intricacies of Pennsylvania statutes, including defenses against improperly conducted arrests and tests.
• Negotiation Skills: From negotiating reduced penalties to securing ARD placement, an attorney can significantly impact the outcome of your case.
• Protection of Rights: Experienced lawyers ensure that your constitutional rights are protected, challenging unlawful stops or evidence obtained without probable cause.

Why Lee Ciccarelli and His Team Are the Right Choice

Lee Ciccarelli and his team at Ciccarelli Law Offices have built a stellar reputation in defending individuals against DUI charges in Abington and across Pennsylvania. Here’s why we stand out:

• Extensive Experience: Lee Ciccarelli has handled thousands of criminal cases, with a focus on DUI defense. He has an in-depth understanding of Pennsylvania’s legal landscape and local court systems.
• Commitment to Clients: Lee’s dedication goes beyond courtroom representation. His mission is to guide clients through the process with compassion and respect while fighting for the best possible outcome.
• Proven Track Record: Ciccarelli Law Offices has a history of achieving favorable results for its clients, from securing ARD placements to successfully challenging unlawful arrests.
• Personalized Approach: We know every case is unique. We tailor our defense strategy to your specific situation, ensuring you receive the individualized attention you deserve.

Contact Ciccarelli Law Offices Today

Facing a DUI charge can be intimidating, but you don’t have to face it alone. Lee Ciccarelli and his team are here to fight for your rights, protect your future, and help you achieve the best possible outcome.

Contact us today to schedule a consultation and take the first step toward resolving your case. We’re here for you, every step of the way.