Bryn Mawr Criminal Defense Attorney for DUI Charges

If you or someone you care about is facing a charge of driving under the influence (DUI) in Bryn Mawr, Pennsylvania, you may feel overwhelmed, confused, or unsure of where to turn. DUI charges in Pennsylvania are serious and can have long-lasting consequences on your freedom, your finances, and even your ability to drive. Navigating these legal challenges requires the expertise of a seasoned criminal defense attorney who understands the nuances of Pennsylvania DUI law. That’s where the Ciccarelli Law Offices, led by experienced attorney Lee Ciccarelli, can make a difference.

With proven success, unwavering commitment to clients, and an in-depth understanding of Pennsylvania DUI laws, Lee Ciccarelli and his team are poised to be your strongest advocates in protecting your rights. Here’s a comprehensive breakdown of everything you need to know about Pennsylvania DUI charges, ARD programs, penalties, and why hiring an experienced DUI attorney is absolutely essential.

Understanding DUI Laws in Pennsylvania

Pennsylvania’s DUI Statute

Driving under the influence of alcohol or controlled substances is governed by Pennsylvania’s DUI statute (75 Pa. C.S.A. § 3802). According to this law, it is illegal to:

• Operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for general drivers.
• Operate a vehicle with a BAC of 0.04% or higher if you are driving a commercial vehicle.
• Have any detectable amount of alcohol or controlled substances in your system if you are under the age of 21 (Zero Tolerance Policy).

The statute also outlines several tiers of impairment that are used to assess penalties. Pennsylvania employs a tiered approach where penalties escalate with higher levels of impairment or aggravating circumstances.

Types of DUI Charges

Pennsylvania divides DUI charges into several categories based on a driver’s BAC level, prior DUI offenses, and additional factors. These categories include:

• General Impairment DUI (BAC of 0.08%-0.099%)
• High BAC DUI (BAC of 0.10%-0.159%)
• Highest BAC DUI (BAC of 0.16% and above, or involving controlled substances)
• Underage DUI for drivers under 21 with any detectable alcohol in their system
• Commercial DUI for commercial drivers with a BAC of 0.04% or higher

Additional charges may result if the DUI involves an accident, injuries, or property damage.

Understanding Implied Consent in Pennsylvania

Under Pennsylvania’s Implied Consent Law (75 Pa. C.S.A. § 1547), anyone who operates a vehicle within the state gives implied consent to chemical testing (breath, urine, or blood) if a police officer has reasonable grounds to suspect intoxication. Refusing this test can lead to:

• Immediate license suspension (12 months for a first refusal, 18 months for subsequent refusals).
• Enhanced penalties if convicted of DUI.

This law underscores the importance of knowing your rights and having legal representation to protect your interests.

DUI Penalties in Pennsylvania

A conviction for DUI in Pennsylvania carries hefty penalties that can significantly impact your life. These penalties escalate depending on the level of impairment, prior convictions, and whether aggravating factors are present.

Criminal Penalties

The criminal penalties for DUI in Pennsylvania include:

• For General Impairment (First Offense):
• • Up to 6 months probation
  • A fine of $300
  • Possible alcohol safety classes
• For High BAC (First Offense):
• • Up to 6 months of prison time
  • Fines ranging from $500 to $5,000
  • Mandatory treatment programs
• For Highest BAC (First Offense):
• • 72-hour minimum jail sentence (up to 6 months)
  • $1,000-$5,000 in fines
  • License suspension for 12 months

Repeat offenses result in harsher sentencing, ranging from mandatory jail time to extended license suspensions and higher fines.

Mandatory Minimum Sentences

Pennsylvania has specific mandatory minimum sentences for DUI offenders, especially for high BAC levels and repeat offenses. For instance:

• A second offense general impairment DUI carries a mandatory 5 days in jail and a $300 fine.
• A second offense highest BAC DUI mandates at least 90 days in jail, along with fines of $1,500 or more.

Understanding these strict guidelines highlights why having experienced legal counsel is crucial.

Impact on Driver’s License

One of the most immediate consequences of a DUI conviction in Pennsylvania is losing your driving privileges. Depending on your offense:

• First-time offenders face a license suspension of 12 months if their BAC level is in the “high” or “highest” categories.
• Second and subsequent offenses can result in suspensions ranging from 18 months to permanent revocation for severe cases.

Restoring your license after suspension often requires enrollment in a driver’s safety program and the installation of an ignition interlock device.

The ARD Program for First-Time Offenders

Pennsylvania offers an Accelerated Rehabilitative Disposition (ARD) program for eligible first-time DUI offenders. The ARD program helps non-violent offenders avoid jail time and a permanent criminal record.

How Does ARD Work?

When a defendant is accepted into ARD, they agree to fulfill certain conditions, such as:

• Completing alcohol education or treatment programs
• Paying fines and court costs
• Performing community service

Once completed, the DUI charge is dismissed, and the offender may request to have the record expunged.

ARD Eligibility and the District Attorney’s Role

Eligibility for ARD is determined by the local county District Attorney’s Office. Specific guidelines including the following factors:

• No prior DUIs within the past 10 years
• No accident that caused injury or death while driving under the influence
• No passengers under the age of 14 during the offense

Every county has its own rules regarding ARD, highlighting the need for a knowledgeable attorney who understands how local prosecutors operate.

At Ciccarelli Law Offices, we have extensive experience working with the District Attorney’s Office and navigating clients toward ARD approval when eligible.

What You Need to Know About Police Procedures for a DUI Arrest

For a police officer to make a DUI arrest and request chemical testing:

1. Reasonable Suspicion is required to stop a vehicle. This can include erratic driving, traffic violations, or other indicators of impairment.
2. Probable Cause must be established. This involves evidence garnered from field sobriety tests, physical observations (e.g., slurred speech, odor of alcohol), or preliminary breath tests.

Challenging the validity of the stop or the probable cause for arrest is a key defense strategy in reducing DUI charges and penalties.

Why You Need an Experienced DUI Attorney

The legal and administrative complexities of DUI charges can be overwhelming; making errors in handling your case can lead to devastating consequences. That’s why hiring the right attorney can make all the difference. Here are just a few reasons why Lee Ciccarelli and his team are the best choice for your DUI defense:

• Proven Track Record: With decades of experience, our team has successfully defended countless clients facing DUI charges.
• Local Knowledge & Relationships: We understand the specific legal practices and policies in Bryn Mawr and surrounding counties, including the ARD guidelines set by the District Attorney.
• Custom Defense Strategies: Every case is unique, and our team builds tailored strategies to protect your rights and minimize penalties.
• Client-Centered Approach: Lee Ciccarelli is dedicated to ensuring every client feels supported and informed throughout their legal process.

About Lee Ciccarelli

Lee Ciccarelli has been recognized as one of Pennsylvania’s leading criminal defense attorneys. Known for his commitment to justice, Lee brings passion and determination to every case he handles. His team at Ciccarelli Law Offices shares this dedication, offering a compassionate yet aggressive defense to every client.

Whether it’s your first offense or a repeat charge, our experienced DUI attorneys can fight to protect your freedom, finances, and future.

Call Ciccarelli Law Offices Today

Don’t face DUI charges alone. With their extensive experience and deep understanding of Pennsylvania law, Lee Ciccarelli and his team are uniquely prepared to provide the defense you need.

Call us today to schedule your free consultation. Together, we’ll fight for the resolution you deserve.