Experienced DUI Defense Attorneys in Conshohocken, PA

If you’re facing DUI charges in Pennsylvania, it’s essential to have an experienced criminal defense attorney by your side. A DUI conviction can have severe and far-reaching consequences for you and your future. Lee Ciccarelli and his team at Ciccarelli Law Offices are committed to standing up for individuals accused of DUI in Conshohocken, PA. With decades of legal experience and a proven track record, we can help guide you through this challenging time.

This page will provide you with critical insights into Pennsylvania’s DUI laws, the legal process, potential penalties, and why Ciccarelli Law Offices is your best choice for DUI defense.

Understanding Pennsylvania’s DUI Statute

Pennsylvania uses a tiered approach to DUI charges, which is governed by Title 75, Section 3802 of the Pennsylvania Consolidated Statutes. This statute outlines different levels of impairment and penalties based on blood alcohol content (BAC) and other factors, such as whether an accident occurred or if it’s a repeat offense.

Categories of DUI in Pennsylvania

1. General Impairment

• • • BAC between 0.08% and 0.099%
    • Applies if you show signs of impairment even with a lower BAC.

2. High BAC

• • • BAC between 0.10% and 0.159%.

3. Highest BAC

• • • BAC of 0.16% or higher.
    • Includes cases involving controlled substances or drivers who refuse chemical testing.

4. Minors and Commercial Drivers

• • • For minors (under 21), DUI applies at a BAC of 0.02% or higher due to Pennsylvania’s zero-tolerance policy.
    • Commercial drivers face stricter BAC limits (0.04%).

The Impact of Pennsylvania’s Implied Consent Law

Under Pennsylvania’s Implied Consent Law, by operating a vehicle, you’ve legally agreed to provide a breath, blood, or urine sample for chemical testing if requested by law enforcement. Refusing a chemical test results in automatic penalties, including a minimum 12-month license suspension and fines, regardless of whether you’re ultimately convicted of DUI.

It’s important to have an experienced attorney assess the circumstances of law enforcement’s request and determine whether your rights were violated.

DUI Penalties in Pennsylvania

The penalties for a DUI conviction vary based on your BAC level, prior convictions, and other factors. These penalties are divided into tiers, escalating for higher BACs and repeat offenses.

First Offense DUI Penalties

• General Impairment (BAC 0.08%-0.099%)
• • Misdemeanor
  • Up to 6 months probation
  • $300 fine
  • Alcohol highway safety school
• High BAC (0.10%-0.159%)
• • Misdemeanor
  • 48 hours to 6 months in jail
  • $500 to $5,000 fine
  • 12-month license suspension
• Highest BAC (0.16% or higher)
• • Misdemeanor
  • 72 hours to 6 months in jail
  • $1,000 to $5,000 fine
  • 12-month license suspension

Repeat DUI Offenses

Penalties increase significantly for second or subsequent DUI offenses, including longer jail times, higher fines, mandatory addiction treatment, and extended license suspensions.

Mandatory Minimum Sentences

Pennsylvania law imposes mandatory minimum sentences for many DUI offenses, which means judges have limited discretion in reducing penalties for these cases. Avoiding mandatory minimum sentences requires a skilled defense strategy.

First-Time Offender Program – ARD in Pennsylvania

For first-time offenders, Pennsylvania offers the Accelerated Rehabilitative Disposition (ARD) program. This pre-trial intervention program is designed for individuals with no prior record, enabling them to avoid a traditional conviction and its harsh penalties.

Benefits of ARD

• No jail time.
• No formal conviction.
• Opportunity to have the DUI charge expunged from your record after completion.

Eligibility for ARD

The district attorney in each county (including Montgomery County where Conshohocken is located) has the discretion to set ARD eligibility guidelines. Generally, eligibility depends on factors like the absence of prior DUIs, no accidents involving injuries, and cooperation during arrest.

Montgomery County ARD Guidelines

Montgomery County prosecutors typically grant ARD to first-time offenders who meet specific criteria, although discretion is applied on a case-by-case basis. An experienced attorney like Lee Ciccarelli can advocate for your admission into the program.

License Suspension and Penalties

A DUI conviction in Pennsylvania often results in the suspension of your driver’s license.

• First DUI (Low BAC): No suspension.
• First DUI (High or Highest BAC): 12 months suspension.
• Repeat Offenses: 18 months suspension or more.

Ciccarelli Law Offices can help you explore options for occupational limited licenses (OLL) or ignition interlock devices to regain driving privileges.

DUI Arrest Requirements in Pennsylvania

For an officer to arrest you for DUI, they must have reasonable suspicion to pull you over (e.g., erratic driving) and probable cause to believe you’re impaired. This could include observations such as slurred speech, smell of alcohol, or failing field sobriety tests.

Chemical Testing

Once arrested, law enforcement can request a chemical test under the Implied Consent Law. However, the procedure for obtaining your samples must comply with strict legal guidelines. If these protocols are violated, your attorney may challenge the test results.

Why Hire an Experienced DUI Attorney?

Navigating a DUI charge without legal representation places you at significant risk of a conviction that could impact your life for years to come. A DUI attorney offers critical advantages, including:

• Challenging evidence such as breathalyzer results.
• Evaluating police conduct during the stop and arrest.
• Negotiating for reduced charges or ARD program admission.

Why Choose Lee Ciccarelli and His Team?

At Ciccarelli Law Offices, Lee Ciccarelli and his team deliver unparalleled experience and dedication in defending clients against DUI charges in Conshohocken, PA. Here’s why we’re the best choice for you or your loved ones:

Lee Ciccarelli’s Expertise

With decades of experience handling criminal defense cases, Lee Ciccarelli is well-known for his tenacity, skill, and commitment to justice. He has represented countless clients in DUI cases, achieving favorable outcomes that safeguard their rights and futures.

Personalized Approach

We understand that each case is unique. That’s why we take the time to understand your circumstances and craft a defense strategy tailored to your needs.

Proven Success

Our track record of success includes dismissed charges, reduced penalties, and helping countless clients gain admission to the ARD program.

Commitment to Clients

At Ciccarelli Law Offices, we combine legal expertise with compassionate counsel. We’re here not only to defend your case but also to provide guidance and support through every step.

Take Action Today

If you or a loved one is facing a DUI charge in Conshohocken, PA, don’t wait. Your future is on the line. Contact Ciccarelli Law Offices today to schedule a consultation and get started on building your defense.