Delaware County US 95 DUIs Attorney
Driving under the influence, or DUI, is a crime that refers to operating a motor vehicle while intoxicated by drugs and/or alcohol. Driving under the influence is a serious crime in Pennsylvania with consequences to match. You could spend thousands of dollars in fines and penalties, on top of potential jail time and the loss of your driving privileges. Do not try to fight DUI charge alone. If you received a DUI while driving on US 95 or elsewhere in Delaware County, contact us to speak to a Delaware County US 95 DUI attorney today, for free.
What Makes Ciccarelli Law Offices Unique?
- We have a long history of success representing criminal defense cases throughout Pennsylvania. Our firm has served over 15,000 clients in the last 30 years.
- We have attorneys with plenty of trial and courtroom experience. We can take your criminal case all the way to trial, if necessary.
- We believe in making great legal representation available to everyone. Our Delaware County DUI lawyers represent DUI clients for reasonable fees.
Delaware County DUI Defense
Delaware County is often referred to as Delco by locals. Delaware County was explored by Henry Hudson in 1609, and throughout the next several decades the county was claimed and settled by the Swedes, the English, and the Dutch. Originally, the Lenni-Lenape tribe of American Indians were the inhabitants of Delaware County. Delaware County has a population of approximately 562,960 and is the fifth-most-populous county in Pennsylvania, but the third smallest in area. The county was created in 1789 from part of Chester County. Named for the Delaware River, Delaware County’s county seat is Media. Delaware County is adjacent to the city and county of Philadelphia.
After the defeat of the Dutch, King Charles II of England made a grant to William Penn who founded the colony which was named Pennsylvania. Penn then divided the colony into Chester County, Philadelphia County, and Bucks County. Delaware County has a total area of 191 square miles, 6.8 miles of which are water. Delaware County is kite-shaped surrounded by Chester County, the state of Delaware, the Delaware River, Montgomery County and the city of Philadelphia. Waterways in Delaware County flow south, draining into the Delaware River. Waterways in the county are Brandywine River, Naaman’s Creek, Stoney Creek, Chester Creek, Ridley Creek, Crum Creek, Darby Creek, Muckinpates Creek, and Cobbs Creek.
The Port of Chester and the Trainer Refinery are located along the shores of the Delaware River. The western portion of Philadelphia International Airport is located in Delaware County. Those visiting Delaware County won’t want to miss Philadelphia’s Magic Gardens, an “immersive mixed media art environment which is completely covered in mosaics.” Isaiah Zagar, the creator of Philadelphia’s Magic Gardens, used handmade tiles, bottles, bicycle wheels, international folk art and mirrors to chronicle his life with two indoor galleries and a bi-level outdoor sculpture garden.
Tiers of BAC Levels in the State of Pennsylvania
Like other aspects of its DUI process, Pennsylvania also has a unique tier system as far as DUI penalties go. The tiers are based on BAC, as well as multiple DUI convictions. The lowest penalty category for a Pennsylvania DUI is a BAC from 0.08 percent to .99 percent. The higher penalty category for a Pennsylvania DUI is a BAC from .10 percent to .159 percent, and the highest penalty category for a Pennsylvania DUI is .16 percent or higher.
New DUI Laws in Pennsylvania
Although the state of Pennsylvania has never been particularly soft on DUI offenses, the laws have recently become even stricter for those caught driving under the influence of drugs or alcohol. Governor Tom Wolf signed into legislation laws which increase the penalties for some DUI offenses, even making certain DUI offenses a felony where before all DUI offenses were misdemeanors. Under the new laws, a driver who causes a fatal accident while driving under the influence would face a minimum of five years in prison for each death. The prior law had a maximum of three years in prison for each death after a fatal DUI accident. If the driver has two or more prior DUI convictions, the minimum prison term for each death is now seven years.
Repeat DUI offenders are also looking at harsher penalties under the new law, in light of the fact that it is estimated that repeat offenders are responsible for as many as 40 percent of all fatalities caused by a DUI. Repeat offenders arrested for a third DUI within ten years who have a BAC of .16 or higher will now face felony charges. The penalties include from one to seven years in jail, fines from $2,500 to $15,000, a driver’s license suspension for 18 months, a mandatory Ignition Interlock device installation for one year, with eligibility after nine months, a full drug and alcohol assessment, and a DNA sampling.
Repeat offenders facing a fourth or subsequent arrest for impaired driving will also face felony charges, regardless of the BAC. For the lowest tier BAC, the penalties are ten days to seven years in jail, fines from $500 to $15,000, a driver’s license suspension for 18 months, a mandatory Ignition Interlock device installation for one year with eligibility after nine months, a full drug and alcohol assessment and DNA sampling. Higher BAC levels for a fourth DUI in ten years increases jail time to one year to seven years, with all other penalties the same as for a lower BAC.
ARD in Delaware County
In Delaware County, the Accelerated Rehabilitation Program is a one-time alternative to a trial, a conviction, or a potential jail sentence. When you complete the ARD program, the DUI charges are dismissed. ARD in Delaware County results in:
- A quicker disposition of the DUI charges
- Fewer court appearances
- Possibly, reduced legal fees
- No jail term when the ARD application is accepted and the program completed
- Dismissal of charges when the program is completed
- A reduced driver’s license suspension
Our Delaware County DUI Lawyers Are There When You Need Us
At Ciccarelli Law Offices, our Delaware County DUI attorneys are here to help you following your DUI charges. We understand you are facing many serious penalties, and that you may be feeling very anxious about your future. It is likely you have many questions you need answered, and we can answer your questions comprehensively. We understand that if you are unable to drive, you may also be unable to work, therefore, we will always fight hard to retain your driving privileges.
Why You Need a DUI Lawyer
A driving under the influence conviction could ruin your life. It could become part of your permanent record – making it difficult to find employment and housing in Pennsylvania. If you drive for a living, such as in commercial trucking, you could lose your job. You may also lose your driving privileges, at least temporarily, on top of having to afford thousands of dollars in penalties and court fees. It is very important to fight a DUI charge with as much power as possible. The only way to do so is by hiring a great Delaware County DUI attorney.
Pennsylvania DUI Laws
Hiring a DUI attorney means a professional litigator navigating Pennsylvania’s DUI laws on your behalf. Our Delaware County criminal defense lawyers at Ciccarelli Law Offices have an intimate and thorough understanding of these laws. We can help you navigate them to your best possible advantage.
- It is illegal to drive with a 0.08% or higher blood alcohol content (BAC) level. This limit drops to 0.04% for commercial drivers and 0.02% for drivers under 21.
- The penalties for a standard DUI include six months of probation and a $300 fine. A BAC of 0.10% to 0.159% can lead to a more serous charge, with two days to six months in prison, up to $5,000 in fines, and a year of license suspension.
- You could face more serious penalties if you have a BAC above 0.16%, or if this is not your first DUI offense.
In Pennsylvania, you give your implied consent to submit to chemical or blood testing when you obtain your driver’s license. Refusing a breath test, therefore, will not be without penalty. You will immediately face a one-year driver’s license suspension for refusing to take the test, even if you were not drunk. The refusal could also lead to harsher consequences, as it could provide evidence that you were in fact under the influence.