Experienced DUI Defense for Gladwyne, PA Residents

If you’ve been charged with a DUI in Pennsylvania, knowing where to turn for legal assistance can make all the difference. Being arrested for drunk driving can feel overwhelming, with serious penalties looming over your personal and professional life. If you’re in Gladwyne, PA, Ciccarelli Law Offices, led by the experienced DUI attorney Lee Ciccarelli and his dedicated team, can help safeguard your rights and work toward the best possible outcome for your case.

This page will walk you through everything you need to know about Pennsylvania DUI laws, penalties, programs for first-time offenders, and why having an experienced legal advocate like Lee Ciccarelli is critical.

Understanding Pennsylvania’s DUI Statute

Driving under the influence (DUI) in Pennsylvania is governed by Title 75, Section 3802 of the Pennsylvania Consolidated Statutes. Under this statute, it is a crime to operate a vehicle while impaired by alcohol, drugs, or any combination of substances. The threshold for intoxication is defined by Blood Alcohol Concentration (BAC):

• General Impairment (BAC ≥ 0.08% but < 0.10%)
• High BAC (BAC ≥ 0.10% but < 0.16%)
• Highest BAC (BAC ≥ 0.16%), including drivers under the influence of controlled substances

For drivers under the age of 21, any BAC level of ≥ 0.02% constitutes a DUI violation under Pennsylvania’s zero-tolerance policy for underage drinking.

Types of DUI Charges in Pennsylvania

Pennsylvania has adopted strict laws for impaired driving, covering varied situations. If you’re charged with a DUI, the category of your charge will depend on several factors, such as your BAC level, the presence of drugs, and whether this is a repeat offense. Below are some types of DUI charges you may face in Pennsylvania:

1. First-Offense DUI

Often categorized under general impairment for BAC levels between 0.08%-0.099%, this is the least severe DUI charge. However, the penalties can still significantly disrupt your life.

2. Second and Subsequent Offenses

Repeat offenses lead to increasingly harsh penalties under Pennsylvania law, including extended license suspension periods and possible mandatory detention.

3. Drug DUIs

If you are found operating a vehicle while under the influence of any controlled substance (even prescription medications), you may face enhanced penalties.

4. Commercial Driver DUI

Commercial Vehicle Operators (CDLs) face stricter BAC limits (≥ 0.04%) and face severe ramifications for any impairment charges.

The Impact of Pennsylvania’s Implied Consent Law

Under Pennsylvania’s implied consent law, every driver automatically consents to chemical testing (breath, blood, or urine) to determine BAC levels when lawfully arrested for suspected DUI. Refusing to submit to chemical testing carries serious consequences, including an automatic license suspension of 12–18 months and fines, even without a DUI conviction.

What a Police Officer Needs to Arrest You for DUI

A law enforcement officer must have probable cause to stop a vehicle and subsequently arrest you for DUI. Typically, an officer observes certain behaviors indicating impairment before making an arrest, including but not limited to the following:

• Erratic driving, such as swerving or failing to follow traffic signals
• The smell of alcohol or marijuana on your breath
• Slurred speech, glassy eyes, or delayed motor responses during the interaction
• Failing a standardized field sobriety test (SFST)

Once arrested, the officer can require a chemical test to confirm intoxication levels under the implied consent law.

Penalties for DUI Convictions in Pennsylvania

The penalties for DUI in Pennsylvania vary depending on your BAC level, prior offenses, and other circumstances. Below is a breakdown of the penalties tied to each offense tier:

General Impairment (BAC ≥ 0.08% but < 0.10%)

First Offense:

• Up to 6 months of probation
• $300 fine
• Mandatory alcohol safety school

Second Offense:

• Up to 6 months imprisonment
• $300–$2,500 fine
• 12-month license suspension

High BAC (BAC ≥ 0.10% but < 0.16%)

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
• Fines ranging from $750–$5,000
• 12-month license suspension

Highest BAC (BAC ≥ 0.16%) or Drug DUIs

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
• Fines as high as $10,000
• 18-month license suspension

License Suspension

Depending on your conviction, the penalties often include license suspension ranging from 12 to 18 months. Reinstating your license can require paid fees, attending driving classes, and installing an ignition interlock device.

First-Time Offender Program (ARD) in Pennsylvania

Pennsylvania offers first-time DUI offenders the opportunity to participate in the Accelerated Rehabilitative Disposition (ARD) program. The goal of ARD is to rehabilitate eligible offenders and avoid the long-lasting consequences of a DUI conviction, such as a criminal record.

Benefits of ARD

• Charges are dismissed after successful completion of the program
• Avoidance of jail time
• Restoration of driving privileges sooner than with a traditional sentence

Who is Eligible for ARD?

Eligibility for ARD is determined at the discretion of the county District Attorney’s Office, based on local guidelines. For example, individuals with no prior criminal record and no accidents involving injuries may qualify. However, eligibility may be restricted for factors such as excessive BAC levels, prior DUIs, or refusal to submit to chemical testing.

Montgomery County ARD Guidelines

If you’re a Gladwyne resident, the Montgomery County District Attorney’s Office may consider the following eligibility requirements for ARD:

1. No prior DUI convictions
2. BAC under 0.30%
3. No injuries caused during the DUI incident
4. No minors present in the vehicle at the time

Meeting with an experienced attorney can ensure you meet all necessary requirements and streamline the application process.

Why Hire an Experienced DUI Attorney

Facing DUI charges is a serious matter, and navigating Pennsylvania’s complex legal system requires skill and expertise. Here’s why hiring Lee Ciccarelli and his team is essential for your case:

• Legal Expertise: The Ciccarelli Law Offices team has years of experience fighting DUI charges and is deeply familiar with Pennsylvania’s DUI statute and ARD program requirements.
• Personalized Defense: Every case is unique, and Lee Ciccarelli’s team builds a customized defense strategy that gives you the best chance of success.
• Minimizing Penalties: A knowledgeable DUI attorney can negotiate for reduced penalties and seek ARD eligibility when applicable.
• Protecting Your Record: With the right legal representation, you may be able to avoid the stigma of a criminal conviction on your record.

Why Choose Lee Ciccarelli and His Team?

With over two decades of legal experience, Lee Ciccarelli is a seasoned advocate who is deeply committed to helping individuals regain control of their lives after DUI charges. His practice combines legal expertise, relentless effort, and an unparalleled commitment to achieving justice for his clients.

At Ciccarelli Law Offices, every case is treated with the utmost care and attention, recognizing the severe impact a DUI conviction can have on one’s life. Lee Ciccarelli’s team is ready to build a solid defense for your case, safeguard your rights, and guide you through these challenging times.

Contact Ciccarelli Law Offices Today

If you or a loved one are facing DUI charges in Gladwyne, PA, don’t wait. Reach out to the experienced lawyers at Ciccarelli Law Offices to discuss your case. Call us today at [phone number] or complete our online contact form for a free consultation.

Together, we’ll fight for the best possible outcome in your case. You deserve an attorney who will stand by your side and advocate for you every step of the way.