Experienced Criminal Defense Attorneys for DUI Charges in Havertown, PA

Facing a DUI (driving under the influence) charge in Pennsylvania is a daunting experience that can result in harsh penalties, including jail time, loss of driving privileges, substantial fines, and a lifelong criminal record. These are not simple traffic tickets; they are serious criminal charges with long-term consequences. At Ciccarelli Law Offices, we understand that being charged with DUI can turn your life upside down. That’s why our experienced team, led by Lee Ciccarelli, is here to defend your rights, guide you through the legal process, and advocate for the best possible outcome.

If you or a loved one in Havertown, PA, are in need of a trusted DUI defense attorney, look no further. With deep knowledge of Pennsylvania’s DUI laws, a commitment to excellence, and a track record of success, Lee Ciccarelli and his team are ready to fight for you.

Pennsylvania DUI Laws: An Overview of the Legal Foundation

Understanding Pennsylvania’s DUI Statute

Pennsylvania’s DUI laws are defined under 75 Pa.C.S. § 3802, which outlines multiple types of DUI offenses based on the driver’s blood alcohol concentration (BAC) levels or impairment. The statute breaks down DUI offenses into three categories:

1. General Impairment (BAC of 0.08% to 0.099%) – This is the lowest DUI tier but can still carry significant penalties.
2. High BAC (BAC of 0.10% to 0.159%) – Penalties increase substantially in this category.
3. Highest BAC (BAC of 0.16% and above, or controlled substances present) – The most severe charges and penalties are reserved for drivers in this tier.

Pennsylvania also enforces DUI regulations for specific groups:

• Underage drivers (under 21 years old) are subject to a legal BAC limit of 0.02%.
• Commercial drivers must adhere to a stricter BAC limit of 0.04%.
• Driving under the influence of drugs (prescription or illicit) is also strictly penalized.

Understanding the tiers of charges and how they apply to your unique situation is crucial. The experienced DUI attorneys at Ciccarelli Law Offices analyze every detail of your case to tailor a comprehensive defense strategy.

Implied Consent Law in Pennsylvania

Under Pennsylvania’s implied consent law (§ 1547 of the Pennsylvania Vehicle Code), any licensed driver is presumed to have given consent to submit to chemical testing (breath, blood, or urine) if lawfully requested by a police officer. Refusing to comply with chemical testing following a lawful DUI arrest has immediate consequences:

• An automatic license suspension for 12 months (or 18 months for repeat offenses).
• Enhanced penalties if convicted of DUI.

Refusing a chemical test is not a guaranteed way to avoid prosecution. Instead, it often makes matters worse. Our attorneys at Ciccarelli Law Offices can advise you on how to challenge the legality of a chemical test request and defend against the subsequent penalties.

DUI Penalties and Mandatory Minimum Sentences in Pennsylvania

Criminal Penalties for DUI Convictions

Pennsylvania imposes severe penalties for DUI convictions, ranging from fines to incarceration. Penalties increase with each subsequent DUI offense and depend on the BAC level and tier of the charge:

• First Offense (General Impairment):
• • Up to six months of probation
  • $300 fine
  • Alcohol highway safety school
  • Treatment programs (if ordered by the court)
• Second Offense (High BAC):
• • 5 days to 6 months of jail time
  • $750 to $5,000 in fines
  • 12-month license suspension
  • Mandatory ignition interlock device
• Third Offense (Highest BAC):
• • 1 to 5 years of imprisonment
  • $2,500 to $10,000 fine
  • 18-month license suspension
  • Treatment programs and ignition interlock device

The penalties grow exponentially more intense for repeat offenders or if aggravating circumstances (e.g., accidents or injuries) exist.

Impact on Licensing and Driving Privileges

If convicted of a DUI in Pennsylvania, your ability to drive will face serious restrictions. The length of your license suspension depends on:

• The BAC level at the time of arrest.
• Whether it is your first, second, or subsequent offense.
• Whether you refused a chemical sobriety test.

A first-offense DUI with general impairment does not typically result in suspension. However, a high BAC (0.10% or above) results in a 12-month suspension even for first-time offenders. Repeat convictions or higher BAC levels warrant suspensions of up to 18 months. Restoring driving privileges often requires completing an ignition interlock program.

The attorneys at Ciccarelli Law Offices specialize in helping clients minimize license suspension periods and explore alternatives like obtaining occupational or hardship licenses.

Pennsylvania’s ARD Program for First-Time Offenders

What Is the ARD Program?

The Accelerated Rehabilitative Disposition (ARD) program is a unique opportunity under Pennsylvania law for first-time DUI offenders to resolve their charges without a formal conviction. ARD is designed to rehabilitate offenders while avoiding the harsh consequences of a criminal record. Successful completion of ARD typically results in the dismissal of charges and eligibility for criminal record expungement.

ARD Eligibility Requirements

Although Pennsylvania law provides for ARD, eligibility is at the sole discretion of the local district attorney’s office. Common eligibility guidelines include:

• This must be your first DUI offense.
• No accidents or injuries were caused as a result of the DUI.
• No minors were in the vehicle at the time of the offense.
• You complied with the chemical testing process (refusal could disqualify you).

For Havertown clients, our attorneys can guide you through the qualifications for ARD as determined by the local District Attorney’s Office, as these guidelines can vary based on county discretion.

Police Arrest Procedures for DUI in Pennsylvania

To lawfully arrest someone for DUI, Pennsylvania law requires a police officer to have reasonable suspicion to stop your vehicle (e.g., swerving, erratic driving) and probable cause to believe you are impaired. This is often established through a combination of field sobriety tests, observations (e.g., odor of alcohol, slurred speech), and a preliminary breath test (PBT).

If the officer acted outside the bounds of legal procedure, your arrest might be challenged. Our attorneys at Ciccarelli Law Offices meticulously scrutinize the details of your arrest to identify any violations of your rights.

Why Hire an Experienced DUI Attorney?

Successfully navigating the complexities of DUI law requires a defense attorney with a thorough understanding of Pennsylvania statutes, local prosecutors, and effective legal strategies. Attempting to handle a DUI charge alone often results in harsher penalties, lost driving privileges, or unnecessary stress. Here’s why you need an experienced attorney like Lee Ciccarelli:

• Knowledge of the Law: We understand every nuance of Pennsylvania DUI law and constantly stay updated on changes.
• Experience with Local Prosecutors: Our team has built strong relationships with local district attorneys, providing valuable insight into how to approach your case.
• Customized Strategies: Every DUI case is unique. We tailor our legal approach to your specific circumstances.

Why Choose Ciccarelli Law Offices?

About Lee Ciccarelli and His Team

Lee Ciccarelli has spent his legal career protecting the rights and futures of Pennsylvania residents. Based in the greater Philadelphia area, he has amassed a track record of positive outcomes through tireless dedication, strategic thinking, and sincere commitment to his clients.

Our team at Ciccarelli Law Offices shares Lee’s passion for justice. We combine decades of collective experience, courtroom expertise, and compassionate client care to provide the best defense possible.

Our Commitment to You

When you work with us, you become a priority. From your initial consultation to the resolution of your case, we go the extra mile to:

• Keep you informed every step of the way.
• Develop a rock-solid defense to protect your future.
• Advocate fiercely to secure the best possible outcome.

Protect Your Future with Ciccarelli Law Offices

Whether it’s fighting DUI charges, negotiating alternative sentencing through ARD, or reducing license suspension periods, the legal team at Ciccarelli Law Offices has the knowledge and experience to help you achieve the best possible outcome. Your future is too important to leave to chance.

Don’t face DUI charges alone. Contact Ciccarelli Law Offices today to schedule a free consultation with one of our experienced DUI attorneys. Call us now or fill out our online contact form to get started. We’re here to fight for you.