Philadelphia DUI Defense Lawyer
While few people are in favor of impaired drivers on the roadways, not all DUI charges are as straightforward as they might seem. You have rights, and if those rights were violated during your DUI arrest, then you may be entitled to have the charges dropped or reduced. Perhaps you were not intoxicated and there were problems with the Breathalyzer or blood test. Or, perhaps you agreed to a field sobriety test, but have medical issues or other issues that caused you to do badly on the tests. The police officer may not have had a valid reason to pull you over in the first place. There must be probable cause to pull you over in the first place. There must also be probable cause to ask you to submit to a breathalyzer or another test that would show impairment.
Why Choose A Philadelphia DUI Defense Lawyer?
Our Philadelphia DUI accident lawyers have over 50 years of combined experience with our goal of working toward the best possible results. We bring a team of former DUI prosecutors and Philadelphia defenders, armed with the experience to fight DUI charges and aimed at serving our clients when they need us most.
Our attorneys are battle-tested in the local court systems and experienced in taking on the local District Attorney’s Offices. We are also well versed in alternate sentencing programs, like the Accelerated Rehabilitative Disposition (ARD) and the Intermediate Punishment Program (IPP), and will strive to maximize each option so that you are equipped to make the most informed decision about your case.
DUI Process In Philadelphia
The process of being pulled over and arrested for DUI can be terrifying. Generally, DUI stops occur because a law enforcement officer believes a person to be impaired. Sometimes, individuals get stopped by police for some other offense but then come under suspicion of impairment during the traffic stop. If an individual is allegedly impaired, at least according to the opinion of the law enforcement officer, they will be asked to submit to a field sobriety test and possibly even a breathalyzer.
If the police officer establishes probable cause for impairment, then the individual will be taken into custody and processed at the police station. They will be asked to submit to an official blood alcohol content test and are usually released on bond shortly thereafter. It is important to understand that Pennsylvania is an implied consent state, which means drivers are required to submit to any blood, breath, or urine test if they have been arrested for DUI. Refusing to test during the arrest process will lead to a license suspension.
After a DUI Arrest
After a person is released from prison following a DUI arrest, they will be issued a court summons that explains when and where they need to appear for their preliminary hearing. We strongly encourage any person at this point in the process to reach out to a skilled DUI lawyer for help. Based on the evidence obtained against you so far, your counsel can advise you on whether or not the case will likely go to trial as well as possible pleas you should consider.
Pleading not guilty or contesting the charges will lead to an uphill battle because this essentially becomes your word versus the word of the arresting officer and their evidence. However, that does not mean a person shouldn’t fight the charges. However, people in this situation need to have adequate legal assistance in place before doing so. Even if you are going to plead guilty to a DUI, you still need to attend your preliminary hearing or have your attorney appear on your behalf. Failing to appear in court has a different set of penalties that can make life much harder.
What Are The Common DUI Defenses?
While the defense your attorney will use on your behalf will depend on the facts and circumstances surrounding your DUI charges, some of the more common DUI defenses include:
- You asked for an attorney after being arrested, but were denied the opportunity to contact your attorney. So long as your right to an attorney will not unreasonably delay or impede your DUI investigation, you are allowed to consult counsel. If you were not allowed to contact your attorney, then any evidence obtained after you asked for an attorney could be suppressed. A dismissal of the charges is also a possibility.
- Breathalyzer machines can be extremely inaccurate. A Breathalyzer test determines the particles of breath alcohol in your lungs, converting this into a measurement of blood alcohol level in your blood. Problems with Breathalyzers include:
- The Breathalyzer machine may not have been properly calibrated; an improperly calibrated Breathalyzer machine can wrongly indicate a higher BAC. The police department’s maintenance records may need to be looked at, along with the recommendations by the manufacturer regarding machine calibration.
- The police officer may not have been properly trained in using the Breathalyzer machine. The correct chemical solution might not have been used, or the police officer may not have followed all the steps that ensure a correct BAC.
- The Breathalyzer machine’s software may not have been properly programmed. This faulty programming could have caused a malfunction in the Breathalyzer machine.
- The person being tested could have a pre-existing medical condition like persistent acid reflux or diabetes that can skewer the BAC results.
- The person being tested works in an industry that uses chemicals such as paints, varnishes, gasoline, paint remover, or cleaning products. Fumes from these chemicals can result in a false positive.
- Variations in body temperature during the administration of the Breathalyzer test can result in falsely high readings.
- The Breathalyzer has an inherent 10 percent margin of error that can result in a falsely high reading.
- You were illegally stopped; the police officer did not have a reasonable, articulable basis to believe you violated a traffic law or another law. Without such a violation, there can be no initial stop.
- Your standardized field sobriety test results are inaccurate, or invalid. When performed on those who are overweight, elderly, have disabilities or illnesses, or are taking specific prescription drugs, the results of the Field Sobriety Test may not be accurate.
What are my Legal Options?
Your first step in these accidents will be to file a claim with the at-fault driver’s insurance carrier. However, for many drunk driving accident injuries, insurance requirements for Pennsylvania may not be sufficient. If the impaired driver’s insurance carrier does not offer a fair compensation amount, or if your expenses rise above the insurance policy limits, you may need to file a personal injury lawsuit.
A Philadelphia drunk driving accident attorney from the Ciccarelli Law Offices will work with you through every aspect of your case. If the at-fault driver has been charged with or convicted of DUI for the incident, the insurance company may want to avoid a jury trial and offer a settlement that covers all of your expenses. We will look into whether Pennsylvania’s Dram Shop law may shift the blame onto the establishment. If this is the case, we will file a claim against the establishment for your injuries and damages.
Consequences For First-Time Offenders
First-time DUI offenders generally face lesser penalties than those who have previously had a DUI. However, the consequences for a first-time offender will depend on the initial blood alcohol level at the time of the arrest. First-time penalties are as follows based on blood alcohol levels listed:
- BAC between .08 and .099:
- Ungraded misdemeanor charge
- Up to 6 months on probation
- $300 fine
- Alcohol safety school requirement
- Treatment when ordered
- BAC between .10 and .159:
- Ungraded misdemeanor charge
- 12-month license suspension
- 48 hours to 6 months in jail
- $500 to $5,000 fine
- Alcohol safety school requirement
- Treatment when ordered
- BAC above .16:
- Ungraded misdemeanor charge
- 12-month license suspension
- 72 hours to 6 months in jail
- $1,00 to $5,000 fine
- Alcohol safety school requirement
- Treatment when ordered
If you have been arrested for a DUI for the first time, please do not take this to mean you should not seek legal assistance. These consequences can be severe, but an attorney can step in on your behalf and handle the process for you. They will be the ones to handle all communication and negotiation with the prosecutor in order to help alleviate some of the consequences you face.
Consequences For Repeat Offenders
Individuals in Philadelphia and throughout Pennsylvania who receive subsequent DUI offenses will almost inevitably face more severe consequences if convicted. Again, just like the DUI penalties for a first-time conviction, the penalties for subsequent convictions depend on the blood alcohol level at the time of the current arrest. The punishments for a person with one and then two or more prior DUI offenses are listed below:
BAC between .08 and .099
- 1 prior DUI:
- Ungraded misdemeanor
- 12-month license suspension
- 5 days to 6 months in jail
- $300 to $2,500 fine
- Alcohol safety school requirement
- Treatment when ordered
- Ignition interlock device for 1 year
- 2 or more prior DUI:
- 2nd degree misdemeanor
- 12-month license suspension
- 10 days to 2 years in jail/prison
- $500 to $5,000 fine
- Treatment when ordered
- Ignition interlock device for 1 year
BAC between .10 and .159
- 1 prior DUI:
- Ungraded misdemeanor
- 12-month license suspension
- 30 days to 6 months in jail
- $750 to $5,000 fine
- Alcohol safety school requirement
- Treatment when ordered
- Ignition interlock device for 1 year
- 2 or more prior DUI:
- 1st degree misdemeanor
- 18-month license suspension
- 90 days to 5 years in jail/prison
- $1,500 to $10,000 fine
- Treatment when ordered
- Ignition interlock device for 1 year
- 3 or more prior DUI offenses:
- 1st degree misdemeanor
- 18-month license suspension
- 1 year to 5 years in prison
- $1,500 to $10,000 fine
- Treatment when ordered
- Ignition interlock device for 1 year
BAC above .16
- 1 prior DUI:
- 1st degree misdemeanor
- 18-month license suspension
- 1 year to 5 years in prison
- $1,500 to $10,000 fine
- Treatment when ordered
- Ignition interlock device for 1 year
- 2 or more prior DUI:
- 1st degree misdemeanor
- 18-month license suspension
- 1 year to 5 years in prison
- $2,500 to $10,000 fine
- Treatment when ordered
- Ignition interlock device for 1 year
Under Pennsylvania DUI law, commercial drivers, school vehicle or school bus drivers, and minors involved in an accident that causes injury or property damage could be subject to the penalties associated with higher blood alcohol content charges, even if their blood alcohol content is not in the higher category. Individuals who refuse chemical or breath testing may be subject to the highest blood alcohol content penalties on the chart.
How our DUI Accident Lawyers Can Help
Together, our Philadelphia personal injury lawyers have more than 50 years of experience in DUI law. We provide the efficient, error-free defense you need to stand a chance in a court of law after you’ve been involved in a DUI accident. Nobody wants to be under-prepared when the blame is being placed on his or her shoulders, especially if someone was injured or killed in the accident. Let Ciccarelli Law Offices fight in your corner and improve your chances of fighting back.
For many, a DUI arrest will be the first criminal charge they will face in their lifetime. This could be true for you as well. Even for a first-offense DUI, serious consequences are possible. Serious jail time, heavy fines, suspension of driving privileges, and a criminal record that hangs over your head for years to come can be the reality of DUI charges. These issues can also seem overwhelming. Having an experienced Ciccarelli Law Office attorney by your side can make all the difference in the outcome of your DUI charges.
Most people simply cannot afford to lose their licenses, spend time in jail, and possibly even lose their job due to DUI charges. At Ciccarelli Law Offices, we fully understand that these are not charges that can be taken lightly. We will work hard to have your charges reduced or dismissed before your appearance in court. If that is not possible, we will do everything in our power to secure the best outcome possible for you, your family, and your future.
Contact A Philadelphia DUI Lawyer Today
Our knowledgeable and experienced Philadelphia accident attorneys are ready to get to work on your behalf. We will investigate every aspect of your claim, work to prove liability, and secure the compensation to you are entitled to. Ciccarelli Law Offices is different—with more than fifty years of combined experience, we bring a team of former DUI prosecutors and Philadelphia defenders. We will come armed with everything you need to fight your DUI charges. When you need a Philadelphia drunk driving accident attorney, you can contact us for a free consultation by clicking here or calling (215) 309-9716.