Experienced DUI Defense in Plymouth Meeting, PA

If you or a loved one has been charged with driving under the influence (DUI) in Plymouth Meeting, Pennsylvania, you may be feeling overwhelmed and unsure where to turn. Navigating the complexities of Pennsylvania’s DUI laws, the penalties associated with a conviction, and available legal defenses requires a deep understanding of the law and an experienced attorney by your side. At Ciccarelli Law Offices, our team, led by the highly respected Lee Ciccarelli, is here to fight for you and secure the best possible outcome in your case.

Understanding Pennsylvania’s DUI Statute

Pennsylvania’s DUI laws are outlined under Title 75, Section 3802 of the Pennsylvania Consolidated Statutes. A driver may be considered under the influence if their blood alcohol concentration (BAC) exceeds state limits or if they are impaired to the point where they cannot safely operate a vehicle. The state has established a tiered DUI system based on BAC levels and other aggravating factors:

• General Impairment: BAC of 0.08% to 0.099%.
• High BAC: BAC of 0.10% to 0.159%.
• Highest BAC: BAC of 0.16% and above, or incidents involving controlled substances.

Each tier carries increasingly severe penalties, making it critical to fully understand where your case falls within these categories.

DUI Charges in Pennsylvania

There are several types of DUI charges in Pennsylvania, depending on the circumstances of the arrest:

1. DUI – General Impairment:

• • • Applies to drivers with a BAC of 0.08% or higher.
    • First-time offenders often face lenient penalties but could still lose their driver’s license and face fines.

2. Drug-Related DUI:

• • • Includes cases involving controlled substances or prescription drugs that impair driving ability.
    • Penalties for drug-related DUIs often fall under the highest BAC tier.

3. Underage DUI:

• • • For drivers under 21, a BAC as low as 0.02% can trigger a DUI charge.
    • Pennsylvania enforces a zero-tolerance approach for underage drinking and driving.

4. Commercial Vehicle DUI:

• • • For commercial drivers, the BAC threshold is much lower at 0.04%.
    • A CDL holder faces career-damaging penalties for even minor infractions.

Understanding the type of charge you are facing is key to building a strong legal defense.

The Pennsylvania Implied Consent Law

Under Pennsylvania’s Implied Consent Law (Title 75, Section 1547), all drivers who operate a vehicle in the state are considered to have given consent to a chemical test (such as breath, blood, or urine) if lawfully arrested for suspected DUI. Refusing to submit to a chemical test can result in severe consequences, including:

• An automatic 12-month driver’s license suspension for a first refusal.
• Increased penalties for a DUI conviction, potentially elevating the charge to the highest BAC tier.

Refusal to submit to testing does not mean you are immune to prosecution. Prosecutors can argue your refusal itself is evidence of guilt. This highlights why experienced legal representation can be the difference between conviction and reduced or dismissed charges.

DUI Penalties in Pennsylvania

The criminal penalties for a DUI conviction in Pennsylvania are serious and vary based on factors such as your BAC, previous offenses, and whether the incident caused injuries or property damage. Below are the penalties associated with each level:

General Impairment (0.08% to 0.099% BAC):

• First Offense:
• • $300 fine.
  • Up to 6 months on probation.
  • Mandatory alcohol highway safety school.
• Second Offense:
• • 5 days to 6 months imprisonment.
  • $300-$2,500 in fines.
  • 12-month license suspension.

High BAC (0.10% to 0.159% BAC):

• First Offense:
• • 48 hours to 6 months in jail.
  • $500-$5,000 in fines.
  • 12-month license suspension.

Highest BAC (0.16% and Above or Controlled Substance):

• First Offense:
• • 72 hours to 6 months in jail.
  • $1,000-$5,000 in fines.
  • 12-month license suspension.

For repeat offenders, the penalties increase significantly, including longer jail sentences, steeper fines, and extended license suspensions.

Pennsylvania’s First Time Offender Program (ARD)

Pennsylvania offers the Accelerated Rehabilitative Disposition (ARD) program for first-time DUI offenders. ARD is a pretrial diversion program designed to rehabilitate rather than punish. Successful completion can result in the dismissal of charges and the expungement of your record.

Who Decides ARD Eligibility?

Eligibility for ARD is not automatic. It is at the discretion of the District Attorney’s Office, and guidelines may vary by county. Generally, offenders must meet the following criteria:

• No prior DUI convictions.
• No crashes involving serious injuries or fatalities.
• No passengers under 14 years of age in the vehicle.

In Montgomery County, home to Plymouth Meeting, the DA’s office enforces strict ARD guidelines. An experienced attorney knows how to highlight elements of your case to improve your chances of admission into this valuable program.

Impact on Your Driver’s License

A DUI conviction in Pennsylvania can have a significant impact on your driver’s license:

• A general impairment conviction may not result in suspension for a first offense but can for repeat offenses.
• High BAC or Highest BAC charges result in automatic license suspensions ranging from 12 to 18 months.
• If you refuse a chemical test, your license will be suspended regardless of your DUI outcome.

Losing your driving privileges can disrupt every aspect of your daily life. We fight to minimize or eliminate these consequences, protecting your ability to move forward.

What Justifies a DUI Arrest?

For a police officer to arrest someone for DUI and request chemical testing, they must have probable cause. This includes:

• Observation of impaired behavior (e.g., swerving, slow reactions).
• Evidence of alcohol use (e.g., the smell of alcohol or open containers).
• Failed field sobriety tests.
• Preliminary BAC results from a breathalyzer.

If any of these steps are conducted improperly, your attorney can challenge the evidence, potentially leading to a dismissal of charges.

Why Hiring an Experienced DUI Attorney is Crucial

DUI cases are highly technical and require a deep understanding of local laws, procedures, and court systems. An experienced attorney will:

• Evaluate the evidence for procedural errors or violations of your rights.
• Negotiate for reduced charges or penalties, such as ARD eligibility.
• Represent your case in court and fight for acquittal where possible.

The stakes are too high to go it alone, especially with the long-term impact of a DUI conviction on your record.

Why Choose Lee Ciccarelli and Ciccarelli Law Offices?

Lee Ciccarelli and his accomplished team bring decades of combined experience in criminal defense and DUI cases. Here’s why we are your best choice in Plymouth Meeting, PA:

Proven Results

Our team has a track record of successfully defending and negotiating favorable outcomes for DUI charges in Montgomery County and Pennsylvania.

Local Knowledge

We understand the nuances of local courts, prosecutors, and judges. Our familiarity with the Montgomery County District Attorney’s Office guidelines and ARD eligibility requirements gives our clients an advantage.

Commitment to Clients

Lee Ciccarelli founded the firm on the principle of helping individuals and families during their most challenging times. We treat every case with the care and attention it deserves.

Tailored Defense Strategies

No two cases are the same. We listen to your story, assess the evidence, and craft a defense strategy that aligns with your goals, whether that’s avoiding a conviction, reducing penalties, or protecting your record and license.

Contact Ciccarelli Law Offices for DUI Defense Today

If you’re facing DUI charges in Plymouth Meeting or Montgomery County, don’t leave your future to chance. The experienced attorneys at Ciccarelli Law Offices are here to protect your rights, your license, and your reputation.

Schedule a Free Consultation Today and find out how we can make a difference in your case.