Delaware County DUI Attorney

DUI Lawyers in Delaware County PA

Dealing with a DUI charge in Delaware County, Pennsylvania, can feel overwhelming. The thought of navigating the complexities of Pennsylvania’s DUI laws is daunting, especially when faced with the potential consequences. At Ciccarelli Law Offices, we’re here to provide clarity, support, and unmatched legal representation to help you through this process.

Here, you’ll find everything you’re looking for about DUI charges in Delaware County, including statutory language, the different types of DUI charges, police practices in DUI cases, potential defenses, and guidelines for selecting a top DUI lawyer. Learn how Lee Ciccarelli and his team can become your best ally in defending against DUI allegations.

Understanding DUI Laws in Delaware County, PA

Driving under the influence (DUI) is taken very seriously in Pennsylvania. State law prohibits operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for adults, 0.02% for individuals under 21, and 0.04% for commercial drivers. Under Pennsylvania Consolidated Statutes Title 75, Section 3802, it is illegal to drive, operate, or control a vehicle while impaired by alcohol or drugs.

DUI Statutory Language

Pennsylvania’s DUI laws categorize offenses based on the driver’s BAC at the time of the arrest:

General Impairment: BAC of 0.08% to 0.099%.
High Rate of Alcohol: BAC of 0.10% to 0.159%.
Highest Rate of Alcohol: BAC of 0.16% and above.

Additionally, DUI charges can be filed for:

Driving under the influence of controlled substances.
Refusal to submit to chemical testing (implied consent violation).
Operating a vehicle with any detectable amount of a controlled substance in the blood.

Each category carries escalating penalties based on BAC levels, prior offenses, and specific circumstances like accidents or minors being present in the vehicle.

Types of DUI Charges in Delaware County

The circumstances of DUI charges can vary widely. Below, we break down common types of DUI charges:

DUI Charges for Adults

For individuals 21 and older, DUI charges are primarily categorized based on BAC level:

Tier 1 (General Impairment): BAC between 0.08% and 0.099%. Penalties may include probation, minimal fines, and mandatory alcohol education.
Tier 2 (High Rate): BAC between 0.10% and 0.159%. Consequences grow harsher, potentially involving jail time, license suspension, and higher fines.
Tier 3 (Highest Rate): BAC of 0.16% or greater. Expect more severe penalties, including extended jail time, heavy fines, and longer license suspensions.

DUI Charges for Drivers Under 21

Pennsylvania adopts a zero-tolerance stance toward underage drinking and driving. Individuals under 21 can be charged with a DUI for a BAC of just 0.02%. Penalties for underage DUI may include:

Fines up to $500.
License suspension for 12 to 18 months.
Mandatory alcohol education programs.
Possible jail time or community service.

DUI Charges for Minors

Minors face even stricter consequences if caught operating a vehicle while impaired. A minor’s legal responsibilities may also extend to parents, particularly in cases where parents supplied alcohol or failed to prevent access to it.

Elements of a DUI Charge

To convict someone of a DUI in Delaware County, prosecutors must prove several key elements beyond a reasonable doubt:

Operation of a Vehicle: The individual must have been driving, operating, or in control of the vehicle.
Impairment Level: Evidence must show that the driver was under the influence of alcohol or drugs, exceeding legal BAC limits or demonstrating clear impairment.

The prosecution often relies on evidence such as breathalyzer results, blood tests, and observations made by law enforcement officers.

Police Practices in DUI Cases

Law enforcement is trained to identify impaired driving behaviors such as swerving, erratic lane changes, or speeding. Typically, officers will:

Initiate a Traffic Stop: Based on reasonable suspicion of impaired driving.
Conduct Field Sobriety Tests (FSTs): These tests, such as the walk-and-turn or one-leg-stand, evaluate a driver’s coordination and balance.
Administer Preliminary Breath Tests (PBTs): Handheld breathalyzers may be used to assess BAC at the scene.
Request Chemical Tests: Under Pennsylvania’s implied consent laws, drivers agree to chemical testing (e.g., blood, breath, or urine) when they receive their license. Refusing such tests can result in automatic penalties.

However, police must adhere to strict protocols for stops, testing, and arrests. Any deviation from standard procedures could form the foundation of a DUI defense.

Possible Defenses to a DUI Charge

Being charged with a DUI doesn’t automatically mean conviction. An experienced DUI attorney can evaluate your case and develop a defense strategy tailored to your circumstances. Common defenses include:

Improper Traffic Stop: If the police lacked reasonable suspicion for the stop, any evidence gathered during the stop may be inadmissible.
Testing Errors: Faulty or improperly maintained breathalyzer machines or errors in administering blood tests can invalidate test results.
Medical Conditions: Certain health conditions, like diabetes or acid reflux, can lead to false-positive BAC readings.
Violation of Rights: Failure to inform you of your rights or coercion during the process can result in evidence suppression.
Challenging Field Sobriety Tests: These tests rely on subjective observations and may not accurately reflect impairment.

Choosing a Top Delaware County DUI Lawyer

Facing a DUI charge requires the right legal partner to guide you through the process. When searching for a top Delaware County DUI lawyer, consider the following qualities:

Experience: Knowledge of Pennsylvania DUI laws is crucial. Look for lawyers who specialize in DUI defense and understand local legal landscapes.
Success Rate: Look for an attorney with a track record of favorable outcomes in cases similar to yours.
Reputation: Seek attorneys with strong client testimonials and peer recommendations.
Customization: Your defense strategy should be tailored to your unique circumstances.
Accessibility: Clear communication and responsiveness are essential for a smooth process.

Why Choose Lee Ciccarelli and His Team?

The Ciccarelli Law Offices team stands out for our unwavering commitment to justice and client success. Here’s why we’re the right choice for your DUI defense:

Extensive Experience: With decades of experience in Pennsylvania DUI law, Lee Ciccarelli and his team have handled some of the most complex DUI cases, providing clients with skilled representation.
Innovative Defense Strategies: We go beyond cookie-cutter approaches. Our team evaluates every detail, from procedural practices to analyzing BAC testing methods, to craft a personalized defense strategy.
Proven Results: Our clients can trust us to strive for reduced charges, minimized penalties, and, when possible, case dismissals.
Client-Focused Approach: Compassion and communication are the cornerstones of our practice. We make it our mission to ease our clients’ burdens through transparent guidance and legal expertise.
Dedication to Justice: Lee Ciccarelli established his firm under the principles of fairness and justice, ensuring every client receives unparalleled representation.

Take the First Step Toward Protecting Your Future

A DUI conviction can have lifelong consequences, but with the help of skilled legal representation, you can protect your rights and mitigate potential penalties. At Ciccarelli Law Offices, we’re here to fight for you every step of the way.

Don’t face your DUI charge alone. Contact our team today for a free consultation to learn how we can help defend your case. Call or visit our website to speak with a trusted legal professional.

Ciccarelli Law Offices

Your trusted partner in DUI defense in Delaware County, Pennsylvania

A DUI charge is a serious offense in the state of Pennsylvania and absolutely needs to be taken seriously. The judicial system in Delaware County believe in sending a message by harshly punishing those who are found guilty of a DUI offense.

If you have been charged with a DUI, the lawyers at Ciccarelli Law Office are adequately equipped to help protect you from unfair punishment and the Delco judicial system.

Ramifications?

A DUI/DWI charge on your record, regardless of your age, sex, or race, brings impactful implications upon your career and your family. Between license suspension, thousand dollar plus fines, and even the loss of employment, a DUI in Delaware County must be taken with the most absolute level of seriousness. At Ciccarelli Law Office, our attorneys are extremely experienced defending clients charged with DUI and reducing or absolving the charges brought upon them.

Why Should You Fight?

It is always a good idea to consult a lawyer when you or a loved one is charged with a DUI. Despite your BAC(Blood Alcohol Content) level or the evidence the police have compiled against you, a lawyer is the first step to fighting back. The police are not there to help you or fix the problem when you are charged with a DUI in Delco; they are working against you. Hiring a lawyer from Ciccarelli Law Office means you have an experienced consultant on your side fighting for you and giving you trustworthy advice.

Being charged with a DUI doesn’t make you a bad person and a lawyer is how you redeem yourself and obtain the second chance you deserve. It may not clear your name, but a good lawyer like those at our firm can reduce the sentence and greatly help you in the long run.

Pennsylvania Laws: Implied Consent

In Pennsylvania, stepping behind the wheel means that you consent to all chemical tests for alcohol. If you refuse to take a BAC test, you are automatically charged with a one year license suspension, fines, and community service.

If you are unsure of what actions to take, you have the right to call an attorney after you are stopped, to ask for advice. The attorneys at Ciccarelli Law Offices are almost always available to take calls with on-call attorneys for after hours emergencies.

Also, the attorneys at our office have lengthy experience within the townships of Delaware County including Media, Chester Heights, and Chadds Ford. In 2015, there were 53,319 DUI arrests in Pennsylvania. One wrong move or one poor choice could make you one of those 53 thousand and create a massive obstacle in your life. Don’t leave your life to chance or in the hands of an inexperienced attorney. You need Ciccarelli Law Offices to stand behind you, support you, and do what is necessary in your time of need.

Since Act 24 went into effect on September 30, 2003, the penalties for DUI and DWI in the state of Pennsylvania (first offense) are as follows:

General impairment (0.08%-0.099% BAC). Six months of probation, $300 fine, mandatory alcohol safety school, alcohol/drug treatment program.
High BAC (0.10% to 0.159%). License suspension for one year, up to six months in prison, and fines from $500 to $5,000. Mandatory alcohol safety school and alcohol/drug treatment program.
Highest BAC (0.16% and greater). One-year license suspension, up to six months in prison, fines from $1,000 to $5,000, mandatory safety school, and alcohol/drug treatment

We Are the Ones For You?

If you need a DUI attorney, call and schedule a free consultation at any of our office locations. You can’t afford to wait when dealing with an offense as serious as a DUI and we understand the importance it carries. We are ready for you and are ready to assess you situation so that we can start helping you as soon as possible. Call our Delaware County office at (610) 692-8700 to schedule your consultation.