DUI Defense Attorneys in Devon, Pennsylvania

If you or your loved one is facing a DUI charge in Devon, Pennsylvania, your next steps will significantly impact your future. A DUI conviction can lead to steep fines, mandatory jail time, license suspension, and long-term damage to your reputation and career. At Ciccarelli Law Offices, Lee Ciccarelli and his experienced team specialize in DUI defense, providing a trustworthy and aggressive representation for clients in Devon and across Pennsylvania.

This detailed guide discusses Pennsylvania’s DUI laws, the penalties you might face, and why choosing an experienced attorney like Lee Ciccarelli is crucial for your case.

Understanding Pennsylvania’s DUI Laws

Pennsylvania’s DUI Statute

Driving under the influence (DUI) in Pennsylvania is addressed in Title 75, Section 3802 of the Pennsylvania Consolidated Statutes. The law prohibits individuals from operating a motor vehicle if their blood alcohol content (BAC) meets or exceeds the following thresholds:

• 0.08% or higher for general drivers.
• 0.04% or higher for commercial drivers.
• 0.02% or higher for drivers under the age of 21.

Furthermore, impairment due to drugs (prescription medication, controlled substances, or illegal drugs) qualifies as a DUI offense under this statute.

Types of DUI Charges

The severity of DUI charges in Pennsylvania depends on several factors, including BAC levels and prior DUI offenses:

• General Impairment DUI (BAC of 0.08%-0.099%)
• High BAC DUI (BAC between 0.10%-0.159%)
• Highest BAC DUI (BAC of 0.16% or higher, or driving under the influence of controlled substances)
• Drug-related DUI
• Underage DUI

Each type of charge carries specific penalties that increase in severity with the BAC level, prior DUI convictions, and other circumstances.

Pennsylvania’s Implied Consent Law

Under Pennsylvania’s implied consent law, if you operate a vehicle, you automatically consent to chemical testing (breath, blood, or urine) if an officer reasonably suspects you of driving under the influence. Refusal to submit to testing can lead to immediate consequences, including a 12-month license suspension (or 18 months for subsequent refusals) and additional penalties if convicted of DUI.

DUI Penalties in Pennsylvania

Criminal Penalties for DUI

Pennsylvania imposes varying penalties for DUI based on the driver’s BAC, prior offenses, and the type of DUI charge. Below are the potential criminal penalties categorized by their severity:

General Impairment DUI (BAC of 0.08%-0.099%)

First Offense:

• Up to 6 months probation.
• Fine of $300.

Second Offense:

• 5 days to 6 months imprisonment.
• Fines ranging from $300 to $2,500.

Third Offense:

• 10 days to 2 years in jail.
• Fines ranging from $500 to $5,000.

High BAC DUI (BAC of 0.10%-0.159%)

First Offense:

• 48 hours to 6 months imprisonment.
• Fine ranging from $500 to $5,000.

Second Offense:

• 30 days to 6 months imprisonment.
• Fines of $750 to $5,000.

Highest BAC DUI (BAC of 0.16% or greater)

First Offense:

• 72 hours to 6 months imprisonment.
• Fine ranging from $1,000 to $5,000.

Second Offense:

• Minimum of 90 days of imprisonment.
• Fine of $1,500 to $10,000.

License Suspension

DUI convictions can lead to license suspension penalties, depending on the severity of the charge:

• First DUI (General Impairment): No suspension.
• First DUI (High BAC): 12-month suspension.
• Second Offense or Refusal to Test: 12 to 18-month suspension.

Reinstatement will require completion of Pennsylvania’s Alcohol Highway Safety School and possibly the installation of an ignition interlock device (IID).

Pennsylvania ARD Program for First-Time Offenders

The Accelerated Rehabilitative Disposition (ARD) program offers first-time DUI offenders in Pennsylvania an opportunity to avoid a criminal conviction. Participation in the program may include:

• Alcohol education classes.
• Community service hours.
• Payment of fines and fees.

Upon successful completion, DUI charges can be dismissed, and the offender may apply for expungement to remove the arrest from their criminal record.

Eligibility for ARD

Eligibility for ARD is determined by the local District Attorney’s office, and guidelines may vary by county. For example, in Chester County (which includes Devon), offenders may be excluded from ARD consideration in cases involving:

• A refusal to submit to chemical testing.
• An accident resulting in serious injury or death.
• A minor passenger in the vehicle.

An experienced attorney can negotiate with the District Attorney to improve the chances of ARD acceptance.

Probable Cause and Officer Procedures

Before making a DUI arrest in Pennsylvania, an officer must have probable cause. Probable cause refers to a reasonable belief, based on factual evidence or observations, that you were driving under the influence. Common signs include:

• Erratic driving behavior.
• Slurred speech or bloodshot eyes.
• Field Sobriety Test (FST) results.
• Evidence of alcohol or drugs in the vehicle.

After a lawful arrest, the officer may request chemical testing to confirm impairment. Failure to comply can lead to additional penalties, as noted under the implied consent law.

Why You Need an Experienced DUI Attorney

Facing a DUI charge is not something anyone should handle alone. Pennsylvania’s DUI laws are complex, and navigating the legal system requires expertise. Here’s why hiring an experienced criminal defense attorney like Lee Ciccarelli is essential:

• Protecting Your Rights: We ensure that law enforcement acted properly during your arrest and fight to have any unlawful evidence suppressed.
• Minimizing Penalties: Our deep knowledge of Pennsylvania law allows us to negotiate for reduced charges, participation in the ARD program, or alternative sentencing when possible.
• Local Knowledge: We understand how Devon’s local courts and prosecutors handle DUI cases, providing a strategic advantage.

Why Choose Lee Ciccarelli and Ciccarelli Law Offices

Lee Ciccarelli and his team have established a reputation as one of Pennsylvania’s most trusted criminal defense firms. With years of experience and a client-centered approach, Ciccarelli Law Offices has helped countless individuals fight DUI charges and reclaim their lives.

Lee Ciccarelli’s Background

Lee Ciccarelli is a seasoned attorney with a passion for defending those facing criminal charges. He leads a dedicated team of legal professionals who combine skill, compassion, and an unwavering commitment to achieve the best outcomes for clients.

Commitment to Clients

At Ciccarelli Law Offices, we pride ourselves on our personalized approach. We recognize that each case is unique and tailor our strategies to meet the specific needs of our clients. When you hire us, you’re not just getting an attorney – you’re gaining a fierce advocate.

Proven Results

Our track record speaks for itself. Whether it’s getting charges dismissed, avoiding jail time, or securing ARD placements, our goal is always to provide you with the best possible outcome.

Don’t Face DUI Charges Alone

If you’re facing DUI charges in Devon, Pennsylvania, don’t risk your future by going it alone. Reach out to Ciccarelli Law Offices today for a confidential consultation. With our expertise and dedication, we’ll work tirelessly to protect your rights and fight for your freedom.

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What to Expect When Stopped or Arrested for DUI in Devon PA

Being stopped or arrested for DUI is a serious charge that can result in hefty fines, license suspension, and even jail time. If you are arrested for DUI in Devon PA, it is crucial to know what to expect and to consult and retain an experienced attorney, such as Lee Ciccarelli at Ciccarelli Law Offices. In this blog post, we will discuss the things to expect when stopped or arrested for DUI in Devon PA, and why Lee Ciccarelli is the right attorney to defend your case.

1. Sobriety Tests

When stopped for DUI in Devon PA, you will likely be asked to perform a series of sobriety tests, including a breathalyzer or blood test to determine your blood alcohol content (BAC). These tests are used as evidence against you in court, but they are not always accurate. An experienced DUI attorney can challenge the results of these tests and help you avoid harsh penalties.

2. License Suspension

If you are arrested for DUI in Devon PA, your license will automatically be suspended for a period of time. A skilled attorney can help you fight the suspension, or negotiate for a restricted license that allows you to drive to work or school.

3. Court Appearances

After a DUI arrest in Devon PA, you will be required to attend court appearances and potentially a trial. An experienced attorney like Lee Ciccarelli can represent you in court, negotiate plea bargains, and provide crucial guidance throughout the legal process.

4. Experience and Expertise

Lee Ciccarelli and his team at Ciccarelli Law Offices have over 35 years of experience defending the accused, and over 20 years of experience defending residents of Devon PA. Ciccarelli Law Offices have a proven track record of success defending DUI cases and have handled countless cases in the Devon PA area. Their expertise and experience can help you navigate the complex legal system and achieve the best possible outcome for your case.

5. Client Commitment

At Ciccarelli Law Offices, Lee Ciccarelli and his team are committed to the success of their clients. They work tirelessly to protect their clients’ rights and interests, and provide personalized attention to each and every case. They understand the emotional and financial toll that a DUI charge can take on an individual and their family, and are dedicated to helping clients move forward in the most positive way possible.

Being arrested for DUI in Devon PA can be an overwhelming and daunting experience. However, hiring an experienced and competent attorney like Lee Ciccarelli at Ciccarelli Law Offices can make all the difference in the outcome of your case. With over 35 years of experience, over 20 years of experience serving the residents of Devon PA, a proven track record of success, and a commitment to their clients’ success, Lee Ciccarelli and his team can help you navigate the legal system and achieve the best possible outcome for your case.