Dauphin County/Harrisburg DUI Defense

Expert DUI Defense Attorneys in Harrisburg, Dauphin County

If you’re facing charges of drunk driving in Harrisburg or anywhere in Dauphin County, Pennsylvania, you know that a DUI conviction can have significant and lasting consequences on your life. From criminal penalties to license suspension and beyond, the stakes are high. Choosing the right criminal defense attorney can make all the difference. At Ciccarelli Law Offices, led by accomplished attorney Lee Ciccarelli, we pride ourselves on providing aggressive, compassionate, and experienced legal representation to individuals charged with DUI offenses. Here’s why we’re the best choice to defend your rights and secure your future.

Understanding Pennsylvania DUI Law

Driving under the influence (DUI) is a serious offense in Pennsylvania and is governed by several sections of its criminal code. A DUI occurs when an individual operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or when impaired by alcohol or drugs to the extent that they are unable to safely drive.

Individuals Can Face DUI Under the Following Circumstances:

• General Impairment (BAC 0.08% to 0.099%): The most basic level of DUI charge.
• High BAC (BAC 0.10% to 0.159%): Applies to individuals with significantly higher impairment.
• Highest BAC (BAC 0.16% and above): The most serious level of impairment, often accompanied by enhanced penalties.
• Drug-Related DUI: Operating a motor vehicle under the influence of a controlled substance.
• Underage DUI (BAC 0.02% or higher): A zero-tolerance policy applies to drivers under the age of 21.
• Commercial Driver DUI (BAC 0.04% or higher): Stricter limits for those operating commercial vehicles.

Pennsylvania also has an implied consent law, meaning that any licensed driver automatically agrees to chemical testing (blood, breath, or urine) if suspected of DUI. Refusing testing can lead to immediate penalties, including license suspension of at least 12 months, separate from the DUI charge itself.

DUI Penalties in Pennsylvania

The penalties for DUI in Pennsylvania depend on several factors, including the driver’s BAC level, prior offenses, and circumstances of the arrest.

First-Time DUI Convictions

• General Impairment:
• • Probation up to 6 months
  • $300 fine
  • Alcohol highway safety school
  • Treatment if court-ordered
  • No license suspension for BAC under 0.10%
• High BAC:
• • 48 hours to 6 months in jail
  • $500 to $5,000 in fines
  • 12-month license suspension
• Highest BAC:
• • 72 hours to 6 months in jail
  • $1,000 to $5,000 in fines
  • 12-month license suspension

Repeat Offenders

Penalties escalate sharply for multiple DUIs. Subsequent convictions may include:

• Longer jail times
• Heavier fines up to $10,000
• Lengthier license suspensions or even revocation
• Installation of an ignition interlock device

Additional Penalties

• Alcohol treatment programs
• Community service hours
• Harsher job and housing implications following conviction

Accelerated Rehabilitative Disposition (ARD) for DUIs in Pennsylvania

For first-time offenders, Pennsylvania offers a pre-trial diversion program called Accelerated Rehabilitative Disposition (ARD). This program is designed to give eligible individuals a second chance by avoiding a conviction and severe penalties.

Key Features of ARD:

• No jail time
• Avoidance of a criminal record
• Completion of community service and mandatory classes
• License suspension (typically reduced to 1 to 3 months)
• Eligibility to expunge arrest and ARD records after successful completion

Selection for ARD is at the discretion of the District Attorney’s Office. Dauphin County prosecutors typically have their own guidelines and eligibility requirements for ARD. Generally, offenses involving accidents, high BAC levels, or minors in the vehicle may disqualify an individual from ARD. An experienced attorney can maximize your chances of being accepted into the program.

DUI’s Impact on Your License

A DUI conviction in Pennsylvania almost always involves some form of license suspension. Here’s what you can expect:

• First-time offenders (BAC 0.08-0.99%) may not face a suspension.
• High BAC or Highest BAC typically leads to a 12-month suspension.
• Refusal of Chemical Testing under Implied Consent law results in a 12-month suspension for a first offense, and up to 18 months for subsequent offenses.
• Repeat offenders face increasingly longer suspensions, often compounded.

Once your suspension period has concluded, you may need to pay a restoration fee to reinstate your driver’s license, in addition to completing any administrative demands by PennDOT.

Grounds for a DUI Arrest in Pennsylvania

For a lawful DUI arrest, police officers must have probable cause that the driver is impaired or meets the statutory DUI thresholds. This includes:

• Observing dangerous or erratic driving behavior (e.g., swerving, speeding, or failing to obey traffic signals).
• Field sobriety tests (such as the walk-and-turn or one-leg stand).
• Preliminary breathalyzer results indicating impairment.

It’s crucial to note that police do make mistakes. Faulty testing equipment, improper administration of field sobriety tests, and lack of reasonable suspicion can all lead to charges being reduced or dismissed. That’s where having a seasoned DUI defense lawyer makes a difference.

Why Hiring an Experienced DUI Attorney Is Crucial

The consequences of a DUI conviction are life-altering, from potential jail time to the stigma of carrying a criminal record. Here’s how the Ciccarelli team can help:

• Challenging Evidence: We scrutinize every piece of evidence to identify weaknesses, from improper police procedures to chemical testing irregularities.
• Negotiating Reduced Charges: Our attorneys have a track record of securing reduced charges and even dismissals by negotiating with prosecutors.
• Guiding You Through ARD: We help first-timers successfully apply for and complete ARD to avoid a criminal record.
• Minimizing Driver’s License Penalties: We work to reduce or eliminate license suspensions wherever possible.

Why Choose Ciccarelli Law Offices?

Background and Commitment

Lee Ciccarelli founded Ciccarelli Law Offices with the mission of providing compassionate, client-focused legal representation. Lee brings 25 years of legal experience to the firm, with a strong dedication to fighting for justice and protecting the rights of individuals. Supported by a talented team, Ciccarelli Law Offices has garnered a reputation for excellence in criminal defense and DUI cases.

Personalized Approach

We understand that every DUI case is unique. From the moment you contact us, we tailor our strategy to your individual circumstances, whether it’s challenging faulty field sobriety tests, negotiating with prosecutors, or guiding you through the ARD program.

Established Success in Harrisburg and Dauphin County

We’ve successfully defended countless clients in the Harrisburg area and throughout Dauphin County. Our familiarity with local courts, prosecutors, and law enforcement gives us an edge when building your defense.

When your future is on the line, you need an attorney who will stop at nothing to protect it. At Ciccarelli Law Offices, we combine our deep understanding of Pennsylvania DUI laws with a commitment to achieving the best possible outcome for you or your loved one.

Take the First Step Toward Protecting Your Future

Facing a DUI charge in Harrisburg or Dauphin County can feel overwhelming, but you don’t have to face it alone. Ciccarelli Law Offices is here to guide you through the legal process, ensuring your rights are protected every step of the way.

Call us today at [Phone Number] or visit [Website URL] to schedule your free consultation. Together, we’ll build a strong defense and help you move forward with confidence.

As one of the oldest and most influential counties in the development of our nation, Dauphin County is located in South Central Pennsylvania, approximately 100 miles west of Philadelphia and 200 miles east of Pittsburgh.

One of the first immigrants to arrive in Philadelphia, accompanying William Penn, was John Harris. Harris and his wife eventually built a log cabin on the banks of the Susquehanna, near present-day Paxton and Front Streets. John’s son, John Harris, Jr., became the founder of Harrisburg, as well as a leader in the movement to establish Dauphin County. John Harris, Sr., introduced the first plow to the area when he began farming in Dauphin County. He was eventually granted 300 acres of land, by patent, which included the current site of the Dauphin County Courthouse. Harris also developed a large trade in furs and skins with the Indians, establishing a number of trading posts. Harris, Sr. died in 1748, buried beneath a mulberry tree in River Park.

Initially, the land which is now Dauphin County was a part of Chester County. The county was named Dauphin in honor of the King of France’s eldest son. The city was named Harrisburg, following a brief stint being named Louisbourg in honor of the French King.  At the time, a stormy debate arose as to whether the county seat should be in Harris Ferry or in Middletown, although it was eventually established that the county seat would be “near Harris Ferry.”  Harrisburg is not only the capital of Pennsylvania, it is the county seat of Dauphin County. Harrisburg is the 15^th largest city in Pennsylvania, lying on the east bank of the Susquehanna River, 107 miles west of Philadelphia.

The city of Harrisburg played a notable role in American history during the Industrial Revolution, the American Civil War, and the Westward Migration. During the Civil War, Camp Curtin was established near Harrisburg for the Union soldiers, escaping occupation by Confederate forces when General Lee diverted his army when it was within sight of Harrisburg.  During the 19^th century, the Pennsylvania Canal and the Pennsylvania Railroad allowed Harrisburg to become one of the most industrialized cities in the United States. The Pennsylvania Farm Show was first held in Harrisburg in 1917, as the largest free indoor agricultural exposition in the U.S.

Today, Harrisburg hosts an auto show, an outdoor sports show, motocross racings, remote control car racing and much, much more. Unfortunately, Harrisburg is also infamous for the Three Mile Island accident which occurred in 1979, near Middletown. Forbes Magazine rated Harrisburg the second-best place in the United States to raise a family in 2010. Harrisburg also ranked among the top 20 metropolitan areas in the U.S. to be “recession-proof, due in part to the high concentration of state and federal government agencies. The current state capitol, constructed of limestone and granite, was completed in 1906. With 1,100 acres devoted to parks, Harrisburg once boasted more parks per square mile than any other city in America.

Dauphin County Alcohol Education Program Classes

Dauphin County offers 100 percent online DUI 12-hour, 16-hour, 20-hour, 24-hour, 28-hour, and 32-hour DUI Alcohol Education Program Classes for every person placed on ARD or other preliminary disposition as a result of driving under the influence of alcohol or a controlled substance. These courses could not only be required by ARD, but also as a mandatory alcohol education program to fulfill court, employer, or state-mandated requirements. Online courses are taken at your convenience and at your own pace so you will not be forced to sit in a classroom for hours. Many courts in Dauphin County will require 12-16-hour courses for first-time offenders and longer courses for repeat offenders. It is necessary to gain court approval prior to registering for the classes.

New Pennsylvania DUI Laws

Pennsylvania has never been a state which is soft on DUI offenses, and recently, the laws have gotten even tougher for those caught driving while impaired. In 2018, a new felony category was created for certain DUI offenses. Drivers who cause a fatal accident while under the influence would face a minimum of five years in prison for each death—up from the current three years—if the driver had a prior DUI conviction. If the driver had two or more prior DUI convictions, the minimum prison term for each death in a fatal DUI accident would be seven years.

Pennsylvania Parents Against Impaired Driving, a group of parents in the state who have lost children to DUI accidents, believe repeat offenders in the state are responsible for at least 40 percent of all DUI fatalities. The bill also provides that multiple repeat offenders who are arrested for the third DUI with a BAC of .16 or higher would face felony charges. All repeat offenders who are facing a fourth or subsequent arrest for impaired driving would also face felony charges. Currently, Pennsylvania is one of just four states which treat all “standard” DUI convictions as misdemeanors.

The new law increases the penalties for driving while serving a DUI license suspension. Under the old laws, the maximum penalty was a $500 fine and up to 90 days in jail, regardless of whether the offense was a first or subsequent offense. Under the new law, a second DUI offense results in a fine up to $1,000 and at least 90 days in jail, while a third offense results in a $2,500 fine and up to six months in jail. Finally, the new law stipulates that any adult accompanying a driver with a learner’s permit must remain sober, or risk being charged with DUI as a passenger.

Ignition Interlock Laws in the State of Pennsylvania

Ignition Interlock devices are now required for first-time offenders with a high BAC level and those who are repeat DUI offenders. Those who refuse to submit to a chemical test for a first DUI, as well as repeat DUI offenders who refuse to submit to a chemical test, will be required to have an Ignition Interlock device installed for a year. Any person who violates the terms of his or her Ignition Interlock device will then be required to have the Ignition Interlock period of time extended.  Any person with a BAC higher than .10 percent will be required to have an Ignition Interlock device installed—in short, the only time an Ignition Interlock device is not mandatory is for a first-time DUI (within ten years) with a BAC less than .10 percent, and no injuries caused by the impaired driving.

Ignition Interlock devices prevent drivers who have been drinking from starting their vehicle. If alcohol is detected when the driver blows into the device, the vehicle will not start. Periodically, while the driver is driving, he or she will be prompted to blow into the device, and if alcohol is detected, the device will tell the driver to pull over as soon as it is safe to do so. The costs associated with a Pennsylvania Ignition Interlock device run between $900 and $1,300 per year.

ARD in Dauphin County

The purpose of the Dauphin County ARD Program is to take offenders who “have not yet made crime a way of life and encourage a fresh start under the supervision of the court and probation officials.” Successful completion of the Dauphin County ARD Program allows the participant to restore a clean record. To qualify for the Dauphin County ARD Program, the applicant must have a record free from serious criminal convictions and must not have been accused of a violent crime. The ARD Program in Dauphin County accelerates rehabilitation; following being held for DUI court by an issuing authority, a defendant can apply for the ARD Program by completing an application. If you complete the application at your preliminary hearing, you must elect to waive arraignment. Once you have completed the ARD program and waived arraignment, the DA’s office will send you a notification of the date for your ARD hearing—usually 90 days after application.

Prior to the scheduled ARD hearing, a defendant must pay an ARD acceptance fee, all outstanding restitution, and other costs and fees. After being admitted into the Dauphin County ARD Program, if you fail to complete the program, you can be tried for your original DUI charges. Any money paid toward ARD fees and costs is non-refundable. After being placed in the ARD Program, you will be required to attend a Victim Impact Panel and four 4-hour Alcohol Highway Safety classes. If a license suspension applies in your case, you must surrender your license to the Court Clerk on the day you are accepted.

Our Dauphin County/Harrisburg DUI Lawyers Are There When You Need Us

At Ciccarelli Law Offices, our Dauphin County/Harrisburg DUI attorneys are here to help you following your DUI charges. We understand you are facing many serious penalties, and that you may be feeling very anxious about your future. It is likely you have many questions you need answered, and we will comprehensively answer those questions. We understand that if you are unable to drive, you may be unable to work, therefore, we will always fight hard to retain your driving privileges.