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Kennett Square PA DUI Lawyers

ciccarelli mobile tablet DUI Attorney in Kennett Square

Driving under the influence (DUI) charges in Pennsylvania are some of the most serious criminal offenses an individual can face. From the moment you are stopped by a police officer, your rights, future, and reputation are immediately at stake. If you are arrested and charged with DUI, it’s important to act quickly to protect yourself. Chester County residents in Kennett Square who are facing DUI charges need an experienced DUI criminal defense attorney on their side. That’s where Ciccarelli Law Offices come in, led by attorney Lee Ciccarelli and a team dedicated to client success.

At Ciccarelli Law Offices, we take DUI charges seriously, understanding they are not just legal matters but issues that can significantly affect your family, career, and freedom. Our experienced legal team has a proven track record of achieving the best possible results for clients, whether it’s challenging the legality of a traffic stop or securing entry into Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program.

If you or someone you care about has been arrested for DUI in Kennett Square or anywhere in Chester County, here’s why hiring an experienced DUI attorney like Lee Ciccarelli can make all the difference.

DUI Laws in Pennsylvania and What They Mean for You

Understanding Pennsylvania’s DUI Statute

Pennsylvania has strict DUI laws outlined under Section 3802 of the Pennsylvania Vehicle Code. This statute defines DUI as operating a vehicle while impaired by alcohol, drugs, or a combination of both. The legal limit in Pennsylvania is a blood alcohol concentration (BAC) of 0.08% for regular drivers, but this limit is significantly lower for certain categories:

  • Commercial Drivers: 0.04% BAC
  • Minors (under 21): 0.02% BAC

The statute categorizes DUI into different tiers, based on your BAC:

  • General Impairment: 0.08% – 0.099% BAC
  • High BAC: 0.10% – 0.159%
  • Highest BAC: 0.16% and above

Your penalties depend on your BAC level, prior offenses, and other factors like whether minors were present or if any property damage occurred.

Types of DUI Charges

Pennsylvania categorizes DUI offenses as follows:

  1. General Impairment DUI: Lack of noticeable intoxication but exceeding 0.08% BAC.
  2. Drug-Related DUI: Includes controlled substances or prescription medication that impairs driving.
  3. Minors’ DUI: Drivers under 21 with even slight evidence of alcohol in their system.
  4. Commercial & CDL DUI: Stricter limits for those holding a Commercial Driver’s License.
  5. Vehicular Homicide DUI: When an impaired driver causes a fatal accident, it can escalate to a felony charge.

Understanding the specific charge you’re facing is critical to mounting a defense.

The Implied Consent Law in Pennsylvania

Pennsylvania enforces an “implied consent” statute, which requires drivers to submit to chemical testing (breath, blood, or urine) if law enforcement suspects DUI. Refusing a chemical test comes with swift and severe penalties:

  • First refusal: Automatic 12-month license suspension.
  • Subsequent refusals: Significantly harsher penalties, including longer suspensions and additional mandatory fines.

It’s important to note that refusal of a chemical test can still result in DUI charges, and the refusal itself can be used against you in court.

Criminal Penalties and Mandatory Minimum Sentences in DUI Cases

Criminal Penalties per DUI Tier

The penalties for DUI in Pennsylvania escalate based on the severity of the offense. Here’s a breakdown:

  • First Offense (General Impairment):
    • Up to 6 months probation.
    • $300 fine.
    • No license suspension.
  • Second Offense (High BAC):
    • 30 days to 6 months in jail.
    • $750 – $5,000 fine.
    • 12-month suspension.
  • Third Offense (Highest BAC):
    • 1 to 5 years in prison.
    • $1,500+ in fines.
    • 18-month suspension.

Mandatory Minimum Sentencing

Under Pennsylvania law, repeat offenders and those with “highest BAC” levels face mandatory minimum sentences. These penalties are non-negotiable unless you have competent legal representation working on alternative resolutions.

The ARD Program for First-Time Offenders

Pennsylvania offers first-time DUI offenders a chance to avoid a criminal conviction through the ARD (Accelerated Rehabilitative Disposition) program. This pretrial intervention program allows eligible individuals to move forward without a permanent criminal record.

How Does ARD Work?

  • If accepted into ARD, offenders typically complete requirements such as:
    • Alcohol education or treatment programs.
    • Community service.
    • Fines and administrative fees.
  • Upon successful completion, charges are dismissed, and records can be expunged.

Prosecutor’s Discretion in ARD Eligibility

Acceptance into ARD is not automatic. The Chester County District Attorney’s Office has the discretion to determine eligibility based on guidelines such as:

  • No prior DUI offenses.
  • No minors were present in the vehicle.
  • No injuries or extensive property damage occurred in the incident.

Lee Ciccarelli and his team are well-versed in ARD requirements and can advocate for your acceptance into the program, giving you a second chance.

The Consequences of a DUI Conviction on Your Driver’s License

One of the most immediate impacts of a DUI conviction in Pennsylvania is the suspension of your driver’s license. The suspension period varies depending on the nature of your conviction:

  • First General BAC Offense: No suspension.
  • First High BAC Offense: 12-month suspension.
  • Refusal of Chemical Test: Automatically results in 12 to 18 months suspension.

Losing your license can severely impact your ability to work and live a normal life. An experienced attorney can fight to minimize these penalties.

What Police Officers Need to Make a DUI Arrest

Police officers in Pennsylvania must have reasonable suspicion to initially stop your vehicle and then establish probable cause before proceeding with a DUI arrest. This can include:

  • Erratic driving behavior (e.g., swerving).
  • Obvious signs of intoxication (e.g., slurred speech, odor of alcohol).
  • Field sobriety test results.

However, officers sometimes make mistakes during stops and arrests which can be leveraged in your defense to challenge the legality of the arrest.

Why You Need an Experienced DUI Attorney

Facing DUI charges without an experienced attorney can result in prolonged suspensions, unnecessary fines, and even jail time that could have been avoided. An attorney like Lee Ciccarelli brings the following advantages:

  • Thorough Review of Your Case: Identifies any procedural errors or violations of your rights.
  • Understanding of Local Laws and Courts: Familiar with Chester County’s prosecutors and judges.
  • Strategic Skills: To negotiate entry into ARD or advocate for reduced penalties.

Why Choose Lee Ciccarelli and His Team

Lee Ciccarelli brings decades of experience and dedication to his clients to every case he handles. Growing up in Chester County, Lee understands the local community and has dedicated his career to helping those in his hometown area. His award-winning skills as a DUI attorney, coupled with his commitment to excellent client service, make him your best choice when facing DUI charges.

At Ciccarelli Law Offices, we believe every client deserves a vigorous defense and personalized attention. With a team of seasoned attorneys, we’ve developed a reputation of exceeding expectations, ensuring minimal impact to your life after a DUI arrest.

Take Control of Your DUI Case with Ciccarelli Law Offices

Your future is too important to leave to chance. If you’re charged with DUI in Kennett Square or anywhere in Chester County, take the first step toward protecting your rights and freedom by contacting Ciccarelli Law Offices. Call today to schedule your free consultation and learn how we can help you.

What to do when arrested for DUI in Kennett Square PA

Driving under the influence (DUI) is a serious offense in Kennett Square, Pennsylvania, with severe consequences that can affect your life in many ways. Getting arrested for DUI can be a stressful and overwhelming experience. However, it is essential to understand the consequences of a DUI arrest and what to expect in the legal process. That is why it’s important to hire an experienced DUI lawyer who can help you navigate the legal system and protect your rights.

In this blog post, we will discuss what to expect when you are stopped or arrested with DUI in Kennett Square PA. We will also provide you with reasons why you should consult and retain Lee Ciccarelli and Ciccarelli Law Offices, a law firm with more than 35 years of experience defending the accused in DUI cases and over 20 years of experience defending residents of Kennett Square PA.

  1. What to expect when arrested for DUI

When you are pulled over by a police officer on suspicion of DUI in Kennett Square PA, you will be asked to perform a field sobriety test or a Breathalyzer test. If you fail these tests, the police officer may arrest you on suspicion of DUI. You will be taken to a local police station or a hospital for a blood test and booked into the county jail. After that, you will likely be released on bail and given a court date.

  1. The consequences of a DUI conviction

A DUI conviction in Kennett Square PA can have severe consequences, including a mandatory license suspension, fines, and even jail time. These consequences can also affect your life in many ways, such as your employment opportunities, insurance rates, and personal relationships. That is why it’s crucial to hire a DUI lawyer who can help you fight the charges and protect your rights.

  1. Reasons to hire Lee Ciccarelli and Ciccarelli Law Offices

Lee Ciccarelli and Ciccarelli Law Offices have over 35 years of experience defending clients in DUI cases in Kennett Square PA and throughout Pennsylvania. Lee Ciccarelli has successfully defended numerous clients facing DUI charges, earning him recognition as one of the top DUI lawyers in Pennsylvania. He is committed to his clients’ success and will do everything possible to protect their rights, reputation, and freedom.

  1. What to expect from Lee Ciccarelli and Ciccarelli Law Offices

When you hire Lee Ciccarelli and Ciccarelli Law Offices, you can expect experienced and aggressive representation from start to finish. They will investigate every aspect of your case, including the traffic stop, field sobriety tests, Breathalyzer tests, and blood tests, to find weaknesses in the prosecution’s case. They will also negotiate with the prosecutor and work to get your charges reduced or dismissed altogether. If necessary, they will take your case to trial and fight for your rights in court.

 

  1. Benefits of hiring a DUI lawyer

Hiring a DUI lawyer can help you in many ways. A DUI lawyer can provide you with legal advice, protect your rights, and guide you through the complex legal process. They can also negotiate with the prosecutor and work to get your charges reduced or dismissed. If necessary, they can represent you in court and fight for your rights. Hiring a DUI lawyer can increase your chances of a more favorable outcome and mitigate the consequences of a DUI conviction.

Getting arrested for DUI can be a stressful and overwhelming experience, but hiring an experienced DUI lawyer can make a difference in the outcome of your case. Lee Ciccarelli and Ciccarelli Law Offices have over 35 years of experience defending clients facing DUI charges in Kennett Square PA and throughout Pennsylvania. They are committed to their clients’ success and will do everything possible to protect their rights, reputation, and freedom. If you have been arrested for DUI in Kennett Square PA, contact Lee Ciccarelli and Ciccarelli Law Offices for a free consultation.

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