Experienced DUI Defense Attorneys in Lebanon, PA

Driving under the influence (DUI) is considered a serious offense in Pennsylvania, carrying potentially life-altering consequences. If you or a loved one are facing DUI charges in Lebanon, PA, it’s crucial to understand the legal landscape and your rights under Pennsylvania law. With steep fines, license suspensions, and even potential jail time on the line, having an experienced DUI attorney by your side can make all the difference.

Lee Ciccarelli and his team at Ciccarelli Law Offices are here to provide the expert representation you need. Known for their dedication, legal acumen, and personalized approach, Ciccarelli Law Offices is your solution to navigating DUI charges in Lebanon, Pennsylvania.

Overview of Pennsylvania’s DUI Statute

Pennsylvania’s DUI statute, outlined in 75 Pa. C.S. § 3802, makes it illegal for individuals to operate a vehicle while impaired by alcohol or drugs. The state employs a tiered system to determine the severity of charges, based on Blood Alcohol Concentration (BAC) levels, prior convictions, and other circumstances.

Here are the three BAC levels under Pennsylvania law:

• General Impairment (BAC of 0.08% to 0.099%)
• High BAC (BAC of 0.10% to 0.159%)
• Highest BAC (BAC of 0.16% or higher, or impaired by drugs)

These BAC thresholds apply to drivers over the age of 21. There are stricter rules for underage drivers (zero-tolerance policy) and commercial drivers, establishing a lower BAC limit of 0.02%.

Types of DUI Charges in Pennsylvania

Beyond the BAC levels, Pennsylvania recognizes several types of DUI charges:

• Alcohol-Related DUI:

Driving with a BAC over the legal threshold or operating a vehicle under the influence of alcohol.

• Drug-Related DUI:

Driving under the influence of controlled substances, including illegal drugs and prescription medications.

• Underage DUI:

Drivers under 21 caught with a BAC of 0.02% or higher face serious penalties.

• Commercial DUI:

Individuals driving a commercial vehicle with a BAC of 0.04% or higher.

• Multiple Offenders:

For those with repeated DUI convictions, penalties become significantly harsher.

Each type of charge comes with distinct legal nuances, which an experienced criminal defense attorney can leverage to build a robust defense.

Understanding Pennsylvania’s Implied Consent Law

Pennsylvania’s implied consent law, codified in 75 Pa. C.S. § 1547, requires that drivers who are lawfully arrested for DUI submit to chemical testing (breath, blood, or urine) to determine their BAC or presence of drugs. Refusal to comply can lead to administrative penalties, including:

• Automatic License Suspension: A refusal results in a 12-month suspension for a first offense and 18 months for subsequent refusals.
• Considered as Evidence: Refusal to submit to testing can be used as evidence against the driver in DUI proceedings.

Importantly, while implied consent laws impose penalties for refusal, police officers must still have lawful grounds for requesting chemical testing.

When Can a Police Officer Arrest You for DUI?

To arrest a driver for suspicion of DUI, an officer must have probable cause. Probable cause arises when there are observable facts that indicate the driver may be impaired. This often includes:

• Swerving or erratic driving
• Slurred speech
• The odor of alcohol
• Bloodshot or watery eyes
• Difficulty completing field sobriety tests

If probable cause exists, the officer may request a chemical test and make an arrest. An experienced DUI lawyer can challenge whether the officer followed the correct legal procedures leading to your arrest.

Criminal Penalties for DUI in Pennsylvania

The criminal penalties for a DUI conviction in Pennsylvania vary based on the severity of your offense. Here’s a breakdown of possible penalties under 75 Pa. C.S. § 3804:

1. General Impairment (BAC 0.08% to 0.099%)

• • • First offense:
    • • Ungraded misdemeanor
      • $300 fine
      • No mandatory jail time
      • Alcohol Highway Safety School and possible treatment
    • Second and third offenses escalate penalties: Up to jail time, fines, and longer suspensions.

2. High BAC (0.10% to 0.159%)

• • • First offense:
    • • Minimum of 48 hours in jail
      • $500–$5,000 fine
      • 12-month license suspension
    • Harsher penalties for subsequent convictions.

3. Highest BAC (0.16% or greater)

• • • Includes increased minimum jail time, significant fines, and extended license suspensions.

4. Drug DUIs and Repeat Offenders

• • • These carry some of the most severe penalties, including lengthy jail sentences and fines.

Pennsylvania’s ARD Program for First-Time Offenders

For first-time DUI offenders, Pennsylvania offers an Accelerated Rehabilitative Disposition (ARD) program. ARD is a pre-trial program designed to rehabilitate offenders and reduce the burden on the judicial system, while helping eligible individuals avoid a criminal record.

How ARD Works:

• Upon successful completion of ARD (which includes community service, probation, and possible treatment), DUI charges will be dismissed.
• You may then be eligible to petition for expungement, clearing your record of the DUI.

Eligibility for ARD:

Eligibility for ARD is determined by the District Attorney’s Office in the local county, and guidelines can vary. Factors affecting eligibility include:

• The absence of any prior DUIs
• No serious injuries or fatalities resulting from the DUI incident
• A clean criminal record

The District Attorney’s Office in Lebanon County imposes clear eligibility requirements. Navigating ARD guidelines is essential, which is why an experienced attorney is invaluable in advocating for your acceptance into the program.

Impact of a DUI on Your Driver’s License

A DUI conviction will have direct consequences for your driving privileges in Pennsylvania, including:

• License Suspension:
• • First offense (High BAC): 12 months
  • Second offense (General Impairment): 1-year suspension
  • Repeat offenders or those refusing chemical tests may face extended suspensions of up to 18–24 months.
• License Restoration Fees:

You’ll need to pay a restoration fee and meet additional requirements (such as completing treatment programs) to reinstate your license.

An experienced attorney can work to minimize these impacts, including seeking conditional driving privileges or contesting the suspension period.

Why Hire an Experienced DUI Attorney?

Facing a DUI charge can be overwhelming and complex. It’s not just about the immediate penalties; it’s about protecting your future. Here’s why having an experienced DUI attorney matters:

• Knowledge of DUI Laws:

An experienced attorney knows the nuances of Pennsylvania DUI statutes and can identify weaknesses in the prosecution’s case.

• Challenge Evidence:

A skilled attorney can challenge the validity of traffic stops, field sobriety tests, and chemical test results.

• Negotiate Penalties:

Your lawyer can negotiate reduced charges, alternative sentencing, or entry into programs like ARD.

At Ciccarelli Law Offices, we understand the importance of your freedom, reputation, and driving privileges. Our experienced attorneys leverage years of expertise to build the strongest defense possible.

Why Choose Lee Ciccarelli and His Team?

When it comes to defending DUI cases in Lebanon, PA, Lee Ciccarelli and his team are unmatched. Here’s what sets us apart:

• Proven Track Record:

With decades of combined experience, we’ve successfully represented clients facing serious DUI charges.

• Client-Centered Approach:

We believe in treating every client like family, ensuring personalized attention at every step.

• Local Expertise:

We understand Lebanon County’s courts, District Attorney guidelines, and the nuances of local law.

• Results-Driven Representation:

From negotiating ARD entry to reducing penalties, our team fights tirelessly for the best outcome.

About Lee Ciccarelli:

Lee Ciccarelli, founder of Ciccarelli Law Offices, has built his career on the principles of justice, commitment, and advocacy. Lee’s team is passionate about adding value at every stage of your defense, ensuring no stone is left unturned.

Contact Us Today

If you or someone you love is facing DUI charges in Lebanon, PA, don’t face it alone. Ciccarelli Law Offices is here to provide guidance, expertise, and aggressive defense strategies. Contact us today for a free consultation and take your first step toward protecting your future.

Lebanon DUI Defense

Lebanon is a quiet Pennsylvania town, located between Harrisburg, Hershey, Lancaster and Reading which was bypassed by modern transport routes I-78 and the Pennsylvania Turnpike.  In the area which is now Lebanon, Pennsylvania, native tribes included the Shawnee, Lenape, Nanticoke, Gawanese, and Susquehannock. Lebanon was settled by European colonists in 1720, originally known as Light’s Fort. The town was laid out in 1753, incorporated as a borough in 1821, and became a city in 1885. In 1878, a murder which occurred in Fort Indiantown Gap resulted in a trial of six defendants, all of whom had blue eyes. The trial was held in the Lebanon County Courthouse; a newspaper reporter attended the trial, dubbing the defendants the Blue-eyed Six. Five of the six defendants were hanged at the County Jail, with the trail receiving worldwide publicity.

Lebanon is an old transportation and minor industrial center located on the route of the original canal through the area.  Lebanon was formerly home to a major steel mill operated by Bethlehem Steel, and Lebanon bologna was first made here. Like some other Pennsylvania towns, Lebanon drops or raises a unique item on New Year’s Eve at midnight. A 150-pound Lebanon bologna is donated each year for the festivities. The bologna is encased in a metal frame and suspended from a fire department ladder truck, later donated to a rescue mission. In 2008, Mike Rowe, host of Dirty Jobs visited Seltzer Smokehouse Meats to film a production of Lebanon bologna.

There are many historic structures in the town, some of which have been repurposed into residential homes and small businesses. The area around Lebanon is primarily farmland, with the Allegheny Ridge protecting the area from the harshest weather coming in from the Northwest. The climate of Lebanon is pleasant, with warm, humid summers, and winters, which are less bitterly cold and have less snow than other northeast areas. Precipitation is frequent, particularly when a storm moves up the Atlantic Coast. Some of the more notable people from Lebanon include:

• Bobby Gerhart, NASCAR driver;
• Todd Klick, American writer;
• Thomas Albert, composer;
• Kerry Collins, former NFL quarterback;
• Derek Fisher, outfielder for the Houston Astros;
• Dick Shiner, former NFL quarterback;
• Jared Odrick, NFL defensive end for the Miami Dolphins and Jacksonville Jaguars;
• Frank Reich, former NFL quarterback and coach of the Indianapolis Colts, and
• Randal Kleiser, American film director, producer, and screenwriter.

Lebanon, Pennsylvania DUI Penalties

Pennsylvania has relatively strict DUI penalties—which have gotten even harsher within the past year. Pennsylvania has a unique tier system as far as DUI penalties go. The tiers are based on BAC, as well as multiple DUI convictions. The lowest penalty category for a Pennsylvania DUI is a BAC from 0.08 percent to .99 percent. The higher penalty category for a Pennsylvania DUI is a BAC from .10 percent to .159 percent, and the highest penalty category for a Pennsylvania DUI is .16 percent or higher.

For a first-time DUI (within the past ten years), where the BAC is from 0.08 percent to .10 percent, and there was no damages or injuries and no implied consent violation (refusal), the offense is considered an ungraded misdemeanor. The penalties for this offense are a mandatory six months’ probation, a fine of $300, a full drug and alcohol assessment if indicated by a CRN, but no mandatory license suspension and no mandatory Ignition Interlock device. A first DUI with a higher BAC can result in 48 hours to 6 months in jail, fines from $500 to $5,000, a 12-month license suspension, a one-year Ignition Interlock device installed, with no waiting period, and a full drug and alcohol assessment.

For a second DUI within the past ten years with a BAC from 0.08 percent to .10 percent, you could serve from five days to six months in jail, could be fined from $300 to $2,500, could have your license suspended for 12 months, could be required to have an Interlock Ignition device installed for one year, with six months until eligibility, and could be required to have a full drug and alcohol assessment. For a second DUI with a higher BAC, you could spend from 30 days to six months in jail, could be fined from $750 to $5,000, could have your driver’s license suspended for 12 months, could be required to have an Ignition Interlock device installed for one year (with a waiting period of nine months), and could be required to have a full drug and alcohol assessment.

For a third DUI within the past ten years with a BAC from 0.08 percent to .10 percent, you could serve from ten days to two years in jail, could pay a fine from $500 to $5,000, could have your driver’s license suspended for 12 months, could be required to have an Ignition Interlock device installed for one year, with eligibility after six months and could be required to have a full drug and alcohol assessment. For a third DUI with a higher BAC, you could spend from 90 days to five years behind bars, could be fined from $1,500 to $10,000, could have your driver’s license suspended for 18 months, could be required to have an Ignition Interlock device installed for one year, with eligibility after nine months, and could be required to have a full drug and alcohol assessment.

A fourth or subsequent DUI within ten years is charged as a felony, rather than a misdemeanor. For a fourth or subsequent DUI with a BAC from 0.08 percent to .10 percent you could serve from 10 days to seven years in jail, could pay fines from $500 to $15,000, could have your driver’s license suspended for 18 months, could be required to have an Ignition Interlock device installed for one year, with eligibility after nine months, could be required to have a full drug and alcohol assessment and could be subject to DNA sampling. For a fourth or subsequent DUI within ten years with a higher BAC is also charged as a felony and can result in jail time from one to seven years, could pay fines from $1,500 to $15,000, could have your driver’s license suspended for 18 months, could be required to have an Ignition Interlock device installed for one year, with eligibility after nine months, could be required to have a full drug and alcohol assessment and could be subject to DNA sampling.

ARD in Lebanon

In Lebanon, the Accelerated Rehabilitation Program is a one-time alternative to a trial, a conviction, or a possible jail sentence. When the individual completes the ARD program, the DUI charges are dismissed. ARD results in a quicker disposition of the DUI charges, fewer court appearances, the possibility of reduced legal fees, no jail term if the ARD application is accepted, and the program completed, dismissal of charges when the program is complete and reduced driver’s license suspension for DUI violations. To be accepted into the ARD program, you must make the ARD application prior to your preliminary hearing date. You must then agree to waive the preliminary hearing and complete a Court Reporting Network Evaluation within 10 days of the ARD application. Finally, you must complete a Drug and Alcohol Evaluation at your own expense. To be considered for the ARD program, there must have been no serious injuries, and you must have a relatively clean driving record. Once accepted into the ARD program, you will pay all ARD costs and restitution as determined by the court. You must pay a processing fee prior to your ARD placement date, and the District Attorney will recommend ARD and a probationary period, with no jail time involved. You may have up to 60 days suspension of your driver’s license under ARD and be required to attend an Alcohol Safe Driving School at your own expense.

Our Lebanon DUI Lawyers Are There When You Need Us

At Ciccarelli Law Offices, our Lebanon County 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—and rightfully so. You likely have many questions regarding your Lebanon DUI charges, and we have the answers you need. We also understand that if you are unable to drive, you may also be unable to work, therefore, we will always fight hard to retain your driving privileges.

Our criminal defense attorneys are proud to represent all Lebanon County residents who are facing DUI charges. We believe you deserve another chance, and we will work hard to ensure you get that chance. We also believe that good people make mistakes and should not have to pay for a mistake forever. Contact us today at (717) 291-9400 or (877) 529-2422.