Facing a DUI in Paoli, PA? Ciccarelli Law Offices Are Here to Help

Driving under the influence (DUI) charges can have life-altering consequences. From fines and license suspensions to increased insurance premiums and potential jail time, the stakes are high. If you’re facing DUI charges in Paoli, PA, or anywhere in Chester County, you need an experienced and dedicated criminal defense attorney to ensure your rights are protected.

At Ciccarelli Law Offices, we understand what’s at stake. Led by Lee Ciccarelli, our team has the experience, knowledge, and dedication to guide you through this challenging time. This page provides an in-depth look at DUI laws in Pennsylvania, the penalties you may face, and how we can help you.

Understanding Pennsylvania’s DUI Laws

Pennsylvania DUI Statutes

Under Pennsylvania law (75 Pa. C.S. § 3802), driving under the influence is a serious offense. You can be charged with DUI if:

• Your blood alcohol concentration (BAC) is 0.08% or higher.
• A controlled substance or drug impairs your ability to drive safely.
• You’re operating a vehicle and refuse chemical testing under Pennsylvania’s implied consent law.

The severity of DUI charges depends on your BAC level, whether it’s your first or subsequent offense, and any aggravating factors like accidents, injuries, or having minors in the vehicle.

Different Types of DUI Charges

Pennsylvania categorizes DUI offenses based on the driver’s BAC and the presence of drugs:

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

This is the lowest level of impairment but still carries significant penalties.

2. High BAC (BAC 0.10%-0.159%)

This mid-range level involves more severe consequences.

3. Highest BAC (BAC 0.16% and higher or presence of controlled substances)

The highest category includes the most stringent penalties.

4. Drug DUIs

Driving under the influence of prescription or illegal drugs, as well as a combination of alcohol and drugs, falls into this category.

5. Minors and DUI

Pennsylvania has a zero-tolerance policy for underage drinking and driving. Any BAC of 0.02% or more can result in DUI charges for individuals under 21.

6. Commercial Drivers

Commercial driver’s license (CDL) holders face DUI charges if their BAC is 0.04% or higher while operating a commercial vehicle.

Pennsylvania’s Implied Consent Law

Under Pennsylvania’s implied consent law, any driver operating a vehicle has implicitly agreed to submit to chemical testing (breath, blood, or urine) if suspected of DUI. Refusing chemical testing:

• Can result in an automatic license suspension of 12 months for a first refusal.
• May lead to enhanced penalties if you are later convicted of a DUI.

It is crucial to understand your rights if you’re asked to take a chemical test. Contacting a skilled DUI attorney immediately can make a significant difference.

Penalties for DUI Convictions in Pennsylvania

Criminal Penalties and Mandatory Minimum Sentences

Pennsylvania applies tiered penalties based on BAC, prior offenses, and circumstance. Below is an overview:

General Impairment (0.08%-0.099%)

• 1st Offense:
• • Six months probation
  • $300 fine
  • No license suspension
• 2nd Offense:
• • Five days to six months imprisonment
  • $300-$2,500 fine
  • 12-month license suspension
• 3rd Offense:
• • 10 days to two years imprisonment
  • $500-$5,000 fine
  • 12-month license suspension

High BAC (0.10%-0.159%) and Drug DUIs

• 1st Offense:
• • 48 hours to six months imprisonment
  • $500-$5,000 fine
  • 12-month license suspension
• 2nd Offense:
• • 30 days to six months imprisonment
  • $750-$5,000 fine
  • 12-month license suspension
• 3rd Offense:
• • 90 days to five years imprisonment
  • $1,500-$10,000 fine
  • 18-month license suspension

Highest BAC (0.16% and higher)

• 1st Offense:
• • 72 hours to six months imprisonment
  • $1,000-$5,000 fine
  • 12-month license suspension
• 2nd Offense:
• • 90 days to five years imprisonment
  • $1,500-$10,000 fine
  • 18-month license suspension
• 3rd Offense:
• • 1-5 years imprisonment
  • $2,500-$10,000 fine
  • 18-month license suspension

License Suspension and Its Impact

A DUI conviction can significantly impact your driving privileges in Pennsylvania:

• First-time offenders with low BAC may avoid suspension but face other restrictions.
• Higher BAC levels and repeat offenses trigger mandatory suspension of 12-18 months.
• PennDOT manages these suspensions, and restoring your license often requires completing alcohol counseling and a license restoration fee.

Keeping your license is often critical for your livelihood. Hiring an experienced attorney can provide options to minimize the impact of these penalties.

First-Time Offender Program in Pennsylvania

Pennsylvania offers a diversionary program for first-time DUI offenders called the Accelerated Rehabilitative Disposition (ARD). This program allows eligible defendants to avoid a criminal record and reduce penalties.

Overview of the ARD Program

The ARD program involves:

• Probation (typically 6 to 12 months)
• Alcohol education or counseling
• Community service
• Payment of fines and court costs

Once successfully completed, charges may be dismissed, and you can request expungement of the arrest from your record.

Eligibility for ARD

Eligibility for ARD is determined by:

• Having no prior DUI charges.
• No serious injuries caused as a result of the incident.
• No passengers under 14 years old in the vehicle at the time.

District attorneys have the discretion to deny ARD, and each county may have its own guidelines. For example, the Chester County District Attorney’s Office prioritizes public safety and mandates strict compliance with ARD guidelines.

Our attorneys can review Chester County’s specific requirements and help you apply for ARD if eligible.

What Police Need to Arrest You for DUI

To arrest someone for suspected DUI, police must:

1. Have Reasonable Suspicion to Stop Your Vehicle

This could include erratic driving, speeding, or failure to obey traffic signals.

2. Develop Probable Cause for Arrest

After stopping the vehicle, officers may seek indications of impairment, including:

• • • The smell of alcohol or drugs
    • Bloodshot eyes or slurred speech
    • Poor performance on field sobriety tests

Without proper legal grounds, any evidence gathered may be inadmissible. A dedicated lawyer can challenge these critical aspects of the arrest.

Why You Need an Experienced DUI Attorney

Navigating DUI charges without a knowledgeable attorney can leave you vulnerable to maximum penalties. An experienced DUI lawyer understands:

• How to challenge DUI evidence (including probable cause and chemical test accuracy)
• Opportunities for reduced sentences or alternative programs like ARD.
• The nuances of Pennsylvania law and local court procedures.

Your freedom, finances, and reputation are too important to leave to chance. We are here to fight relentlessly for the outcome you deserve.

Why Choose Lee Ciccarelli and the Ciccarelli Law Offices

Lee Ciccarelli and his team bring decades of combined legal experience to DUI defense in Paoli, PA. Here’s why we’re the best choice for your defense:

• Extensive Experience

With years of handling DUI cases, our team understands the nuances of Pennsylvania DUI law and the local court system.

• Client-Centered Representation

We believe in open communication and personalized strategies tailored to your unique case.

• Proven Record of Success

Our track record includes countless favorable outcomes, from reduced charges to dismissals.

• Commitment to Justice

Lee Ciccarelli is passionate about protecting the rights of individuals facing serious criminal charges.

• Local Expertise

Based here in Pennsylvania, we are familiar with Chester County’s prosecutors, judges, and ARD guidelines. We use that knowledge to your advantage.

Contact Ciccarelli Law Offices Today

If you or a loved one is facing DUI charges in Chester County, don’t wait. The sooner you contact us, the sooner we can build a defense tailored to your needs. Schedule a free consultation today and put your trust in experienced advocates who will work tirelessly on your behalf.

Call [Insert Contact Information] or fill out our online contact form to get started.

When it comes to protecting your future, choose Lee Ciccarelli and the trusted team at Ciccarelli Law Offices. You don’t have to fight this battle alone.

Finding experienced DUI Advice and Representation in Paoli PA.

Seeking a Paoli DUI Lawyer? Ciccarelli Law Offices is just a call, email or chat away.  Contact us now at (610) 692-8700.

Generally speaking, the criminal justice system of Paoli definitely does everything in its own way, and this applies to Paoli DUI cases as well. You will probably be charged with a Paoli DUI based on your BAC—any level of BAC at 0.08 percent or above will result in a DUI arrest. If you refuse the BAC test, your driver’s license will immediately be suspended. In some instances, even when your BAC is less than the legal limit of 0.08 percent, you could still be charged with a DUI, if the officer feels your driving is impaired due to drugs, alcohol or a combination.

If you are facing DUI charges in Pennsylvania, we can help. Our team of attorneys has the experience, passion, and consideration to protect your future and your freedom during this difficult legal process.

Be Ready to Go to Trial Following Your Paoli DUI

The first thing you need to know about the Paoli DUI process is that you have no right to a preliminary hearing—as you do in many of the surrounding counties. Paoli courts expect you to be ready to proceed at the first trial listing. This means that once charged with a DUI in Paoli, you essentially go straight to trial, other than your first hearing date when police and lab reports are given from the prosecuting attorney to you and your attorney.

Your Attorney May Be Able to Have Your DUI Charges Dismissed

Depending on what type of testing was done in your case (blood or breath) and where the arrest occurred, you will be assigned to a specific court room—first DUI court appearances are usually in room 404. Expect that the government may not have all its “ducks in a row,” so to speak, at the first trial listing, therefore may request a continuance.

If your attorney feels he or she did not receive all discovery necessary to build a strong case on your behalf, then he or she may file a motion to have all discovery turned over prior to the next court date. If all evidence is not properly turned over to your attorney, you may have your DUI charges dismissed.

Depending on the circumstances surrounding your DUI stop and subsequent arrest, your DUI attorney may potentially file a motion to challenge some aspect of your stop, field sobriety tests, breathalyzer test or something else about your arrest.

Because Paoli police officers often fail to administer field sobriety tests prior to a DUI arrest, they may actually have little reason to suspect a driver was impaired. If your attorney files a motion challenging your DUI stop or your arrest and the judge grants the motion, it is possible your DUI charge could be dismissed.

Field Sobriety Tests are Not Standard in a Paoli DUI Arrest, But Breath Tests Are

While field sobriety tests are not a standard part of a DUI arrest in Paoli, breath tests are. Paoli police officers use the Intoxilyzer 8000, and because the accuracy of the 8000 can be affected by specific physical conditions, the accuracy of the Intoxilyzer 8000 may be challenged. The officers who are responsible for ensuring the Intoxilyzer 8000 is working correctly may not have calibrated the machine as required. Perhaps you refused a breath test or requested a blood test. A private laboratory is used in Paoli to test blood for the purposes of DUI arrests. In some instances, the lab may have made errors when testing the blood, and your attorney may be able to challenge the results.

DUI Treatment Court in Paoli May or May Not Be a Good Choice for You

If the penalty for your DUI is a minimum of 90 days up to one year in jail, you may have an alternative. Paoli is one of the few counties in Pennsylvania which has a DUI treatment court which provides alternatives to spending the minimum amount of time in jail. The program does have fairly intensive requirements, therefore for many, is not particularly a good alternative to “normal” DUI penalties.

Why You Should Not Plead Guilty to Your Paoli DUI Charges

Many people charged with a Paoli DUI are embarrassed and simply want to have the charges over and done with as quickly as possible. Because of this, they may feel pleading guilty to DUI charges is the quickest way to move on with their life. If you are leaning this way, it is imperative that you discuss this with an experienced DUI attorney so you can fully understand the consequences of pleading guilty to your DUI charges. If you plead guilty, your driving privileges will immediately be suspended, you will face significant fines and fees, and you could even be sentenced to time in jail. Even at the very lowest level of DUI offense, you will face a mandatory insurance surcharge of $1,000 per year for a period of three years, a DUI enforcement surcharge of $100, and six months to a year of having an ignition interlock device installed on your vehicle—even after your driving privileges are restored.

Paoli DUI Penalties

Like other aspects of its DUI process, Paoli also 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 Paoli DUI is a BAC from 0.08 percent to .99 percent. The higher penalty category for a Paoli DUI is a BAC from .10 percent to .159 percent, and the highest penalty category for a Paoli DUI is .16 percent or higher. Therefore, if you are a first-time DUI offender in Paoli with the lowest penalty BAC, you can expect to receive up to six months of probation, a $300 fine, enrollment in an alcohol highway safety school and possibly, court-ordered alcohol or drug treatment.

If you have the lowest penalty BAC but this is your second DUI offense, you could face a one-year driver’s license suspension, enrollment in an alcohol highway safety school, from $300 to $2,500 in DUI fines and fees, five days to six months in jail, installation of an ignition interlock device for one year, and possibly, court-ordered alcohol or drug treatment. If you have the lowest penalty BAC but are being charged with a third DUI offense, you could face from ten days to two years in prison, fines from $500 to $5,000, a one-year driver’s license suspension, installation of an ignition interlock device for a year, enrollment in alcohol highway safety school, and possibly, court-ordered alcohol or drug treatment.

With a higher penalty BAC, your first-offense DUI could result in a one-year driver’s license suspension, from $500-$5,000 in fines and fees, two days to six months in prison, enrollment in alcohol highway safety school, and possibly, court-ordered alcohol or drug treatment. A higher penalty BAC along with a second-offense DUI can result in fines from $750-$5,000, thirty days to six months in prison, a driver’s license suspension for one year, enrollment in alcohol highway safety school, installation of an ignition interlock device for a year, and possibly, court-ordered drug or alcohol treatment. A higher penalty BAC along with a third offense DUI could result in fines from $1,500-$10,000, ninety days to five years in prison, a driver’s license suspension for 18 months, installation of an ignition interlock device for one year, and possibly, court-ordered drug or alcohol treatment.

With the highest penalty BAC, your first-offense DUI could result in a driver’s license suspension of one year, from three days to six months in prison, fines from $1,000 to $5,000, enrollment in alcohol highway safety school, and possibly, court-ordered drug or alcohol treatment. The highest penalty BAC along with a second-offense DUI could result in a driver’s license suspension of 18 months, from ninety days to five years in prison, fines from $1,500 to $10,000, installation of an ignition interlock device for one year, enrollment in an alcohol highway safety school, and possibly, court-ordered treatment program. Finally, with the highest penalty BAC, a third-offense DUI could result in a driver’s license suspension for 18 months, from one to five years in prison, fines from $2,500 to $10,000, installation of an ignition interlock device for one year, and possibly, court-ordered drug or alcohol treatment.

Our Paoli DUI Lawyers Are There When You Need Us

If you’ve been arrested and charged with DUI in Paoli, it is important to fight these charges aggressively. At Ciccarelli Law Offices, our Pennsylvania DUI attorneys are here to help you following your DUI charges.