York DUI Lawyers

York DUI Defense

The city of York, Pennsylvania, was the birthplace of the Articles of Confederation—it was here that the words “The United States of America” were first spoken. York history began when two surveyors laid out a town on the banks of the Codorus Creek. In 1777, the threat of the advancing British caused the Continental Congress to set up shop in the Town of York. The Articles of Confederation were adopted in York, the first Thanksgiving was proclaimed in York, and the French Treaty of Alliance was signed in York. In 1734 the first stone homes in York County were built by the Schultz brothers; many years later, in 1777, members of the Continental Congress stopped by the John Schultz House for rest and refreshment.

York: A Town of Firsts

The first telegraph line extended from Washington to Baltimore in 1844, and the first message sent was about the election of President James Polk. The telegraph line reached York by 1850. In 1876, Hiram Young visited the Centennial Expo in Philadelphia, bringing an incandescent lamp back with him. Young put the lightbulb in his office window, where it was viewed “with great interest.” Six York residents then organized a company, incorporating the York Overland Telephone, Telegraph and Electric Light Company.

York, always a town of firsts, installed the first escalator in 1956 in the Bon-Ton (now, the York County Government Center). The first Olympic winner was from York—barbell lifter Tony Terlazzo—took the Gold in 1936. Brothers Ralph and Charles Senft opened the first potato chip factory in York in 1945. York is known as the White Rose City and is the county seat of York County. As of the 2010 census, the population of York was 43,718. York is the 11^th largest city in Pennsylvania and has often been called an architectural museum because of the number of well-preserved historic structures, including the Golden Plough Tavern, the York Central Market, the Moorish Revival, the United Cigar Manufacturing Company, and the York Armory.

Today, York is home to dental equipment and false teeth giant, Dentsply Sirona, and a large Harley-Davidson motorcycle factory (which employs half of Harley’s production workforce) is located just northeast of York. The York area is home to two major manufacturers of modern hydro-power water turbines—Voith Hydro and American Hydro. The Stauffer Biscuit Company is in York and has been producing animal crackers since 1871. Just north of York is one of only four Starbucks roasting facilities in the world, and a BAE Systems facility in West Manchester assembles various military tanks and equipment.

York, Pennsylvania DUI Penalties

The state of Pennsylvania does have relatively strict DUI penalties—which have gotten stricter over the past year. Pennsylvania determines penalties for DUI offenses according to a tier system, which based on BAC levels as well as whether the offender had 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) when the BAC is between 0.08 percent and .10 percent, with no damages or injuries and no refusal, the offense is considered an ungraded misdemeanor. The penalties for a first-time DUI with a low BAC include:

Mandatory six months’ probation;
A fine of $300;
A full drug and alcohol assessment, if indicated by a CRN;
No mandatory driver’s license suspension, and
No mandatory Ignition Interlock device.

A first-time DUI with a higher BAC can result in the following:

Forty-eight hours to six months in jail;
Fines from $500 to $5,000;
A 12-month driver’s license suspension;
A one-year Ignition Interlock installation (with no waiting period), and
A full drug and alcohol assessment.

A second DUI within the past ten years with a BAC from 0.08 percent to .10 percent can result in the following:

Five days to six months in jail;
Fines from $300 to $2,500;
A driver’s license suspension for 12 months;
Mandatory installation of an Ignition Interlock device for one year (with six months waiting period until eligible), and
A full drug and alcohol assessment.

A second DUI with a higher BAC could result in the following:

Thirty days to six months in jail;
Fines from $750-$5,000;
A driver’s license suspension for 12 months;
A requirement for an Ignition Interlock Device installed for one year (with a waiting period of nine months), and
A full drug and alcohol assessment.

A third DUI within the past ten years with a BAC from 0.08 percent to .10 percent, could result in:

Ten days to two years in jail;
Fines from $500 to $5,000;
A driver’s license suspension for 12 months;
A mandatory installation of an Ignition Interlock device for one year (with eligibility after six months), and
A Full drug and alcohol assessment.

A third DUI with a higher BAC could result in:

Ninety days to five years in jail;
Fines from $1,500 to $10,000;
A driver’s license suspension for 18 months;
A mandatory installation of an Ignition Interlock Device for one year (with eligibility after nine months), and
A full drug and alcohol assessment.

A fourth or subsequent DUI within ten years with a BAC from 0.08 percent to .10 percent is charged as a felony, rather than a misdemeanor, under the new laws. This could result in:

Ten days to seven years in jail;
Fines from $500 to $15,000;
A driver’s license suspension for 18 months;
A mandatory installation of an Ignition Interlock Device for one year (with eligibility after nine months);
DNA sampling, and
A full drug and alcohol assessment.

A fourth or subsequent DUI within ten years with a higher BAC is also charged as a felony, and can result in the following:

One to seven years in jail;
Fines from $1,500 to $15,000;
A driver’s license suspension for 18 months;
A mandatory installation of an Ignition Interlock Device for one year (with eligibility after nine months);
A full drug and alcohol assessment, and
DNA sampling.

Tiers of BAC Levels in the State of Pennsylvania

Like other aspects of its DUI process, Pennsylvania 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 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.

ARD in York, Pennsylvania

The ARD program is a pre-trial diversionary program administered by the York County District Attorney’s Office. If you successfully complete the ARD program, your DUI charges can be dismissed, and you can have the criminal charges expunged. You must file your ARD application with the District Attorney’s Office after your preliminary hearing but within 30 days of your arraignment date.

You cannot be accepted into the ARD program if you have been found guilty of or accepted ARD of a prior charge (within the last ten years), unless the charges were for an ungraded misdemeanor. You cannot be accepted into the ARD program if there was an accident in connection with your DUI charges if another person was killed or seriously injured. You cannot be accepted into the ARD program if there was a passenger under the age of 14 in the vehicle at the time of your DUI arrest.

Our York DUI Lawyers Are There When You Need Us

At Ciccarelli Law Offices, our York 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 that 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.

Our York DUI attorneys are proud to represent all county residents who are facing DUI charges. We offer a thorough evaluation of your York DUI charges, listening to you and your concerns regarding your future. Contact us today at (717) 291-9400 or (877) 529-2422.