York DUI Lawyers

Hire a Respected DUI Defense Attorney in York, PA for Your DUI Case

If you or a loved one is facing a DUI charge in Pennsylvania, it can feel overwhelming. The consequences of a DUI conviction extend far beyond fines and potential jail time; they can impact your career, your ability to drive, and even your reputation. That’s why having the right legal representation is critical. At Ciccarelli Law Offices, our experienced criminal defense attorneys, led by Lee Ciccarelli, are dedicated to providing the aggressive, compassionate defense you need to protect your future.

This page provides a comprehensive guide to Pennsylvania’s DUI statutes, the types of charges you could face, potential penalties, and how Lee Ciccarelli and his skilled team can work to protect your rights.

Understanding Pennsylvania’s DUI Statute

Under Pennsylvania law, DUI charges are governed by 75 Pa.C.S.A. § 3802. Driving while impaired by alcohol or controlled substances is against the law, and strict penalties apply for those who are convicted. The state enforces a tiered approach to DUI charges based on a driver’s Blood Alcohol Content (BAC) at the time of the offense and any prior offenses committed within the last 10 years.

DUI Tiers Based on BAC

The levels of impairment under Pennsylvania’s DUI statute include:

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)

Keep in mind that for commercial drivers, the legal BAC limit is even lower (0.04%), and for drivers under 21, Pennsylvania enforces a zero-tolerance policy, meaning any BAC reading of 0.02% or higher can result in a DUI charge.

Additionally, you could face DUI charges for being under the influence of controlled substances or prescription medications that impair your ability to drive safely.

Implied Consent Law in Pennsylvania

Pennsylvania follows an implied consent law, which means that when you operate a motor vehicle, you consent to chemical testing if a police officer suspects you of DUI. Refusing to submit to this testing can result in serious consequences, including an automatic suspension of your driver’s license through a civil penalty, regardless of whether you are convicted of DUI.

Arrest and Evidence in DUI Cases

For a police officer to arrest a person on suspicion of DUI, they must have probable cause. This usually stems from:

Observing erratic driving behaviors, such as swerving or failing to obey traffic signals
Conducting field sobriety tests that indicate impairment
Detecting the odor of alcohol or observing physical signs, such as slurred speech or bloodshot eyes

Once you are arrested, the officer will request a chemical test (breath, blood, or urine). If the results show you were over the legal BAC limit or impaired by drugs, this data will heavily influence the prosecution’s case.

This is where having a skilled criminal defense attorney is essential. An experienced attorney can examine the nuances of probable cause, the field sobriety tests, or even the chemical testing process to challenge the validity of evidence.

Criminal Penalties and Mandatory Minimum Sentences

Pennsylvania’s DUI penalties are severe and become harsher with higher BAC levels and prior convictions:

General Impairment (0.08% to 0.099% BAC):
- First Offense: 6 months probation, $300 fine, alcohol highway safety school
- Second Offense: 5 days to 6 months in jail, $300–$2,500 fine, 12-month suspension
High BAC (0.10% to 0.159% BAC):
- First Offense: 2 days to 6 months in jail, $500–$5,000 fine, 12-month suspension
- Second Offense: 30 days to 6 months in jail, $750–$5,000 fine, 12-month suspension
Highest BAC (0.16% and above or impaired by controlled substances):
- First Offense: 3 days to 6 months in jail, $1,000–$5,000 fine, 12-month suspension
- Second Offense: 90 days to 5 years in prison, $1,500–$10,000 fine, 18-month suspension

For repeat offenders, penalties may also include mandatory installation of ignition interlock devices and longer incarceration periods.

Keep in mind there are mandatory minimum sentences, meaning judges cannot hand down a punishment less severe than what is outlined for the relevant BAC tier.

Pennsylvania’s ARD Program for First-Time Offenders

For individuals facing a first DUI offense in Pennsylvania, the state offers the Accelerated Rehabilitative Disposition (ARD) program. ARD is designed to give certain offenders the opportunity to avoid a criminal conviction by completing specific requirements, such as:

Completing an alcohol highway safety course
Undergoing alcohol or drug treatment, if required
Paying fines and court costs

This program is available at the discretion of the District Attorney’s Office. Eligibility guidelines can vary by county, but in general, ARD is limited to defendants with no prior convictions and no serious aggravating circumstances (like an accident involving injuries). The York County District Attorney’s Office may impose specific conditions for eligibility, so consulting with an experienced DUI attorney like Lee Ciccarelli is essential.

If you successfully complete the ARD program, your charges will be dismissed, and you can petition to have your record expunged.

Impact on Your Driver’s License

A DUI conviction in Pennsylvania often results in a driver’s license suspension, the length of which depends on factors such as your BAC level and offense history:

First Offense (General Impairment): No license suspension
First Offense (High BAC): 12-month suspension
Second Offense (Any BAC): 12 to 18-month suspension
Chemical Test Refusal: 12-month suspension for the first refusal (18 months for repeat refusals)

Losing your driver’s license can be one of the most disruptive aspects of a DUI conviction, impacting your ability to commute to work or take care of daily responsibilities. With the help of the Ciccarelli Law Offices team, we can explore options such as occupational limited licenses (OLL) to help you regain limited driving privileges.

Why You Need an Experienced DUI Attorney

There are significant penalties attached to DUI convictions in Pennsylvania, and the long-term consequences can be life-changing. An experienced DUI attorney understands the nuances of DUI laws and can:

Challenge the legality of the traffic stop or arrest
Question the reliability of chemical testing
Negotiate for reduced charges or favorable plea agreements
Advocate for ARD program admission where applicable
Develop a strong defense strategy to fight for your rights aggressively in court

At Ciccarelli Law Offices, we dig deeper into every case, analyzing every detail to build your defense. You deserve legal representation that’s as determined as you are to fight your charges.

Why Choose Lee Ciccarelli and the Ciccarelli Law Offices Team?

A Reputation for Results

Lee Ciccarelli is one of Pennsylvania’s most respected criminal defense attorneys, with decades of experience defending clients against DUI charges. His team is committed to protecting your rights and helping you achieve the best possible outcome.

Client-Focused Advocacy

We understand how overwhelming a DUI charge can be. Lee’s commitment to his clients is unwavering; he works tirelessly to ensure every client feels heard and supported during this difficult time.

Local Knowledge and Expertise

The Ciccarelli team knows the laws, the courts, and the prosecutors in York County. This insider knowledge is crucial when navigating the complexities of DUI cases and negotiating favorable outcomes such as ARD eligibility.

Comprehensive Strategy

We go beyond just building a defense case. Our goal is to mitigate the immediate impact of a DUI charge while strategizing to protect your future.

Take the First Step Toward Protecting Your Future

Don’t face DUI charges alone. The penalties are serious, but with the right defense strategy, they are not insurmountable. The team at Ciccarelli Law Offices will fight to protect your rights, minimize penalties, and safeguard your future.

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.