Criminal Defense for DUI Charges in Radnor, PA

If you or a loved one are facing DUI charges in Radnor, Pennsylvania, it’s crucial to understand the legal landscape and your rights. Fighting DUI charges can be intimidating, but you don’t have to do it alone. The experienced attorneys at Ciccarelli Law Offices, led by Lee Ciccarelli, stand ready to help. With an unwavering commitment to justice and years of experience, Lee Ciccarelli and his team provide unparalleled defense strategies to protect your future.

This page will guide you through Pennsylvania’s DUI laws, the potential consequences of a DUI conviction, and why Ciccarelli Law Offices is your best choice for expert legal representation in Radnor.

Understanding Pennsylvania’s DUI Statute

Driving under the influence (DUI) in Pennsylvania is a serious offense governed by Pennsylvania Consolidated Statutes Section 3802. The law prohibits driving or being in physical control of a vehicle if:

• Your blood alcohol content (BAC) is 0.08% or higher.
• You are under the influence of alcohol or a controlled substance to a degree that impairs your ability to operate a vehicle safely.
• You are under the influence of a combination of alcohol and drugs.
• Your BAC is 0.02% or higher, and you are a minor (under 21 years old).
• You are a commercial driver with a BAC of 0.04% or higher.

Pennsylvania uses a tiered system for DUI charges, categorizing them by BAC levels, prior offenses, and other relevant circumstances. Whether this is your first offense or you’re facing aggravated charges, the penalties can be severe.

Types of DUI Charges in Pennsylvania

Pennsylvania has a three-tiered system to classify DUI charges based on the offender’s BAC level:

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

This includes cases where a driver shows signs of impairment but has a lower BAC range.

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

Penalties increase at this level due to the higher risk associated with more significant impairment.

3. Highest BAC (BAC 0.16% or higher)

This tier is designated for drivers with extreme levels of intoxication or those driving under the influence of controlled substances.

Special circumstances, such as driving under the influence while transporting a minor, can further amplify the charges and penalties.

Pennsylvania’s Implied Consent Law

By driving in Pennsylvania, you automatically agree to comply with the state’s Implied Consent Law. This means that if a police officer lawfully arrests you for suspected DUI, you are required to submit to chemical testing, such as a breath, blood, or urine test.

Refusal to Submit to Chemical Testing

Refusing a chemical test has serious consequences, including:

• Automatic License Suspension for at least 12 months (regardless of the outcome of your DUI case).
• Increased penalties if convicted of DUI.

It’s important to note that officers must have reasonable cause to request a chemical test. If you suspect your rights were violated during this process, an experienced DUI attorney can help you challenge the evidence.

Criminal Penalties for DUI in Pennsylvania

The penalties for DUI depend on the type of offense and any prior convictions. These penalties can include fines, incarceration, mandatory alcohol safety programs, and license suspensions.

Mandatory Minimum Sentences

Pennsylvania enforces mandatory minimum sentences for DUI convictions:

• First Offense (General Impairment)

Probation of six months, a $300 fine, and completion of alcohol highway safety school.

• Second Offense (General Impairment)

5 days to 6 months in jail, a $300-$2,500 fine, and a 12-month license suspension.

• High BAC or Highest BAC Offenses

Harsher penalties including longer jail sentences, higher fines, and ignition interlock device requirements.

These penalties can quickly disrupt your life, adding urgency to hiring an experienced DUI attorney to fight for the best possible outcome.

First Time Offender Program (ARD) in Pennsylvania

For eligible first-time offenders, Pennsylvania offers the Accelerated Rehabilitative Disposition (ARD) Program, which provides an opportunity to avoid a conviction and harsh penalties.

Pennsylvania Law on ARD

Under 42 Pa.C.S.A Section 9802, ARD is designed to give first-time offenders a second chance by focusing on rehabilitation rather than punishment. Participants must comply with program requirements, such as:

• Completing community service.
• Attending alcohol safety classes.
• Paying fines and court costs.

After successful completion of ARD, charges may be dismissed, and you may be eligible to have your record expunged.

District Attorney’s Discretion and Eligibility Guidelines

The District Attorney’s Office in Delaware County (which includes Radnor) has significant discretion in setting eligibility requirements for ARD. While eligibility criteria may vary, common factors include:

• No prior DUI offenses in the last 10 years.
• No accidents or injuries resulting from the DUI.
• No minors were present in the vehicle during the offense.

If you meet these criteria, securing admission into ARD can greatly reduce the long-term consequences of a DUI charge.

Impact of DUI Conviction on Driver’s License

A DUI conviction can significantly affect your driver’s license, with suspension durations varying based on the offense type:

• First Offense (General Impairment): No automatic suspension (for BAC < 0.10%).
• Second Offense: 12-month suspension.
• High BAC or Refusal Cases: 18-month suspension.

Additionally, an ignition interlock system may be required for reinstatement.

What Police Officers Look for in a DUI Arrest

To make a lawful DUI arrest, a police officer must first observe signs of impairment and establish reasonable suspicion to conduct a traffic stop. Common signs include:

• Swerving or erratic driving.
• Speeding or driving significantly below the speed limit.
• Failing to stop at red lights or stop signs.

Once stopped, the officer may look for evidence such as the odor of alcohol, slurred speech, or bloodshot eyes. Field sobriety tests and preliminary breath tests may also be conducted. For an official arrest, the officer must have probable cause, such as a failed sobriety test or high BAC reading from a breathalyzer or blood test.

If these procedures were not followed correctly in your case, Ciccarelli Law Offices can hold law enforcement accountable and fight to have improperly obtained evidence suppressed.

Why You Need an Experienced DUI Attorney

The stakes are high when facing DUI charges. Without proper legal representation, you could face severe consequences that impact your personal and professional life for years to come.

An experienced DUI attorney can:

1. Challenge the legality of the traffic stop or arrest.
2. Investigate whether chemical tests were administered properly.
3. Negotiate reduced charges or penalties where possible.
4. Advocate for ARD admission if you’re a first-time offender.

When it comes to DUI defense, experience matters. Lee Ciccarelli and his team have an impressive record of success in protecting clients against DUI charges in Pennsylvania.

Why Choose Lee Ciccarelli and His Legal Team?

Lee Ciccarelli has dedicated his career to fighting for justice and ensuring his clients receive top-tier legal representation. With over 20 years of experience, Lee understands the nuances of Pennsylvania DUI law and the dynamics of Delaware County’s court system.

Lee’s Background and Commitment

Lee Ciccarelli founded Ciccarelli Law Offices with a singular mission: to provide compassionate and aggressive representation for clients facing criminal charges. His dedication has earned him recognition as one of the top criminal defense attorneys in Pennsylvania.

What Sets Ciccarelli Law Offices Apart?

• Experience in Local Courts: Familiarity with Delaware County prosecutors and judges gives our team a strategic advantage.
• Focused DUI Defense: We stay up to date with changes in DUI laws and legal precedents to provide informed defense strategies.
• Client-Centered Approach: From our first meeting to the resolution of your case, we prioritize your needs and concerns.

With Ciccarelli Law Offices by your side, you’ll gain a trusted advocate committed to achieving the best possible outcome for your case.

Take the First Step Today

Facing DUI charges in Radnor, PA, is overwhelming, but you don’t have to face it alone. Lee Ciccarelli and his team are here to fight for your rights, your license, and your future. Whether you’re seeking admission into ARD, fighting for a dismissal, or negotiating reduced charges, we are ready to help you every step of the way.

Contact Ciccarelli Law Offices today for a free consultation and start building your defense immediately.