Experienced DUI Defense in State College, PA | Ciccarelli Law Offices

If you or a loved one has been charged with a DUI in State College or anywhere in Pennsylvania, it’s crucial to understand the legal stakes involved and the steps you should take to protect your rights. At Ciccarelli Law Offices, we are seasoned criminal defense attorneys who specialize in helping individuals facing DUI charges. Led by Lee Ciccarelli, a committed and experienced advocate, our team works tirelessly to fight for your freedom, your license, and your future.

With a clear understanding of Pennsylvania’s DUI laws and enforcement practices, we provide comprehensive legal defense tailored to your specific situation. Here’s why Lee Ciccarelli and his team are the best choice for your DUI defense and what you need to know about DUI charges in Pennsylvania.

Understanding Pennsylvania’s DUI Laws

The Basics of Pennsylvania’s DUI Statute

Under Pennsylvania law (Title 75, Section 3802), driving under the influence is illegal if you operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol or controlled substances. Additionally, Pennsylvania has stricter BAC limits for certain groups:

• Commercial Drivers: BAC limit is 0.04%.
• Minors (Under 21): BAC limit is 0.02%.
• Drivers under DUI probation or operating school vehicles: Subject to zero tolerance.

While the 0.08% BAC threshold serves as the legal limit for most drivers, individuals can also be charged with DUI if they demonstrate impaired ability to safely operate their vehicle, regardless of their BAC level.

Different Types of DUI Charges

Pennsylvania categorizes DUIs into three tiers based on the driver’s BAC and related factors such as repeat offenses:

1. General Impairment DUI (BAC of 0.08% to 0.099%): Lowest tier but still serious.
2. High BAC DUI (BAC of 0.10% to 0.159%): Intermediate level with strict consequences.
3. Highest BAC DUI (BAC of 0.16% or higher, or impaired by controlled substances): The most severe DUI category.

For all tiers, penalties escalate with multiple offenses, whether you are a first-time or repeat offender.

The Impact of Pennsylvania’s Implied Consent Law

Pennsylvania’s Implied Consent Law, codified under Title 75, Section 1547, requires drivers to submit to chemical testing (blood, breath, or urine) if they are lawfully arrested for suspected intoxication. Refusing a chemical test has serious consequences, including:

• An automatic license suspension of 12–18 months, regardless of whether you are later convicted of a DUI.
• Additional penalties on top of any DUI-related sentences.

While you have the right to refuse testing, it’s important to understand the repercussions of doing so and to discuss your options with an experienced DUI attorney.

Criminal Penalties for a DUI Conviction in Pennsylvania

A DUI conviction in Pennsylvania carries severe penalties, including jail time, fines, mandatory treatment programs, and license suspensions. Penalties vary depending on the tier of the DUI charge, your BAC level, and prior offenses.

Penalty Overview

First Offense:

• General Impairment DUI (BAC of 0.08%–0.099%):
• • Fine up to $300
  • Alcohol highway safety school
  • No mandatory jail time
  • Probation up to 6 months
• High BAC DUI (BAC of 0.10%–0.159%):
• • Jail time of 48 hours to 6 months
  • Fines of $500–$5,000
  • 12-month license suspension
• Highest BAC DUI (BAC of 0.16%+ or controlled substances):
• • Jail time of 72 hours to 6 months
  • Fines of $1,000–$5,000
  • 12-month license suspension

Subsequent Offenses:

Repeat offenses lead to significantly harsher penalties, including longer jail terms, higher fines, extended license suspensions, and mandatory installation of ignition interlock devices.

Note: Pennsylvania imposes mandatory minimum sentences for DUI convictions, meaning the judge cannot sentence below the minimum requirements, even for first-time offenders.

Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) Program

For first-time offenders, Pennsylvania offers the Accelerated Rehabilitative Disposition (ARD) program as an alternative to traditional criminal prosecution. This pre-trial diversion program is designed to give individuals a second chance by allowing their charges to be dismissed upon successful completion.

• ARD Eligibility is determined by the prosecutor’s office. Each county sets its own guidelines, and eligibility often depends on the circumstances of the DUI, such as BAC level, absence of prior offenses, and whether any injuries or property damage occurred. Criminal defense attorneys, like Lee Ciccarelli, are adept at negotiating with district attorneys to secure ARD admission.

ARD Program Guidelines in Centre County

The Centre County District Attorney’s Office has specific rules for DUI offenders seeking ARD. To qualify, applicants must meet these criteria:

• No prior DUI or criminal convictions.
• A BAC below a designated threshold (typically 0.30%, though discretion applies).
• No involvement in accidents resulting in serious injury or death.

Individuals placed into ARD typically must attend alcohol education programs, pay fines, and complete probation. Upon successful completion, they can petition to have their charges expunged from their record.

Driver’s License Suspensions After a DUI Conviction

One of the most impactful consequences of a DUI conviction is the suspension of your driving privileges. The severity of the suspension depends on factors such as the level of BAC, number of prior offenses, and whether you refused chemical testing.

• First Offense (General Impairment): No suspension.
• High BAC First Offense or higher tiers/repeat offenders: 12–18 months suspension.
• Refusal of Chemical Test (Implied Consent Violation): Automatic 12–18-month suspension.

After certain suspensions, you may be eligible to apply for a Limited License or Ignition Interlock License, allowing you to drive under restrictions.

What Allows Police to Arrest and Test for DUI?

To arrest someone for DUI in Pennsylvania, police must have reasonable suspicion or probable cause to believe the individual is driving under the influence. Common signs that lead to a DUI arrest include:

• Erratic driving (e.g., swerving, speeding, or driving too slowly).
• Red or glassy eyes, slurred speech, or the odor of alcohol on the driver.

To obtain a chemical test, police must follow proper procedures, including advising you of your rights under the Implied Consent Law. An experienced DUI attorney can review whether any procedural errors occurred in your case.

Why You Need an Experienced DUI Attorney

DUI cases are complex, with technical procedures that must be followed during your arrest, testing, and prosecution. Prosecutors in Pennsylvania often seek the harshest penalties, regardless of mitigating circumstances. Having an experienced DUI attorney like Lee Ciccarelli on your side is critical to securing the best outcome in your case.

An attorney can:

• Challenge the legality of traffic stops and arrest procedures.
• Contest the accuracy of BAC and chemical tests.
• Negotiate with district attorneys for enrollment in ARD or reduced penalties.
• Advocate for limited or alternative sentencing based on your circumstances.

Why Choose Ciccarelli Law Offices?

For over 25 years, Lee Ciccarelli and his team have demonstrated unmatched dedication to defending individuals accused of DUI across Pennsylvania.

• Proven Track Record of success in securing case dismissals, reduced charges, and favorable plea agreements.
• Comprehensive Approach, leaving no detail overlooked in your defense.
• Commitment to Clients: At Ciccarelli Law Offices, you’re not just a case number. Our team understands the profound impact a DUI case can have on your life and treats your situation with the urgency and care it deserves.

Lee Ciccarelli’s dedication to justice stems from his lifelong passion for helping others. He believes everyone deserves a fair shot at reclaiming their lives after a misstep and works tirelessly to provide his clients with that opportunity.

Don’t Navigate Your DUI Case Alone

Facing DUI charges can be overwhelming, but you don’t have to do it alone. Contact Ciccarelli Law Offices today for a free consultation. Whether you need advice on ARD eligibility, navigating complicated penalties, or defending against unjust charges, we’re here to fight for you.

📞 Call (610) 692-8700 or visit our website to book your consultation. Take the first step toward protecting your future today.