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DUI Defense Lawyer Available in Delaware County, PA

Effective representation can result in a positive outcome
PA DUI LAW

dui driving under influence

Have you been charged with a DUI? If so, you need legal help immediately. With mandatory minimum jail sentences for convictions even in first offense cases and mandatory license suspensions, even what seems like a simple DUI can have major consequences. Effective representation can help you avoid a conviction, avoid jail, and avoid a license suspension. I will fight to get your charges dismissed, reduced, withdrawn, or withheld.

Your DUI may be eligible for the Accelerated Rehabilitative Disposition Program (ARD). With a simple call to me, I can discuss and explain how this program can save your license and your freedom.

If this is your first DUI within 10 years, you may be eligible for the ARD program which would allow you to avoid the following penalties, call me to discuss this program further and how it can benefit your case.

There are now three levels of DUI:
  • General Impairment (.08 to .099% BAC)
  • High BAC (.10 to .159% BAC)
  • Highest BAC (.16% and higher)
General Impairment penalties.08 to .099% BAC
No prior DUI offenses

  • ungraded misdemeanor
  • up to 6 months incarceration
  • $300 fine plus court costs
  • alcohol highway safety school
  • treatment when ordered

1 prior DUI offense

  • ungraded misdemeanor
  • 12 month license suspension
  • 5 days to 6 months jail time
  • $300 to $2,500 fine plus court costs
  • alcohol highway safety school
  • treatment when ordered
  • 1 year ignition interlock

2 or more prior DUI offenses

  • 2nd degree misdemeanor
  • 12 month license suspension
  • 10 days to 2 years prison
  • $500 to $5,000 fine plus court costs
  • treatment when ordered
  • 1 year ignition interlock

No prior DUI offenses

High BAC penalties.10 to .159% BAC
  • ungraded misdemeanor
  • 12 month license suspension
  • 48 hours to 6 months prison
  • $500 to $5,000 fine
  • alcohol highway safety school
  • treatment when ordered
  • ungraded misdemeanor
  • 12 month suspension
  • 30 days to 6 months prison
  • $750 to $5,000 fine
  • alcohol highway safety school
  • treatment when ordered
  • 1 year ignition interlock
  • 1st degree misdemeanor
  • 18 month license suspension
  • 90 days to 5 years prison
  • $1,500 to $10,000 fine
  • treatment when ordered
  • 1 year ignition interlock
  • 1st degree misdemeanor
  • 18 month license suspension
  • 1 to 5 years prison
  • $1,500 to $10,000 fine
  • treatment when ordered
  • 1 year ignition interlock
Highest BAC penalties(.16% and higher) or Controlled Substance
  • ungraded misdemeanor
  • 12 month license suspension
  • 72 hours to 6 months prison
  • $1,000 to $5,000 fine
  • alcohol highway safety school
  • treatment when ordered
  • 1st-degree misdemeanor
  • 18-month license suspension
  • 90 days to 5 years prison
  • $1,500 to $10,000 fine
  • alcohol highway safety school
  • treatment when ordered
  • 1-year ignition interlock
  • 1st-degree misdemeanor
  • 18-month license suspension
  • 1 to 5 years prison
  • $2,500 to $10,000
  • treatment when ordered
  • 1-year ignition interlock

3802. Driving under influence of alcohol or controlled substance.

(a) General impairment.–

(1) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.

(2) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is at least 0.08% but less than 0.10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

(b) High rate of alcohol.–An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is at least 0.10% but less than 0.16% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

(c) Highest rate of alcohol.–An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is 0.16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

(d) Controlled substances.–An individual may not drive, operate or be in actual physical control of the movement of a vehicle under any of the following circumstances:

(1) There is in the individual’s blood any amount of a:

(i) Schedule I controlled substance, as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act;

(ii) Schedule II or Schedule III controlled substance, as defined in The Controlled Substance, Drug, Device, and Cosmetic Act, which has not been medically prescribed for the individual; or

(iii) a metabolite of a substance under subparagraph (i) or (ii).

(2) The individual is under the influence of a drug or combination of drugs to a degree which impairs the individual’s ability to safely drive, operate or be in actual physical control of the movement of the vehicle.

(3) The individual is under the combined influence of alcohol and a drug or combination of drugs to a degree which impairs the individual’s ability to safely drive, operate or be in actual physical control of the movement of the vehicle.

(4) The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. 7303 (relating to sale or illegal use of certain solvents and noxious substances).

(e) Minors.–A minor may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the minor’s blood or breath is 0.02% or higher within two hours after the minor has driven, operated or been in actual physical control of the movement of the vehicle.