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Jury Acquittal on 4th Offense DUI
Dismissal of DUI Aggravated Assault Charges
For DUI With Prior History
A DUI in Chester County includes not only a police officer’s opinion of inability to driving safely, but also per se convictions of driving while your blood alcohol concentration is .08 percent or higher. In Pennsylvania, the Government is constantly making it easier for them to get a conviction for a DUI and expanding the definition of what a DUI is.
Last year’s punishment is never enough and politicians get elected by pushing for more; with each new and improved punishments for DUI resulting in more jail time, more loss of license, and a greater impact on your family and your job.
Do not underestimate the impact of a Driving After Imbibing or DUI Drunk Driving Offense. You need a Chester County DUI attorney that will stand for you, and your family when you are facing a conviction for drunk driving.
For hundreds of drivers, a DUI arrest will be the first criminal charges that they face. If caught operating a vehicle while under the influence of alcohol, a person faces serious consequences, even for a first offense.
With a chance of jail time, heavy fines, suspension of driving privileges, and a criminal record hanging over your head, the court proceedings ahead of you may seem overwhelming. In this situation, the aid of an experienced attorney can make all the difference.
Ciccarelli Law Offices is different. Our Chester County DUI lawyers have over 50 years of combined experience with our goal of working toward the best possible results. We bring a team of former DUI prosecutors and Philadelphia defenders, armed with the experience to fight DUI charges and aimed at serving our clients when then need us most.
Our attorneys are battle-tested in the local court systems and experienced in taking on the local District Attorney’s Offices. We are also well versed in the alternate sentencing programs, like the Accelerated Rehabilitative Disposition (ARD) and the Intermediate Punishment Program (IPP) and will strive to maximize each option so that you are equipped to make the most informed decision about your case. Learn more about our DUI Legal Team, or contact us now by Email or call (610) 692-8700.
Can you afford to lose your license, face jail time, or endure a permanent criminal record? You need more than one lawyer or just one hope when facing dui charges and prosecution for drunk driving in Chester County or the greater Philadelphia area. We are a team of defense lawyers with nearly 40 years of experience fighting for justice when you are facing a DUI. The legal team at Ciccarelli Law Offices can help defend you against a DUI charge. These allegations are not to be taken lightly, and you need to take steps to protect your future. Our team can work to have your charges reduced or dismissed before you even appear in court. A West Chester DUI lawyer from Ciccarelli Law Offices will fight for you. Call us today at (610) 692-8700 to schedule your free consultation.
We are proud to represent clients throughout the Greater Philadelphia area. We are based in West Chester, and have offices in Philadelphia, Springfield, King of Prussia, Kennett Square, Radnor, Lancaster, Malvern and Plymouth Meeting. We represent clients in Chester County, Delaware County, Montgomery County and Lancaster County.
If you are facing a DUI charge, our attorneys can help defend you at every step of the process, including your license suspension hearing or application for a hardship license.
Josh Tebay and Lee were fantastic to work with… I would highly recommend Ciccarelli Law Offices based on my experiences.
Until such time that Pennsylvania reduces the legal limit further (see attempt to reduce the DUI Limit in Pennsylvania to .05 percent) the current laws place a legal limit of .08 % in Pennsylvania. A Blood alcohol concentration at .08 percent are higher is per se DUI and can result in a conviction. However, a Blood alcohol level as low as .05 percent can be considered in determining that a driver is guilty of a DUI because they are incapable of safe driving.
When you are suspected of driving after imbibing or drunk driving, the police will commonly perform a series of Field sobriety tests so that the police can use their subjective opinion as evidence in support of your arrest (establishing reasonable grounds for a dui) and the obtaining of blood alcohol testing. There are three field sobriety tests that are recognized by NHTSA as possibly showing that a motorist is impaired:
Other tests are often administered in Pennsylvania including the finger-to-nose test, reciting the alphabet, and a balancing test, but tests are not recognized by NHTSA as indicators of impaired and can be challenged by our dui defense team.
In many cases, factors other than alcohol intoxication or impairment from a controlled substance can lead to irregular driving or poor performance on a field sobriety test. These factors can result in driving patterns or behavior that initially indicates driving under the influence to a law enforcement officer. Some factors can include:
If you’re like many drivers arrested for DUI, you may be tempted to plead guilty just to put the experience behind you. That’s completely understandable, but you should know that there may be excellent reasons to fight your case.
Nearly 25 years ago I began my DUI Defense career with a jury trial many people did not think could be won. A man, with three prior drunk driving convictions, found passed out, alone, at the scene of an accident on an abandoned road, with a blood alcohol of nearly three times the legal limit and facing a state jail sentence. I was certainly not the first attorney he spoke to, considering the seriousness of the charges and the newness of my law degree; but there was something about me that he apparently liked. I would like to think it was my optimism, my sincerity, and my clarity of the facts, the issues and the stakes.
In the course of that jury trial, I was able to turn the prosecutions’s case against itself; taking the Commonwealth’s strongest evidence; the high level of intoxication; and assert that my client was so intoxicated that he could not have possibly been driving and that there had to be another driver. That followed with cross-examination of the police that established the police could not rule out the existence of another driver and admissions by a paramedic called by the Commonwealth that he may have been coached by the prosecuting officer. The acquittal in this my first jury trial was cemented with the introduction of one defense witness; the man who was operating the vehicle and fled the scene after the accident leaving my client behind.
The jury acquittal was a culmination of the facts, our investigation and a relentless defense. It is hardly a common result and each case is as different as its facts but the process brought justice for my client and empowered me to fight for the accused. It is a fight I now bring with the efforts of a team of attorneys including former DUI prosecutors.
Pennsylvania law provides for three general categories of DUI offenses based on different levels of impairment. The consequences for offenses committed each level of impairment increase as the driver’s BAC increases or if a driver is deemed to have refused. The categories and penalties according to Pennsylvania Statutes § 3802 are:
First DUI (no prior DUI convictions) – A first offense DUI in Pennsylvania involving a BAC of 0.08 to .099 is not a felony but an ungraded misdemeanor with a statutory maximum sentence of six months of supervision including:
Second DUI (one prior DUI conviction within 10 years) – A second DUI involving a BAC of 0.08 to .099 is also a misdemeanor carrying a minimum period of supervision but also carrying very serious consequences including:
Third DUI (two prior DUI convictions within ten (10) years) – A third DUI involving a BAC of 0.08 to .099 is considered a second (2nd) degree misdemeanor and in addition to up to two years supervision, an individual can face:
First DUI (no prior DUI convictions) – A first DUI involving a BAC of .10 to .159% is considered an ungraded misdemeanor. Under Pennsylvania law, the courts will typically impose the following sentence:
Second DUI (one prior DUI conviction) – A second DUI involving a BAC of .10 to .159% is considered an ungraded misdemeanor. Under Pennsylvania law, the courts will typically impose the following sentence:
Third DUI (two prior DUI convictions) – A third DUI involving a BAC of .10 to .159% is considered a first degree misdemeanor, which carries up to five years of supervision and:
Fourth or Subsequent DUI – A fourth or subsequent DUI involving a BAC of .10 to .159% is considered a first (1st) degree misdemeanor. Under Pennsylvania law, if the driver is convicted of a fourth or subsequent DUI, the courts will typically impose the following sentence:
First DUI (no prior DUI convictions)
Second DUI (one prior DUI conviction in 10 years) – A second DUI involving a BAC of .16% and higher is considered a misdemeanor of the first degree, which carries up to five years of supervision and:
Third DUI (two prior DUI convictions) – A third DUI involving a BAC of .16% and higher is considered a misdemeanor of the first degree which carries up to five years of supervision and:
As harsh as a drunk driving charge can be in Pennsylvania, there are factors that are considered by the Court that will make the penalties even harsher. These could be considered as aggravated factors that statutorily increase the possible penalties that you may face.
According to Pennsylvania law, as defined in 75 Pa. Cons. Stat. § 3802, a person cannot legally operate a vehicle” after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving .” The specific amount of alcohol that is considered to impair a driver’s judgment to this level is a Blood Alcohol Content (BAC) of .08, even if the driver displays no outward signs of impairment.
If you’re caught with a BAC of.1 or more, however, you could be charged with a “high rate of alcohol”, which carries steeper penalties. If your BAC is over .16, penalties increase even further, and you can be charged with “highest rate of alcohol.”
Additionally, it is illegal to drive under the influence of controlled substances. You may not drive with any Schedule I drug in your system, or any Schedule II or III drug that has not been prescribed to you.
Some scenarios change the requirements or penalties for a DUI charge. For instance, if you drive a commercial vehicle, your BAC can only be at .04 without risking an arrest. For school vehicles such as buses, however, that limit is only .02. For these commercial drivers, a DUI conviction could result in losing their commercial license for a year and possibly losing their jobs.
Drivers under the legal drinking age of 21 can face a DUI if their BAC is above a .02 as well.
The possible punishments for a DUI charge vary depending on your criminal history and your BAC during the arrest. You could be facing jail time, fines, treatment programs, and a required ignition interlock device for your vehicle.
If you are a first-time offender, you may have the option of going through Accelerated Rehabilitative Disposition (ARD). ARD requires you to fulfill certain commitments, like 50 hours of community service and a treatment program.
If you decide ARD is the best defense strategy for you, your West Chester defense attorney can argue why you deserve to be admitted into the program.
If an officer detains your vehicle and suspects that you are under the influence of alcohol or drugs, he may request that you take a BAC Test. The most commonly used test is a breathalyzer, but your urine or blood may also be requested for testing.
Remember the saying, “ driving is a privilege, not a right.” More than an old saying, that is the law in Pennsylvania, and if you refuse to provide a BAC test where an officer has reasonable grounds for a bac test, you may be facing an additional one year suspension of your license over and above any loss of license attributable to a DUI conviction; as well as allow the prosecution to prosecute your dui as a highest tier offense.
You have the right to refuse the test if police do not have a warrant, but there are consequences, and if you are ultimately convicted of DUI this refusal will increase your penalties. The first time that this occurs, you face a minimum of 72 hours in jail and a suspension of your driving privileges for a year.
Even if a chemical test shows that your BAC is higher than the legal limit, this does not guarantee a conviction. In some instance, improper procedures can render the test results void. There is also a margin of error inherent in these tests that can be used to call their results into question. A skilled attorney can be key in finding a weakness in the prosecution’s use of BAC test results.
When a BAC test is requested, the officer must inform the driver that they do not have the right to remain silent and that refusing the test can result in a suspension of their license. In the case of a refusal, an accused individual will receive a notice of suspension within 30 days. After receiving this notification, you can then request a hearing where the suspension can be contested.
If you’ve been accused of drunk driving in Downingtown, Exton, Oxford, Lancaster, Coatesville, Bucks County, Lancaster County, Delaware County, Montgomery County or anywhere in Southeastern Pennsylvania, you have rights. The team at Ciccarelli Law Offices can help you protect those rights, and fight for the best possible result for you. An experienced West Chester DUI lawyer can make a big difference in how your case turns out. Call (610) 692-8700 today to set up a free consultation to discuss your drunk driving charges with our attorneys.
When choosing a DUI defense attorney, it is important to find one with knowledge, vigor and a record of success. Ciccarelli Law Offices provides all of these and more. A member of the DUI Defense Team of Ciccarelli Law Offices is ready to thoroughly analyze your driving under the influence case and help you to decide the best course of action. We will help you to understand the DUI charge and will provide you with practical options and alternatives. We will prepare each case as though it is going to trial to insure preparation and thorough understanding and will take the case to trial if you are not satisfied with the resolution that is offered. We strive to be zealous advocates and always try to obtain the best results for our clients.
It may be possible to fight your Pennsylvania DUI charge and win, but you’ll never know if you plead guilty without first exploring your options. Ciccarelli Law Offices can review your case to determine whether the local Pennsylvania district attorney’s case has weaknesses that are open to challenge. Please contact us today for a free consultation.
You deserve a Chester County DUI lawyer that is available when you need him, treats you with respect, and protects your rights vigorously. For more information or to schedule an appointment with an experienced Pennsylvania DUI Attorney at Ciccarelli Law Offices, by contacting us at (610) 692-8700 or toll free at (877) 529-2422.