A DUI arrest can not only ruin your evening but wreck many aspects of your life moving forward. You could face jail time, fines, and other legal ramifications. Plus, you might jeopardize your job, your rented home, and even your ability to go to school. Let our Our Media, PA DUI lawyers help.
The good news is, if you’re arrested for a DUI in Pennsylvania, you have the legal right to fight your charges. Just because you were arrested doesn’t mean you’ll be convicted. Attorney Steven Kellis is dedicated to defending those charged with driving under the influence. Our Media, PA DUI lawyers have the skills and experience to build a strong case on your behalf, and we’ll work hard to have your charges dropped or reduced.
Our mission is to help you move forward, not be punished for the rest of your life for one mistake. Give us a call at (215) 977-4183 or contact us online today for a free, no-obligation consultation with an attorney.
Levels of DUI in Pennsylvania
In general, there are three different levels of DUI in Pennsylvania: General impairment, high blood alcohol content (BAC), and highest BAC. The severity of your potential dui penalties depends on whether you’ve been convicted of DUI in the past. The more convictions you’ve had, the more severe penalties you’ll face.
Additionally, the higher your BAC, the more severe your penalties will be.
General Impairment (.08 to .099% or Undetermined BAC)
- First DUI: Ungraded misdemeanor, up to six months probation, $300 fine, alcohol treatment potentially required, mandatory alcohol highway safety school.
- Second DUI: Ungraded misdemeanor, jail time from five days to six months, one-year license suspension, fines from $300 to $2,500, one year with an ignition interlock device, alcohol treatment potentially required, mandatory alcohol highway safety school.
- Third or Subsequent DUI: 2nd-degree misdemeanor, jail time between 10 days and two years, one-year license suspension, fines from $500 to $5,000, one year with an ignition interlock device, alcohol treatment potentially required.
High BAC (.10 to .159% BAC)
- First DUI: Ungraded misdemeanor, jail time from two days to six months, fines from $500 to $5,000, one-year license suspension, alcohol treatment potentially required, mandatory alcohol highway safety school.
- Second DUI: Ungraded misdemeanor, jail time from 30 days to six months, one-year license suspension, fines from $750 to $5,000, one year with an ignition interlock device, alcohol treatment potentially required, mandatory alcohol highway safety school.
- Third or Subsequent DUI: 1st-degree misdemeanor, prison time between one and five years, 18-month license suspension, fines from $1,500 to $10,000, one year with an ignition interlock device, alcohol treatment potentially required.
Highest BAC (.16% and above, or controlled substance DUI)
- First DUI: Ungraded misdemeanor, jail time from three days to six months, fines from $1,000 to $5,000, one-year license suspension, alcohol treatment potentially required, mandatory alcohol highway safety school.
- Second DUI: 1st-degree misdemeanor, jail time from 90 days to five years, 18-month license suspension, fines from $1,500 to $10,000, one year with an ignition interlock device, alcohol treatment potentially required, mandatory alcohol highway safety school.
- Third or Subsequent DUI: 1st-degree misdemeanor, prison time between one and five years, 18-month license suspension, fines from $2,500 to $10,000, one year with an ignition interlock device, alcohol treatment potentially required.
There are also some cases in which you could be arrested for a DUI, even if you aren’t on any controlled substances or have a BAC under .08%. Under PA. Cons. Stat. § 3802(a)(1), you 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.”
Essentially, if the officer who pulls you over believes you are too impaired to safely operate the vehicle, even if your BAC is below .08%, you can still be arrested for DUI.
Unfortunately, many people are wrongly arrested for DUI. If you were arrested for DUI, you should speak with a Media, PA DUI lawyer to ensure that the grounds for your arrest were lawful and that the police officer had both probable cause and reasonable suspicion to arrest you.
What about ARD?
Pennsylvania has a program called Accelerated Rehabilitative Disposition (ARD), which is available to some first-time DUI offenders. The ARD program allows you to avoid any kind of jail sentence. However, your case will result in any or all of the following:
- 6-12 months probation
- Community service
- CRN evaluation to determine if you will be required to have a more comprehensive drug and alcohol assessment
- Restitution to victims
- Alcohol Highway Safety School
- Treatment, including rehabilitation
- Administrative and court costs
- Other conditions imposed by a judge, such as the installation of an ignition interlock device
It’s important to understand that ARD cannot be available to everyone. Those previously placed in ARD are not eligible, nor are those who have gotten a DUI conviction in the past 10 years. Finally, if you had a passenger in your vehicle under 14 years old when you got your DUI or caused serious/fatal injuries as a result of your DUI, you aren’t eligible.
In total, ARD costs about $2,500, not including attorney fees. In some cases, the costs can be much higher. As such, it may not be the best option for everyone. Your Media, PA DUI lawyer will help you evaluate all of your legal options.
Defenses for DUI in Pennsylvania
As a former prosecutor, attorney Steven Kellis has the knowledge and experience necessary to reduce or dismiss the charges against you. He knows what the prosecution looks for and what types of evidence they rely on; thanks to his insight, Mr. Kellis has several strong defenses that can help you move forward from the arrest without a conviction.
Improper Police Stop
One of the most common is an improper stop by the police. Officers are required to have a reason to pull you over. If you’re obeying all traffic laws and driving safely, you can argue the police made an unreasonable stop.
Improper Administration of Field Sobriety Tests
Second is the improper administration of field sobriety tests. Field sobriety tests have been shown over and over to be unreliable, but they are still in use. If these tests aren’t properly administered, they may not be admissible in court.
In addition, field sobriety tests generally aren’t considered signs of intoxication on their own.
Failure to Follow Proper Procedure
Not following proper protocol elsewhere is also a major reason why DUI cases may be dismissed. For instance, if blood is improperly tested, or the breathalyzer isn’t properly calculated, the evidence gathered may be considered inadmissible. More rarely, if the officers question you without reading you your Miranda rights, anything you say may also be inadmissible.
The most common scenario is that our lawyers work with the state prosecutors to come to an agreement that keeps the case out of court. The state is always overly burdened by criminal cases, and if they can take a case off the docket, they will. Often, in return for pleading guilty, you will get a reduced charge or reduced punishments.
Help from a Media, PA DUI Lawyer
Whether this is your first or fifth DUI arrest, legal options are available to you. At the Law Offices of Steven E. Kellis, we have years of experience helping clients fight their DUI charges to get them reduced or thrown out altogether.
Give us a call at (215) 977-4183 or contact us online today for a free, no-obligation consultation with a Media, PA DUI lawyer.
Our DUI defense attorney represents those facing DUI, drug crime, and criminal charges throughout Eastern Pennsylvania. Call or contact us online to get started.