DUI Defense In Pennsylvania
The best DUI attorneys in Pittsburgh and across the Commonwealth work very hard to get their clients through one of the toughest legal challenges there is: Defending a DUI charge. A client is facing many different high-stress issues almost at once, and in most DUIs, that stress starts when the attorney cannot be there to advise them on the first stressful decision of whether to submit to a field sobriety test, or refuse.
Driving Under the Influence laws in Pennsylvania operate like many well-oiled machine parts. After you are processed by police on a DUI, you may get a letter from PennDot stating that your driver’s license will be suspended. Once the criminal complaint from police is received by the DA’s office, DUI charges will be brought and officially filed with the court. The court will have mandatory penalties and guidelines to follow for a DUI case, and will assume that your case falls under at least one of them.
Your car may have been towed, and while all of this is taking place, you will wonder what your sentence might be, if you can keep your job, and how you will get to and from work without a license.
The very best DUI attorneys understand all of the moving parts of a DUI charge in Pennsylvania, and how each part can affect your future. Attorneys Beth Tibbott and Dana Richardson have that knowledge. Our practice is built around solving both the legal and practical issues faced by our clients. We serve those accused of DUI in Pittsburgh, Johnstown and surrounding communities.
“Above and beyond what most attorneys do…” –Avvo client review by Robert.
Drunk driving defense in Pennsylvania also requires a set of technical and highly specialized skills that go beyond the necessary litigation and trial experience. To protect and defend clients against a DUI charge, your lawyer needs to be specifically trained in:
- Standardized Field Sobriety Testing
- Breathalyzer testing and Intoxilyzer defenses
- Medical conditions and chemical testing
- Procedures for Urine Testing
- Procedures for Blood Testing
- Acceptable Blood Testing for Controlled Substances
We have this specific training. Attorney Beth Tibbott is the only specialized DUI attorney in Cambria County, and is a founding member of the Pennsylvania Association of Drunk Driving Attorneys. Call Tibbott & Richardson today for a free discovery session about your DUI charges.
Pittsburgh & Ebensburg : (412) 690-0225(412) 690-0225
First Time DUI In Pennsylvania
Being charged with driving under the influence (DUI) for the first time is a very upsetting and frightening experience. Most drivers in Cambria and Allegheny County are law-abiding residents who simply failed to realize that they were too impaired to drive safely. It can happen to anyone. State and local police are on constant watch for any kind of unusual behavior on the roads, and will occasionally set up DUI checkpoints to search for suspects.
If you or a loved one are facing charges in PA, you should consult with Tibbott & Richardson right away. A criminal defense lawyer experienced in DUI cases can provide you with a clear path to resolution, and get you the most favorable results in court. Contrary to popular belief, or what police may have told you; there are many possible defenses allowed under the law that can (and have) successfully fought against drunk driving charges.
Grading Of Charges
A first offense DUI is an ungraded misdemeanor in the Commonwealth. That means that if you decide to take your case to trial, you do not have the right to a jury trial, rather you have a right to a bench trial (trial before a judge). You will want to have a local attorney who has been practicing before the judges and magistrates that will decide your case’s outcome. This is true even if your case does not go to trial. As you can read below, the prosecution (district attorneys and police) can also play a vital role specific to first offenders, and you will need a lawyer who knows how local law enforcement operate in DUI matters.
If your first DUI involved a passenger under the age of 18 years old, then your offense will be graded as a misdemeanor in the first degree, or M1, and your case will qualify for trial by jury.
| BAC Tier | Jail Time | License Suspension | Fine |
|---|---|---|---|
| .08 to .099 | Up to 6 mo. Probation | — | $300 |
| .10 to .159 | 2 days to 6 months | 1 year | $500 – $5,000 |
| .16 or higher | 3 days to 6 months | 1 year | $1,000 – $5,000 |
*Completion of Alcohol Safety School is required for all convictions regardless of which tier you are charged with.
Pennsylvania uses a 3-tier system based on blood alcohol content – or BAC, in determining sentences. The higher your blood alcohol as found by chemical testing, the tougher the mandatory minimums and penalties you face.
In addition to the above penalties, a judge may also order an alcohol and drug evaluation, and depending upon the results, further require completion of an alcohol or drug abuse program.
ARD For 1st DUI Offense
If this is your first time being accused of drunk driving, then you may qualify for a unique alternative sentencing program in PA called alternative rehabilitative disposition, or ARD. Under the program, 1st offenders can essentially bypass the criminal prosecution of the offense by entering into an agreement with the prosecution and the court. If you complete all of the requirements under the ARD agreement, then you will be able to expunge the DUI charges from your public record and will not have the misdemeanor that would have been recorded were you found guilty. ARD can also significantly lessen the license suspension time for those who may be found guilty at the 2nd or 3rd BAC tier.
Please visit our ARD page for more information on the ARD program offered in Allegheny and Cambria Counties.
The best outcome for a 1st DUI offense is to have the case dismissed, and/or all charges dropped. This is the first option we will explore with you upon consultation. You should be aware of all of the options available to you in your case, and understand which resolution to pursue and how to obtain it. We can help.
Call us now for a free discovery session to discuss your case. We are specifically trained to represent DUI offenses in Allegheny, Cambria and Indiana Counties. Let us clearly explain the legal process to you along with all of your options during a free case evaluation. Pittsburgh & Ebensburg: (412) 690-0225(412) 690-0225
2nd DUI Offense In Pennsylvania
Pennsylvania has a 10-year “look back” period for establishing prior DUIs. Along with convictions, a previous ARD for DUI will also count toward prior DUI convictions if completed within the past 10 years.
Many first and second DUIs are ungraded misdemeanors. However, in 2012 the PA legislature enacted an enhancement to the criminal code which allows for more severe penalties when a passenger in the accused driver’s car is a minor under 18 years old. In these cases, the driver will be charged with a misdemeanor of the first degree, and if convicted, (plead or found guilty) will face:
- 1st Offense w/ Minor: Additional fine of $1,000 plus 100 hours of community service.
- 2nd Offense w/ Minor: Additional fine of $2,500 plus 1 to 6 months incarceration.
- 3rd Offense w/ Minor: Minimum of 6 months to maximum of 2 years incarceration.
To avoid these harsh penalties and the penalties listed in the chart below, you will need a defense attorney on your side as soon as possible so that the charges can be successfully fought against.
2nd DUI Penalties In PA
| BAC Tier | Jail Time | License Suspension | Fine | Program | Interlock (IID) |
|---|---|---|---|---|---|
| .08 to .099 | 5 days to 6 months | 1 year | $300 – $2,500 | — | 1 year |
| .10 to .159 | 30 days to 6 months | 1 year | $750 – $5,000 | Alcohol Safety School | 1 year |
| .16 or higher | 90 days to 5 years | 1.5 years | $1,500 – $10,000 | Alcohol Safety School | 1 year |
In some counties, it may be possible to lessen charges from a DUI to reckless endangerment or reckless driving. This is normally accomplished when your defense attorney is able to show the prosecution significant weaknesses in the case, or in other specific circumstances. Having a reckless endangerment or reckless driving conviction instead of a DUI can be a favorable outcome in certain situations. Insurance premiums are less likely to increase dramatically after a reckless driving offense, employment opportunities will not be as limited, and you may not face any license suspension. In addition, the fines for reckless endangerment or reckless driving can be less than those possible under a DUI conviction.
To protect all of your options and rights under Pennsylvania law, it is crucial to have a qualified and experienced DUI defense attorney in your corner before your preliminary hearing.
There are several proven defenses to these charges, and Tibbott & Richardson has successfully used these defenses for our clients. Contact or call us today to receive a free evaluation of your case. Call Us At (412) 690-0225(412) 690-0225.
3rd DUI Offense In Pennsylvania
If you are facing a 3rd DUI violation in Pennsylvania, you need to retain the services of a highly qualified criminal defense lawyer immediately. Your future depends on the comprehensive preparation of a solid defense by an attorney specifically trained and experienced in handling driving under the influence of drugs or alcohol charges.
The Commonwealth uses a tiered system of sentencing guidelines for DUI violations. Sentencing will be harshest for violators in the 3rd tier of blood alcohol concentration, or BAC, who also have 3 or more prior drunk driving convictions. The following chart summarizes 3rd DUI penalties upon conviction:
Penalties For 3rd + DUI Offenses In PA
| Prior DUI/BAC Tier | Jail Time | License Suspension | Fine | Program | Interlock (IID) |
|---|---|---|---|---|---|
| 3rd +DUI/.08 to .099 | 10 days to 2 years | 1 year | $500 – $5,000 | Treatment Program* | 1 year |
| 3rd +DUI/.10 to .159 | 90 days to 5 years | 1.5 years | $1,500 – $10,000 | Treatment Program* | 1 year |
| 3rd +DUI/.16 or higher | 1 year to 5 years | 1.5 years | $2,500 – $10,000 | Treatment Program* | 1 year |
What Counts As Priors
Pennsylvania courts will count all prior convictions for DUI in the Commonwealth toward the number of prior DUIs considered during the sentencing phase. A conviction is any charge to which you plead guilty, or for which you were found guilty by a judge or jury.
In addition, any conviction for a similar DUI offense as stated under PA crimes code that occurred in another state will also count as a prior DUI. Out-of-state DUI convictions can be a complicated legal issue requiring your attorney’s expertise. There is precedent to disqualify convictions in certain states from relating to PA DUI laws.
Note also that if you entered into or completed an ARD for DUI within 10 years of the current violation, this will also count as a prior DUI in Pennsylvania, even though there was no conviction.
Ignition Interlock Information
Those facing a third DUI will also be facing installation of an ignition interlock device, or IID, on their vehicle/s for a period of one year before unrestricted driving privileges will be restored. If convicted for a 3rd or 4th DUI, you will be required to have the device installed on all vehicles you own and operate, and pay all costs associated with the IID installation. Most approved vendors charge around $1,200 for a 12 month lease of an IID.
The IID is basically a breathalyzer connected to a communications network. The vehicle will not start until you blow into the device and your breath sample registers that no alcohol is in your blood. The device will also prompt for testing during operation of the vehicle at random times. Your IID limited license will begin after you have completed 12 months of your driver’s license suspension. PennDOT has more information here.
Take steps now to avoid the severe consequences of a 3rd DUI conviction. Find out what you can do to help your attorney fight the DUI charges, and then call us at: (412) 690-0225(412) 690-0225 We are highly qualified criminal defense attorneys with the specialized training, skills and legal knowledge necessary to protect your freedom and your future.
Get a free case evaluation from Tibbott & Richardson. Call or contact us now.
