Pittsburgh First-DUI Lawyers Protect Drivers’ Rights
Knowledgeable attorneys diligently pursue resolutions of charges
A DUI arrest can be humiliating and dispiriting. You might not have had a prior brush with the law but now you find yourself facing a charge that could damage your reputation and your career. You dread thinking about the future consequences of a conviction, but what hope do you have of fighting the charges? At a time like this, Phil DiLucente & Associates, LLC can provide the skilled and resourceful representation you need. For decades, our firm has protected the rights of drivers charged with DUI in the Pittsburgh area. We pursue the best results possible under the facts of every case.
What is the basis for conviction of DUI in Pennsylvania?
A DUI conviction requires proof of driving while intoxicated or impaired, which authorities can establish in either of two ways:
- Impairment-based DUI — The prosecutor will call the arresting officer to testify to observations about the driver’s behavior, such as slurred speech or poor balance, which allegedly rendered the driver incapable of operating the vehicle safely.
- Per se DUI — The prosecutor presents the results of chemical tests that show an unlawfully high blood alcohol concentration (BAC). A driver whose BAC is .08 percent or greater has committed a DUI offense. The threshold is lower for drivers with commercial licenses (.04 percent) and for minors (.02 percent). Per se DUI can also be based on evidence of controlled substances in the blood, including prescription medications such as benzodiazepines and medical marijuana.
A doctor’s prescription is not a defense to either impairment-based or per se DUI.
What are penalties for first-time DUIs in Pennsylvania?
Penalties for first-time DUI are organized in the following tiers, based on the driver’s BAC level and whether he or she tests positive for a controlled substance:
- Tier 1 — For a BAC of .08 to .099, the penalty is six months of probation and a $300 fine.
- Tier 2 — For a BAC of .10 to .159 the penalty is 48 hours to six months in jail, a fine of $500 to $5,000 and a one-year license suspension.
- Tier 3 — For a BAC of .16 or higher, or for controlled-substance DUI, the penalty is 72 hours to six months in jail, a fine of $1,000 to $5,000 and a one-year license suspension.
Drivers who refuse a chemical test are automatically placed in Tier 3.
Possible enhancements for first-time DUI penalties
Additional facts can persuade the court to impose stricter penalties. These include:
- Anyone other than the driver was injured.
- Property was damaged.
- The driver had one or more minor passengers.
- The driver was operating without a license.
- The driver is subsequently charged with another DUI.
Courts can also order alcohol education or treatment if deemed necessary.
Qualifying for Pennsylvania’s Accelerated Rehabilitative Disposition Program
A driver charged with DUI for the first time might qualify for the Accelerated Rehabilitative Disposition program (ARD), which can help defendants avoid jail and other penalties. ARD takes six to twelve months to complete and includes a safe-driving class, a drug and alcohol evaluation and substance abuse treatment. You will have to pay fines and your license will be suspended. But after completing the program, you can petition to have your DUI charges dismissed and the case expunged from your record.
Other diversion programs, such as drug court, also might be available to you. A knowledgeable DUI lawyer can explore your options and make a persuasive argument for your admission to a program.
Contact a Pennsylvania DUI lawyer for a free DUI defense consultation
Phil DiLucente & Associates, LLC represents Pennsylvania motorists in first-offense DUI cases. Please call 1.800.GET.PHIL or contact us online to schedule a free consultation at our Pittsburgh office.