DUI Defense:


People make mistakes. Unfortunately, a mistake that people make all too often is the decision to drink and drive. DUI offenses account for a large percentage of arrests in Chester County and Pennsylvania. An arrest for DUI can be embarrassing and demoralizing. A conviction for DUI can cause you to spend time in jail, lose your license, and pay hefty fines. If you have been charged with DUI in Chester County, it is imperative that you hire a competent, local attorney who knows how to defend you against the charges that you face. For more information on the Programs available specifically to those accused of DUI offenses, please see the article on Assisted Rehabilitative Disposition (ARD).

In analyzing a DUI arrest, it is critically important to review the facts that led to law enforcement’s belief that an individual was driving while under the influence. Did the law enforcement officer see the accused swerving in the road? Did the accused get detained while going through a DUI checkpoint? Did the accused cause an accident? If law enforcement did not have proper justification to stop the vehicle and make an arrest for DUI, it is possible that the evidence of DUI could be suppressed and the charges dropped.

In Pennsylvania, the DUI offense is broken down into 3 “tiers” based on the accused’s blood alcohol concentration (“BAC”). The “lowest tier” occurs when the BAC is at least 0.08%, but less than 0.10%. The “middle tier” occurs when the BAC is at least 0.10%, but less than 0.16%, and an offender’s BAC is in the “highest tier” when it is 0.16% or above. The mandatory minimum penalties for a DUI offense in Pennsylvania depend on the BAC of the individual accused of DUI. The mandatory minimum penalties for a DUI in Pennsylvania also depend on whether the accused has previous convictions for a DUI offense. For more information about DUI penalties in Pennsylvania, including Chester County DUI offenses, please see the following chart:

PENNSYLVANIA DUI PENALTY CHART
TYPE OF DUI 1st PA DUI 2nd PA DUI 3rd PA DUI
General Impairment
Incapable of Safely Driving
OR
BAC 0.08 - 0.99 %
$300 fine $300 - $2500 fine $400 - $2500 fine
alcohol highway safety school alcohol highway safety school  
  12 month license suspension 12 month license suspension
  five days to six months jail ten days jail to two years prison
  one year ignition interlock device one year ignition interlock device
TYPE OF DUI 1st PA DUI 2nd PA DUI 3rd PA DUI
High BAC
BAC 0.10 - 0.159 %
OR
DUI with a Minor Driver
OR
DUI in Commercial Vehicle
$500 - $5000 fine $750 - $5000 fine $1500 - $10,000 fine
alcohol highway safety school alcohol highway safety school  
12 month license suspension 12 month license suspension 18 month license suspension
48 hours to six months jail 30 days to six months jail 90 days jail to five years prison
  one year ignition interlock device one year ignition interlock device
TYPE OF DUI 1st PA DUI 2nd PA DUI 3rd PA DUI
Highest BAC
BAC 0.16 % or greater
OR
Controlled Substance DUI
OR
Incapable of Safely Driving and BAC Refusal
$1000 - $5000 fine $1500 - $10,000 fine $2500 - $10,000 fine
alcohol highway safety school alcohol highway safety school  
12 month license suspension 18 month license suspension 18 month license suspension
72 hours to six months jail 90 days jail to five years prison one year to five years prison
  one year ignition interlock device one year ignition interlock device

While DUI offenses are common in comparison to other crimes, it does not mean that an arrest for DUI should be taken lightly. It is critically important to hire a knowledgeable attorney who will review all the facts and evidence of your case and help you make an informed decision. I encourage you to call my office to schedule a Free Initial Consultation so that we can discuss the charges that you face.

At the West Chester, Pennsylvania law offices of Eric Trajtenberg Esq., I represent clients throughout South Eastern Pennsylvania, including Downingtown, Exton, Coatesville, Kennette Square, Chester County and Montgomery County The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Copyright © 2010 by Eric Trajtenberg Esq. Attorney at Law. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.
Eric Trajtenberg, Esq.
32 South Church St. West Chester, PA 19382
Telephone: 610-696-8344
Fax: 610- 696-1855