Media Pennsylvania DUI Lawyers

A DUI arrest can ruin your evening and wreck many aspects of your life moving forward. You could face jail time, fines, and other legal ramifications. Plus, you might jeopardize your job, rented home, and even your ability to attend school. Let our Media PA DUI lawyer 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. Call us at (215) 977-4183 or online for a free, no-obligation consultation with an attorney.

What are the 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 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 ten years. Finally, if you had a passenger in your vehicle under 14 years old when you got your DUI or caused severe/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 your legal options.

 

What are some DUI defenses for DUI in Pennsylvania?

As a former prosecutor, attorney Steven Kellis has the knowledge and experience 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, your Media PA DUI lawyer will have several strong defenses to 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.

 

What Is Failure To Follow Proper Procedure?

Not following proper protocol elsewhere is also a significant reason why DUI cases may be dismissed. For instance, the evidence gathered may be considered objectionable if blood is improperly tested or the breathalyzer isn’t correctly calculated. More rarely, anything you say may be objectionable if the officers question you without reading your Miranda rights.

The most common scenario is that our lawyers work with the state prosecutors to reach 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. You will often get a reduced charge or reduced punishment in return for pleading guilty.

 

Help from a Media, PA DUI Lawyer

Legal options are available to you, whether this is your first or fifth DUI arrest. 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.

Call us at (215) 977-4183 or online 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.