Philadelphia DUI Lawyer

After being arrested for DUI, the worst thing you can do is ignore the charge. If you don’t do anything, you’ll be convicted and face severe penalties that will follow you for the rest of your life. You’ll face even more severe repercussions if you try to run or hide from law enforcement.

Never assume that you’re out of options; every DUI case features unique circumstances, so you may be able to have the charge dropped or reduced with the help of a Philadelphia DUI attorney.

Take the first step to protect yourself from steep fines and harsh penalties; call attorney Steven E. Kellis today.

What are the penalties for a DUI in Philadelphia?

DUI penalties depend primarily on the perpetrator’s blood alcohol content (BAC) at the time of the arrest. The higher the BAC, the more severe penalties the perpetrator will face. In Pennsylvania, the BAC threshold is .08%, meaning anyone who meets or exceeds this limit while driving can be arrested for DUI.

The lowest-level DUI is known as “general impairment” and includes BAC levels between .08 and .099%. Penalties for general impairment include:

First Offense: Misdemeanor

• $300 fine
• ≤ 6 months’ probation (additional cost)
• Alcohol highway safety school (additional cost)
• Possible court-ordered treatment (additional cost)

Second Offense: Misdemeanor

• Five days – six months jail time
• $300 – $2,500 fine
• 12-month license suspension
• One-year ignition interlock device
• Alcohol highway safety school (additional cost)
• Possible court-ordered treatment (additional cost)

Third Offense: 2nd Degree Misdemeanor

• Ten days – two years prison time
• $500 – $5,000 fine
• 12-month license suspension
• One-year ignition interlock device
• Alcohol highway safety school (additional cost)
• Possible court-ordered treatment (additional cost)

Higher BAC violations carry heftier penalties. For example, someone arrested with a BAC of .16 or higher will have fines between $1,000 – $5,000, at least 72 hours in jail, and up to six months in prison for their first violation.

Consult the Pennsylvania DUI Legislation website for more information.

What Are Pennsylvania DUI Laws You Should Know?

• 38 § 3802(a-c): You cannot legally operate a vehicle once you have consumed enough alcohol to impair your abilities. This statute sets the legal blood alcohol content (BAC) threshold limit at 0.08%, but it is possible to have a DUI conviction on less than 0.08% if the prosecution can prove you were impaired. The statute also specifies different levels of impairment based on higher BACs (general impairment, high level of alcohol, highest level of alcohol).
• 38 § 3802(d): You cannot legally operate a vehicle if you are on any controlled substance or have used any prescription or over-the-counter medicine that impacts your ability to drive safely.
• 38 § 3803: Describes the different levels of DUI offenses
• 38 § 3804: Sets the penalties for different levels of DUI offenses.
• 38 § 3809: Forbids having an open container of alcohol in your car unless you’re a passenger in a bus, taxi, or limo.

DUI Statistics for Philadelphia

As a big city with lots of activity where drinking is a common culture, Philadelphia has a high volume of DUI arrests. However, efforts by law enforcement and the effect of ride-sharing services have lowered DUIs by a significant amount over the past several years.

According to the Philadelphia District Attorney, DUI arrests fell from 2,504 in 2018 to 1,926 in 2019. Fewer DUIs occurred during the COVID-19 pandemic, with 1,385 arrests in 2020. According to Insurify, 0.82% of drivers in Philadelphia have been arrested for DUI. This is lower than other large cities, but Philadelphia ranks in many “Top 10” lists for the amount and severity of drinking and driving.

A map from the American Addiction Centers shows that the highest volume of DUI arrests in Philly occurs on Allegheny Avenue. Broad Street, Lehigh Avenue, and Kensington Avenue are significantly lower at the second, third, and fourth most common streets for a DUI arrest, respectively.

Which Court Hears DUI Cases in Philadelphia?

Unlike surrounding counties, Philadelphia tries all DUI cases in the same court. Any time there is a DUI arrest in Philadelphia County, the alleged perpetrator must report to the Juanita Kidd Stout Center for Criminal Justice at the following address:

Juanita Kidd Stout Center for Criminal Justice
1301 Filbert St
Philadelphia, PA
19107

Violations that involve a possible license suspension require a separate procedural hearing. These will take place at the Philadelphia Municipal Court — Traffic Division at the following address:

Philadelphia Municipal Court — Traffic Division
800 Spring Garden St.
Philadelphia, PA
19123

What Are Some DUI Plea Options in PA?

There are four main pleas you can enter when facing a possible DUI conviction in Pennsylvania. Your Philadelphia DUI defense attorney will help you decide the best option for your circumstances.

Delay Your Plea

This option is available during your Preliminary Hearing if you decide to appoint a lawyer and want to reschedule. You can also attempt to resolve your case before entering a plea through various motions or legal techniques.

Some cases may also be diverted to the Accelerated Rehabilitative Disposition (ARD) program before entering a plea or facing prosecution for allocution.

Not Guilty

This option allows you to fight your charges procedurally, usually through a jury trial. You don’t necessarily have to prove that you weren’t driving under the influence; you can prove that the prosecution doesn’t have enough evidence to convict or that they made procedural mistakes.

Guilty

This option should be reserved for cases in which you make a plea bargain with the prosecution. You can often have charges reduced, receive lighter sentencing, or avoid penalties like a license suspension. A Philadelphia DUI attorney needs to be present during these negotiations.

No Contest

When it comes to consequences, this plea counts as a guilty plea. You’ll receive all of the penalties for a full DUI conviction, including having the DUI on your criminal record. Usually, a “No Contest” or “Nolo Contendere” plea is better for minor traffic violations.

DUI Lawyers in Philadelphia Should Know Breathalyzers

One important factor often overlooked when considering potential DUI lawyers is their experience with breathalyzers (breath test machines) used in PennsylvIt would help if you challenge an attorney to impress you with their knowledge of the different types of breathalyzers used for DUIs; what makes them unique and different, how many other devices there are, etc.

Any hesitation on their part to answer your questions means you should consider a different attorney. It’s important to remember that you are the boss, and you are hiring them – the lawyer works for you, not the other way around. Have peace and confidence in selecting your legal representation.

Hire an Experienced Philadelphia DUI Attorney

The best Philadelphia DUI attorney is the one who works exclusively in DUI law. Attorneys 100% immersed in DUI laws, cases, and trials weekly are more likely to provide adequate defense because they know the ins and outs of every case and can foresee every possible outcome.

Beware of working with a multi-practice law firm whose attorneys claim they provide DUI defense – this is a far cry from attorneys who take nothing but DUI cases and genuinely want the best outcome for you.

Steven E. Kellis is exceptionally well-versed in Pennsylvania DUI law and will provide optimal defense for those charged with driving under the influence.

As a former Senior Assistant District Attorney, Mr. Kellis has years of experience on both sides of the law, prosecuting and later defending those charged with DUI. With 20 years of jury trial experience and impressive legal victories, Steven E. Kellis is a Philadelphia DUI lawyer with one of the longest tenures in town.

Contact an Experienced Philadelphia DUI attorney Today.

Steven E. Kellis has a proven track record of obtaining favorable client results as a DUI attorney in Pennsylvania. Once he has all the facts about your case, he begins crafting an optimal defense to help you move on with your life.

If you have been arrested for a DUI in Philadelphia or any other part of the state, contact us today. Your initial consultation is free, during which we will analyze your case and recommend legal actions. Call now.