In brief
In Pennsylvania, DUI penalties depend on blood alcohol concentration (BAC) and prior offenses. The law has three tiers: general impairment (0.08% to under 0.10%), high rate (0.10% to under 0.16%), and highest rate (0.16% and above; most drug-related DUIs and test refusals are penalized at this level). A DUI also starts a separate PennDOT license process, so act quickly.
- DUI cases involve both the criminal charge and potential PennDOT / licensing consequences.
- Breath tests, blood tests, field sobriety exercises, and the legality of the stop are common defense issues.
- Prior DUI history can change grading and mandatory penalties.
- Deadlines for license-related responses can be separate from the court calendar.
- Early review of the police report and testing paperwork helps preserve defenses.
DUI charges in Philadelphia
A Philadelphia DUI lawyer helps clients facing driving under the influence allegations based on alcohol, controlled substances, or both. The Commonwealth’s case may rely on observations, field sobriety testing, breath testing, or blood testing.
Grading and penalties can depend on blood alcohol concentration or drug evidence, accident involvement, refusal issues, and prior offenses. Collateral consequences for your license can move on a different track from the criminal listing.
Defense issues worth examining early
Key questions often include whether the stop was lawful, whether testing procedures were followed, and whether the evidence actually proves impairment or a prohibited level. Video, calibration or lab records, and medical explanations can all matter.
If you have a DUI listing coming up, contact the firm promptly so counsel can review the citation, complaint, and testing documents before critical deadlines pass.
Common questions
What is ARD for a DUI?
ARD (Accelerated Rehabilitative Disposition) is a pretrial program available in many first-offense DUI cases. Completing it leads to dismissal of the charge, and the record can then be expunged. The district attorney decides whether to offer it.
What happens if I refused a breath or blood test?
Refusing chemical testing after a DUI arrest usually leads to a separate PennDOT license suspension, typically 12 months for a first refusal. That suspension can apply even if the criminal case is dismissed.
Will I lose my license for a first DUI?
It depends on the tier and your record. A first offense at the general impairment level generally carries no license suspension. First offenses at the high or highest rate generally carry a 12-month suspension, and an ignition interlock license may be available during part of it.
Talk to the attorney about your case
Consultations with Jonathan R. Altschuler are confidential. Call the office or send a short request online.
This page provides general information about Pennsylvania criminal practice and is not legal advice. Every case is different. Contact a licensed attorney about your situation.