Ciccarelli Lawyers are experienced DUI Lawyers serving Delaware County and the Delco communities of Media, Wayne, Villanova, St. David’s, Rosemont, Bryn Mawr, Narberth, Ardmore, Springfield, Wallingford, Rose Valley, Swarthmore, Springfield, Clifton Heights, Radnor, Havertown, Upper Darby, Brookhaven, Boothwyn, Aston, Glen Mills, Marcus Hook, Sharon Hill, Newtown Square, Broomall, Clifton Heights, Folcroft, Lansdowne, Collingdale, Yeadon, Concordville and Chester. Our Delaware County DUI Attorneys defend DUI arrest, Drunk Driving, DUI-DUS, DUI license suspensions, DUI aggravated assault and DUI – vehicular homicide crimes. Disclaimer. Ciccarelli Law Offices.
Elements of a DUI – DUI Arrests – Three Tiers – Field Sobriety Tests – Chemical Testing – Facts on Refusal – Sobriety Checkpoints - DUI Punishment - Fighting the DUI – Enhanced Penalties – ARD Option - Alternatives – Legal Challenges – Penndot Issues – Ignition Interlock – Best Defense
Delaware County DUI Punishment – Newtown Square DUI Punishment | Wayne DUI Punishment | Different Types of Driving While Intoxicated Offenses in Pennsylvania – DUI by Minor
DUI Punishment in Delaware County Pennsylvania
Below is a listing of many of the statutory provisions facing someone charged with a DUI related offense.
(75 Pa.C.S. Section 3802) (a) - General Impairment - (1) An individual may not 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 vehicle; (2) An individual may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .08% but less than .10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle. (75 Pa.C.S. Section 3802) (b) - High Rate of Alcohol - An individual may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .10% but less than .15% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.
(75 Pa.C.S. Section 3802) (c) - Highest Rate of Alcohol - An individual may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle. (75 Pa.C.S. Section 3802) (d) - Controlled substances - An individual may not be in actual physical control of the movement of a vehicle under any of the following circumstances: (1) there is in the individual's blood any amount of a (i) Schedule I controlled substance, as defined in the Controlled Substance, Drug, Devise and Cosmetic Act or (ii) Schedule II or Schedule III controlled substance, as defined in the Controlled Substance, Drug, Devise and Cosmetic Act which has not been medically prescribed for the individual or (iii) metabolite of a substance under paragraph (i) or (ii). (75 Pa.C.S. Section 3802) (e) - Minors - A minor (an individual under 21 years of age) may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is .02% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle. Refusal of Breath, Blood or Urine Test - If you refused to take a breath, blood or urine test after being arrested for DUI in Pennsylvania, your license will be suspended for a period of not less than 1 year and a 3 days mandatory incarceration. A person should take immediate action if chemical tests were refused. The arresting officer must forward Notice of Refusal (DL-26 Form), to inform Pennsylvania Department of Transportation (PennDOT) of driver's refusal. Once received, PennDOT forwards order to driver that licence shall be suspended in 30 days from the date of correspondence. Driver has 30 days from correspondence date to appeal in a civil proceeding.
If you're like many drivers arrested for Delaware County DUI, you may be tempted to plead guilty just to put the experience behind you. That's completely understandable, but you should know that there may be excellent reasons to fight your case. To learn more about aggressive defenses to DUI charges, please contact the Delaware County DUI attorneys at Ciccarelli Law Offices call today at (877) 842-1529 for a free consultation.
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Delaware County PA Locations Springfield/Media Radnor/Wayne PA