Pennsylvania DUI/DWI Lawyers Serving Chester, Montgomery And Delaware Counties

What’s At Stake After A DUI?

Pennsylvania takes a staggered approach when it comes to penalizing people who drive under the influence of alcohol or drugs (DUI). No matter the level of your charge, Bellwoar Kelly, LLP, will work with you so that you understand exactly what you face and what your legal options are.

There are three DUI levels that are based on blood alcohol content (BAC).

• General impairment: The first level applies to those who have a BAC level from .08 to .099 percent. A first-time conviction is considered a misdemeanor and penalties include up to six months of probation and a $300 fine.
• High BAC: The second level applies to drivers who have a BAC level from .1 to .159 percent. Penalties include a prison term ranging from 48 hours to six months. Fines range between $500 and $5,000, and there is a mandatory 12-month license suspension.
• Highest BAC: The final level applies to those with a BAC of .16 percent or higher. A conviction carries a prison sentence of at least 72 hours, but the term could be as high as six months. Fines range from $1,000 to $5,000. Those convicted will have their driver’s license suspended for at least 12 months.

It’s also important to be aware of other less obvious consequences of drunk driving. Here are some examples:

• For commercial driver’s license holders, a conviction could threaten their livelihood.
• Sometimes those convicted of DUI suffer a diminished professional reputation.
• Auto insurance prices will increase.

After a DUI in Reading, Pennsylvania, get in touch with our West Chester office by calling 610-314-7066.

Understanding DUI Laws In Pennsylvania

Pennsylvania laws prohibit driving with a blood alcohol concentration (BAC) of .08% or higher. For commercial drivers, the limit is .04%, and for drivers under 21, it is .02%. The state enforces a tiered DUI penalty system, with penalties increasing based on BAC levels, prior offenses and accidents, or injuries.

• General impairment (.08% – .099% BAC): Lowest tier penalties, but still serious
• High BAC (.10% – .159%): Stricter penalties, including mandatory jail time
• Highest BAC (0.16% and above): Most severe penalties, especially if drugs are involved

Pennsylvania also enforces implied consent laws. Drivers who refuse a breath or blood test may face automatic license suspension and enhanced penalties upon a DUI conviction. The consequences can impact your personal and professional life, including:

• Criminal charges on your record
• Driver’s license suspension or revocation
• Expensive fines and court fees
• Possible jail time or probation
• Increased auto insurance rates
• Difficulty finding or keeping a job, especially for commercial drivers

If you are arrested for DUI, our West Chester defense lawyers can help you protect your rights.

The Role Of A DUI Attorney

If you are arrested for DUI, hiring an experienced attorney can impact your case’s outcome. A DUI attorney will:

• Review the details of the arrest and evidence
• Identify possible legal defenses
• Negotiate for reduced charges or alternative sentencing
• Represent you in court and DMV hearings
• Challenge the legality of traffic stops or breathalyzer results

DUI cases are complex and without legal representation, you risk harsher penalties. Prosecutors aggressively pursue DUI convictions, making it critical to have an attorney who understands Pennsylvania’s laws, legal procedures and potential defense strategies.

Penalties For DUI In Pennsylvania

The penalties for a DUI conviction depend on BAC level and prior offenses. Under the Pennsylvania three-tier system, potential penalties include:

Fines and fees:

• First offense: $300 to $5,000, depending on BAC level
• Second offense: $500 to $10,000
• Third offense or more: $1,000 to $10,000

License suspension or revocation:

• First offense: 12-month suspension for high BAC or drug-related DUIs
• Second offense: 12-month suspension
• Third offense or more: 18-month suspension

Jail time and probation:

• First offense: Probation or up to six months in jail
• Second offense: Five days to six months in jail
• Third offense or more: 10 days to five years in prison

A DUI conviction can cause insurance premiums to skyrocket or even lead to policy cancellation. Additionally, repeat offenders may require an ignition interlock device (IID).

Defending Against DUI Charges

A strong defense strategy can help reduce or dismiss DUI charges. Some of the common defense strategies include:

• Challenging the traffic stop: If the officer lacked probable cause, the arrest may be invalid.
• Questioning the breathalyzer tests: Faulty equipment or improper calibration can produce inaccurate BAC readings.
• Medical conditions: Certain conditions like diabetes and acid reflux can affect breath test results.
• Lack of evidence: If the prosecution lacks strong evidence, charges may be reduced or dismissed.

When challenging DUI evidence, a DUI attorney will examine:

• Police bodycam footage and reports
• Field sobriety test procedures
• Breathalyzer maintenance records
• Witness statements and dashcam footage

Taking immediate legal action is crucial. Delaying legal representation can limit defense options, making it harder to challenge evidence or negotiate lesser penalties.

What To Expect During The DUI Legal Process

The following are the standard steps in a DUI case

• Arrest and booking: Police process the defendant and conduct BAC tests.
• Arraignment: The first court appearance where charges are read and a plea is entered.
• Pretrial motions: Attorneys may file motions to suppress evidence or dismiss charges.
• Negotiations and plea bargains: Prosecutors may offer reduced charges in exchange for a guilty plea.
• Trial (if necessary): The case goes to court if a plea deal is not reached.

If convicted, the judge imposes penalties. With court appearances and hearings, there will be:

• Preliminary hearing: Determines if there is enough evidence to proceed.
• Formal arraignment: Officially enters the plea.
• Trial (if applicable): Evidence is presented before a judge or jury.

The potential outcome may be:

• Dismissal: Case dropped due to insufficient evidence.
• Reduced charges: Plea deals may result in a lesser offense, like reckless driving.
• Conviction: Leads to fines, jail time or probation.

Seeking legal representation as soon as possible after an arrest is the best way to protect your rights and future.

Other Impaired Driving Crimes

Sometimes in tragic car accidents, people die. When police suspect that alcohol was a contributing factor, the driver suspected of driving while intoxicated may be charged with vehicular homicide via DUI.

If a person is seriously injured, prosecutors may bring aggravated assault charges. These are felony-level offenses that carry significant penalties. It’s important to call Bellwoar Kelly, LLP, if you are facing these charges.

DUI/DWI Lawyers Serving Chester County

If you are facing a DUI/DWI charge in Chester County, Bellwoar Kelly, LLP, is here to help. With offices conveniently located in West Chester and Kennett Square, we are deeply familiar with the local court systems and legal professionals. Chester County’s growing population and expanding roadways mean law enforcement is particularly vigilant when it comes to impaired driving. Here are some ways we can assist clients in Chester County:

• Exploring eligibility for the Accelerated Rehabilitative Disposition (ARD) program.
• Challenging the accuracy of breathalyzer and BAC tests.
• Negotiating for reduced penalties or alternative sentencing options.

Whether your case involves a first-time offense, a high BAC level or aggravated circumstances, our attorneys have the experience to craft a robust defense tailored to your unique situation. Let our local knowledge guide you through this challenging time.

DUI/DWI Lawyers Serving Montgomery County

Montgomery County residents can rely on the experienced team at Bellwoar Kelly, LLP, to provide skilled legal representation for DUI/DWI cases. With our office in Pottstown, we are well-equipped to serve the needs of clients throughout the county. Whether you’re dealing with a first-time DUI or a more serious charge involving injury or property damage, our Montgomery County DUI/DWI lawyers are prepared to develop a tailored legal strategy to achieve the best possible outcome for your case. Trust us to fight for your rights every step of the way.

DUI/DWI Lawyers Serving Delaware County

If you’ve been charged with a DUI/DWI in Delaware County, Bellwoar Kelly, LLP, is ready to assist you from our office in Media, Pennsylvania. Delaware County’s proximity to major highways and its vibrant nightlife make it a hotspot for DUI arrests. Our attorneys understand the unique challenges of defending DUI cases in this region, from addressing mandatory license suspensions to reducing potential fines and jail time. We’ll thoroughly examine the circumstances of your arrest, including the accuracy of field sobriety tests and the conduct of law enforcement officers. For eligible clients, we’ll also explore alternatives such as treatment court or expungement options to help you move forward.

Bellwoar Kelly, LLP

Here are some other ways our attorneys can help in regard to DUI offenses:

• Appealing your driver’s license suspension: When your driver’s license is suspended because of a DUI conviction, you still have options.
• Clearing a DWI from your record: You may have options through the Pennsylvania expungement system. We can go over your needs during your free initial consultation.

To get started on your defense, spend some time with a lawyer from Bellwoar Kelly, LLP. Call 610-314-7066.