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DUI Lawyer in Pennsylvania

Build a Strong Defense with a DUI Lawyer at Kitay Law Offices

Are you looking for an experienced DUI lawyer? If you were arrested for Driving Under the Influence (“DUI”), you should speak with a DUI lawyer right away. The attorneys at Kitay Law Offices have defended DUI charges for over 25 years and we are ready to help you.

Pennsylvania DUI Laws

Understanding Pennsylvania DUI law is important for your DUI defense in court. For that matter, this is something your DUI Lawyer in Pennsylvania already knows well. The police enforce DUI laws in Pennsylvania to stop motorists from driving while under the influence of drugs or alcohol. Ultimately, a driver with a Blood Alcohol Concentration (BAC) of .08% or higher may get a DUI charge.

Further, PennDOT has created a useful quick-reference chart that will help you estimate when you may be at risk for a DUI charge if you get pulled over. Remember, the police check for DUI at every traffic stop. So, if you have been charged with a DUI, contact the experienced DUI lawyers in Pennsylvania at Kitay Law Offices. Call us at 888-KITAYLAW or contact us online. We are ready to defend your rights.

Legal Alcohol Limit in Pennsylvania

The legal alcohol limit in Pennsylvania is less than .08%. If you are caught driving with a Blood Alcohol Concentration (BAC) of .08% or higher, then you may be arrested for DUI. Specifically, following DUI penalties may apply if you exceed the legal alcohol limit:

  • 0.08-0.09% BAC: About $300 in fines and probation for up to 6 months. In addition, you may be ordered to attend alcohol safety school.
  • 0.10-0.159% BAC: Fines of $500 to $5,000, driver’s license suspension for 12 months, and no less than 48 hours and up to 6 months in jail. Again, you may also have to attend alcohol safety school.
  • 0.16% BAC and up: Fines of $1,000 to $5,000, driver’s license suspension for 12 months, and minimum 72 hours to maximum 6 months in jail.  Further, alcohol safety school also applies.

Note: The fines listed above do not include court fees and other charges. Thus, you should always speak with a DUI Lawyer in Pennsylvania to confirm the details of your specific situation.

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Increased Penalties for Prior DUI Offenses

Pennsylvania law provides more severe penalties if you have prior DUI convictions and you then get a new one. This is in addition to the stiff penalties you can get for your first DUI offense.

If you have one prior conviction for DUI and then get a new one for 0.08-0.09% BAC, the additional penalties may include:

  • 12-month driver’s license suspension
  • Between 5 days and 6 months of jail time
  • Fine between $300 and $2,500
  • Alcohol highway safety school
  • Treatment
  • 1-year ignition interlock

Importantly, the additional penalties listed above are only for one prior DUI conviction where the new charge is for the lowest level of DUI. The increased penalties get even more severe if you have more prior DUIs or your new conviction is for a higher level of DUI. Therefore, it is even more important to speak with an experienced DUI lawyer in Pennsylvania as soon as possible after you are arrested. Contact Kitay Law Offices online or at 888-KITAYLAW. We are ready to help.

Jail Time for DUI Charges

Jail time is not one of the suggested penalties for a first offense DUI in Pennsylvania. However, you can get jail time if the following additional circumstances apply:

Breathalyzer Tests Are The Law

Breathalyzer tests are law in the state of Pennsylvania. If the police suspect you are under the influence of alcohol, the law requires them to issue a breathalyzer test. Additionally, drivers license suspension is possible and the penalties are severe if you refuse to take the test. In fact, your refusal to take a breathalyzer or BAC test is effectively the same as failing the test!

Penalties for refusing a breathalyzer test were increased in 2018. In fact, you can read the actual text of the law (Senate Bill 553 of 2017) online. So, make sure you contact an experienced DUI lawyer in Pennsylvania as soon as possible. Kitay Law Offices is ready to protect you, so contact us online or at 888-KITAYLAW.

Why Should I Hire a DUI Lawyer in Pennsylvania?

You should hire a DUI lawyer to fight your case immediately after being arrested. This is because the clock starts ticking right away, and you cannot afford to make any mistakes. Furthermore, you may have a chance to have your charges dropped! This only applies in some circumstances, however.

Injured by a drunk driver?

Get a personal injury lawsuit consultation: Pennsylvania Drunk Driving Accident Lawyer

Your DUI Lawyer Can Sometimes Get Your Charges Dropped

You may be wondering if you can get your DUI charges dropped in Pennsylvania. In short, yes – you can get your charges dropped for a DUI in Pennsylvania. However, getting a DUI reduced to reckless driving or dismissed entirely requires a strong defense from an experienced DUI Lawyer in Pennsylvania. Furthermore, drivers charged with a first offense DUI have a better chance of getting their charges dropped than repeat offenders.

DUI Lawyers in PA

First Offense DUI May Qualify for Deferred Verdict & Probation

If this is your first offense DUI, you may be eligible for a deferred verdict and probation. A deferred verdict and probation means your DUI offense may be removed from your permanent criminal record. However, you must make it through probation without getting into trouble. Additionally, you will need to speak with a DUI Lawyer in Pennsylvania to determine if you qualify.

A first-time DUI offender may qualify for Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program.

ARD is a special pre-trial intervention program for non-violent offenders with no prior record or a limited record. The purpose of ARD is to help prevent future behavior that may lead to another DUI.

About 90% of the people accepted into the ARD program have a DUI charge. If a person with a DUI charge can complete the ARD program requirements, he or she will be eligible to have the DUI offense wiped clean from their record.

For example, the ARD program may include the following:

  • 6 to 12-months of probation under supervision
  • Attend mandatory Highway Safety classes
  • Loss of license for a time period depending on the BAC
  • Complete a substance abuse treatment program
  • Ordered to do community service
  • ARD program cost is typically $1,500 to $2,000

After successfully completing the ARD program, you can file a petition to the court to have the charges dismissed and the case expunged. Your DUI lawyer in Pennsylvania can provide you with more information about the ARD program in Pennsylvania.

Getting Started with a DUI Lawyer in Pennsylvania

DUI convictions can have severe consequences for the rest of your life. Therefore, the criminal defense attorneys at Kitay Law Offices will build a defense to get the most favorable outcome possible. We will uncover the facts surrounding your case and provide a strong defense. We have been defending DUI charges for over 25 years. Therefore, get in touch with an experienced DUI lawyer in Pennsylvania at Kitay Law Offices by calling 888-KITAYLAW. In addition, you can contact us online.

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Frequently Asked Questions

Get answers to your questions about DUI law.

If I get a DUI, will I have to go to jail?

It depends on the level of alcohol in your system, whether you have any other illegal substances in your system, and how many prior DUIs you have, if any. If this is your first DUI, the ARD program may be available to you. However, you should speak with a DUI Lawyer in Pennsylvania to confirm for sure. Specifically, your lawyer may have strong arguments to show that the traffic stop was illegal and that evidence against you should be suppressed.

The DUI lawyers at Kitay Law Offices are ready to help. We can help you determine the best way to proceed, explain whether you qualify for the ARD program, and help you complete the application should you desire to apply. Likewise, your DUI lawyer can help you file any necessary motions to suppress the evidence obtained as a result of an illegal stop or search.

What can prevent you from being eligible for ARD?

A driver with a DUI charge will not be eligible for ARD if, for example:

  • The driver has a prior criminal conviction
  • A crash occurred with a serious injury or death
  • A minor was in the car under the age of 14 at the time of arrest
  • The driver does not have car insurance

What are the license suspension details with the ARD program?

A license suspension for a person participating in the ARD program depends on their BAC level at the time of the arrest.  Generally, the following applies:

  • No suspension for BAC less than .10
  • 30 day suspension for BAC between .10 and .16
  • 60 day suspension for BAC over .16 or if other illegal drugs are involved

What tests do police give when making a DUI stop?

When you are pulled over by the police, they may suspect that you are intoxicated. If this is the case, they may give you tests to perform. These tests are called “field sobriety tests.” The point of these field sobriety tests is to help the police determine whether you really were driving under the influence of alcohol, or some other substance. Field sobriety tests can come in many forms.  Here are a few examples:

  • Officers look for three indicators of impairment in each eye: inability to follow a moving object smoothly; eye jerking while looking in one direction without moving the head, and eye-jerking within 45 degrees of center.
  • Take nine steps, heel-to-toe, along a straight line. Then, turn on one foot and return in the same manner in the opposite direction without falling or loosing balance.
  • Stand with one foot about six inches off the ground and count for 30 seconds. Swaying and losing balance, using arms to balance, hopping, or putting the foot down are signs of being under the influence.

Suspects who fail the field sobriety tests must normally take a breathalyzer test. Your DUI lawyer in Pennsylvania will need to review the facts after your arrest in order to build a strong defense. For help, call Kitay Law Offices at 888-KITAYLAW or contact us through our website.

How can I help prevent DUIs?

Fortunately, there is a lot you can do to help prevent DUIs from occurring in our community. First and foremost, using good common sense is our first line of defense. In other words, if you drink, don’t drive. If you do choose to drink, make sure you have a designated driver. Finally, if you are unable to bring a designated driver with you, call for a ride. Many services are available, such as taxis, Uber, Lyft, and others.

In addition, you can get involved in various organizations that help raise awareness for the dangers of drunk driving. Here are a few of them:

  • Mothers Against Drunk Driving (MADD): Their mission is to end drunk driving, support victims of DUIs, and help to prevent underage drinking.
  • Teens Against Drunk Driving (TADD): This group aims to end drunk driving among teens throughout the United States. To further their goals, they have merged with Americans United Against Destructive Driving (AUADD).
  • Pennsylvania DUI Association (Team DUI): They are working to end drunk driving in Pennsylvania by providing information, support, and training to safety professionals.

Thomas J. Pivnicny, Attorney at Kitay Law Offices

This Page Was Reviewed By:

Thomas J. Pivnicny, Esq.

Thomas is a partner and managing attorney at Kitay Law Offices. Since joining the firm in 2012, Thomas has helped thousands of clients through difficult situations. He has obtained millions of dollars in compensation for his clients from employers, insurance carriers, and other responsible parties. Dedicated to helping everyday people obtain justice, Thomas is constantly learning and growing to ensure his clients achieve the best possible outcome. Contact Thomas and Kitay Law Offices today at 888-KITAYLAW

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