If you have been arrested for Driving Under the Influence (DUI) in Pennsylvania, what you do next matters. A DUI conviction can mean jail time, license suspension, steep fines, skyrocketing insurance rates, and a permanent criminal record.
At Stephen Stewart Law, we defend individuals charged with DUI in:
Philadelphia County
Montgomery County
Delaware County
Bucks County
Chester County
Whether this is your first arrest or you have prior offenses, early legal strategy can dramatically change the outcome.
In Pennsylvania, DUI charges are graded based on:
Blood Alcohol Concentration (BAC)
Controlled substance involvement
Prior DUI convictions
Refusal of chemical testing
Injuries or accidents
Pennsylvania uses a three-tier BAC system:
| BAC Level | Charge Tier | Typical Penalties (First Offense) |
|---|---|---|
| .08% – .099% | General Impairment | Probation, fine, alcohol school |
| .10% – .159% | High Rate | Mandatory jail, license suspension |
| .16%+ | Highest Rate | Mandatory jail, license suspension |
Penalties increase substantially for second and third offenses.
While DUI law is statewide, how cases are handled can vary by county.
Philadelphia courts move quickly. Prosecutors often rely heavily on body camera footage, breath test evidence, and officer testimony. Pretrial litigation can be critical.
Montgomery County is known for structured sentencing and careful review of prior records. ARD eligibility is often heavily scrutinized.
Delaware County may aggressively prosecute high-BAC and drug DUIs. Litigation around probable cause and testing procedures is common.
Bucks County courts frequently focus on procedural compliance in traffic stops and chemical testing.
Chester County prosecutes repeat offenders aggressively. Early negotiation and strategic motion practice matter.
Many first-time offenders qualify for ARD (Accelerated Rehabilitative Disposition), which can:
Avoid jail
Shorten license suspension
Allow for expungement upon completion
However, ARD is not automatic. Eligibility can be denied based on:
Prior record
Accident with injury
High BAC
Prosecutorial discretion
A DUI attorney can present mitigation, negotiate entry, and protect long-term record expungement rights.
Repeat DUI charges carry:
Mandatory minimum jail sentences
Longer license suspensions (12–18 months)
Ignition Interlock requirements
Felony exposure (for certain repeat offenses)
A prior conviction within 10 years dramatically impacts sentencing.
A DUI arrest may trigger:
Immediate license confiscation (temporary permit issued)
License suspension (if convicted or ARD accepted)
Separate civil suspension for refusal (implied consent law)
Challenging a refusal suspension must be done quickly.
Pennsylvania DUI law also covers:
Marijuana
Prescription medication
Controlled substances
Combined alcohol and drugs
Drug DUI cases often rely on:
Blood analysis
Drug Recognition Expert (DRE) testimony
Field sobriety tests
These cases often present viable defenses when testing or interpretation is flawed.
Every case depends on facts, but defense strategies may include:
Illegal traffic stop
Lack of probable cause
Improper field sobriety testing
Faulty breath testing device calibration
Chain of custody errors in blood testing
Medical conditions affecting BAC results
Violation of constitutional rights
Early investigation can preserve surveillance footage and dashcam evidence that may otherwise be lost.
Handling DUI cases in Philadelphia, Montgomery, Delaware, Bucks, and Chester Counties requires familiarity with:
Local judges
Assistant district attorneys
ARD policies
Court scheduling procedures
Plea negotiation norms
An attorney who regularly appears in these counties understands procedural nuances that can influence case outcomes.
A conviction remains on your criminal record permanently unless expunged through ARD eligibility.
Yes, depending on constitutional violations, suppression motions, or evidentiary flaws.
Not always. Jail depends on BAC level and prior history.
Between fines, court costs, insurance increases, license restoration fees, and attorney fees, the financial impact can be significant.
If you were arrested for DUI in:
Philadelphia
Montgomery County
Delaware County
Bucks County
Chester County
You should speak with a defense attorney immediately.
Early representation can:
Protect your license
Preserve defenses
Evaluate ARD eligibility
Minimize penalties
Strategically challenge evidence
What should I do if my loved one or I am charged with a DUI or a second DUI in Pennsylvania? If you or your loved one has been accused of a DUI and you would like to get out ahead of it, call 215-650-6500 to discuss your options or get a second opinion from attorney Stephen Stewart. Prosecutors and judges are often bound by the mandatory minimum sentences in the DUI laws. You need to make sure you explore all available options.
What are the possible sentences if convicted of DUI in Pennsylvania? The penalties are wide-ranging because there are so many different factors under the DUI laws in Pennsylvania. However, some Tier 2 and Tier 3 DUIs can carry mandatory jail time even for a first offense. Second and third offenses involving drugs can require county jail time or state prison sentences. Call attorney Stephen Stewart at 215-650-6500 to discuss your particular situation.
What if my loved one or I already have an attorney? If you or your loved one has already had a court date in a DUI case, a public defender, a court-appointed attorney, or another privately retained attorney may be on the case. Attorney Stephen Stewart can offer a second opinion and potentially an alternative approach to fighting the charges if you are unhappy with your current representation. Book An Appointment to discuss.
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