DUI Charges In Pennsylvania (Driving Under The Influence)

CRIMINAL DEFENSE LAWYER
what do i do if i get a dui in pennsylvania

DUI Attorney in Philadelphia & Surrounding Counties

Defending DUI Charges in Philadelphia, Montgomery, Delaware, Bucks, and Chester County, Pennsylvania

HOW TO HANDLE DUI/DWI CHARGES IN PENNSYLVANIA

PHILADELPHIA   |   DELAWARE COUNTY   |   MONTGOMERY COUNTY   |   BUCKS COUNTY   |   CHESTER COUNTY

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.


Pennsylvania DUI Law Overview

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.


DUI Penalties in Philadelphia & the Five-County Region

While DUI law is statewide, how cases are handled can vary by county.

Philadelphia County DUI Defense

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 DUI Charges

Montgomery County is known for structured sentencing and careful review of prior records. ARD eligibility is often heavily scrutinized.

Delaware County DUI Arrests

Delaware County may aggressively prosecute high-BAC and drug DUIs. Litigation around probable cause and testing procedures is common.

Bucks County DUI Defense

Bucks County courts frequently focus on procedural compliance in traffic stops and chemical testing.

Chester County DUI Cases

Chester County prosecutes repeat offenders aggressively. Early negotiation and strategic motion practice matter.


First Offense DUI in Pennsylvania

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.


Second & Third DUI Offenses

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.


Driver’s License Suspension & PennDOT Issues

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.


DUI Involving Drugs (DUID)

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.


Possible DUI Defenses

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.


Why Hire a Local DUI Defense Attorney?

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.


Frequently Asked Questions About DUI in Pennsylvania

How long does a DUI stay on my record in PA?

A conviction remains on your criminal record permanently unless expunged through ARD eligibility.

Can I get my DUI dismissed?

Yes, depending on constitutional violations, suppression motions, or evidentiary flaws.

Will I go to jail for a first DUI in Pennsylvania?

Not always. Jail depends on BAC level and prior history.

How much does a DUI cost in Pennsylvania?

Between fines, court costs, insurance increases, license restoration fees, and attorney fees, the financial impact can be significant.


Charged With DUI in Philadelphia or Surrounding Counties?

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.

first time offender dui pennsylvania

Most Common Case Types

Click below for information on specific charges.
WORDS FROM SATISFIED CLIENTS

READ OUR REVIEWS

Posted on Google Google
Paul Pennington profile picture
Paul Pennington
March 22, 2021
Google star 1Google star 2Google star 3Google star 4Google star 5
When I moved back home to Pennsylvania from California, I went to Stephen for guidance on the cannabis laws in PA. Coming from a state where it's almost completely decriminalized, I wanted to make sure I followed all of the rules for my medicinal use. Stephen answered all of my questions and even called me back with the answer to one question he needed to double-check. I would definitely recommend him.
Posted on Google Google
Josh Savakinus profile picture
Josh Savakinus
August 16, 2024
Google star 1Google star 2Google star 3Google star 4Google star 5
Stephen was a class act. Handled an issue of mine from beginning to end and felt confident the whole time we were in good hands. Would recommend to anyone looking for an attorney. Thank you again
Posted on Google Google
Steven Waller profile picture
Steven Waller
March 23, 2021
Google star 1Google star 2Google star 3Google star 4Google star 5
Stephen Stewart is my go-to lawyer for anything related to Second Amendment rights and LTCF in Philly and PA. I have gone to him a few times over the years to get clarity on questions and to make sure I didn’t end up getting arrested for anything! He knows all the laws and rules for private transfers and FFL. He takes calls on weekends and in the evening.
Posted on Google Google
Amber Wright profile picture
Amber Wright
March 25, 2021
Google star 1Google star 2Google star 3Google star 4Google star 5
Stephen proved himself to be invaluable in my severance negotiations. He handled things swiftly in a time sensitive matter by making himself available for me when it worked for me, which I didn't expect. He was so knowledgeable in answering questions I had, and thought of so many things I hadn't! Stephen helped me with drafting language in negotiation and reviewing a ton of paperwork. Beyond just doing his job well, Stephen is empathetic and patient. I do not think I would have had a satisfactory outcome without him, and I am so grateful. I would recommend him to anyone who needs help with employment law!
Posted on Google Google
Newlin Marshall profile picture
Newlin Marshall
August 21, 2023
Google star 1Google star 2Google star 3Google star 4Google star 5
Stephen Stewart is a lawyer who leaves no stone unturned. If you want a competent lawyer who will fight to the bitter end for you select his law firm
Posted on Google Google
nana bucaros profile picture
nana bucaros
June 7, 2021
Google star 1Google star 2Google star 3Google star 4Google star 5
Stephen is very assertive with his advice and knowledge, a great gentelman; is advice gave me confidence making the right choice.
Posted on Google Google
Lanea Hicks profile picture
Lanea Hicks
July 31, 2022
Google star 1Google star 2Google star 3Google star 4Google star 5
Last September 2021 my sister contacted Mr. Stewart’s office and within hours he was personally returning our phone call. From that initial conversation I knew he was the one that could help my husband fight this case! We were right! These pass 8 months Mr. Stewart was nothing short of AMAZING! He was always very professional, honest, respectable, well organized, knowledgeable, clean, very informative, and what I liked the most about him very straightforward. He never kept you in the dark or trying to guess the next steps. Weather it was good or bad news he was always honest and told you upfront. No matter how busy he may have gotten, we NEVER felt like my husband’s case was less important or he just simply didn’t care. We can not thank Mr. Stewart enough for his hard work, dedication, and fight he put up for my husband’s case, without him I know we wouldn’t have gotten through this successfully as we did! So if you are trying to find a GREAT Criminal Defensive lawyer, you found your GUY!
Posted on Google Google
Dan Clymer profile picture
Dan Clymer
July 16, 2021
Google star 1Google star 2Google star 3Google star 4Google star 5
Hands down the best experience and most knowledgeable attorney I have worked with and I have had a few.
Posted on Google Google
Sarah Rios profile picture
Sarah Rios
July 8, 2021
Google star 1Google star 2Google star 3Google star 4Google star 5
My experience working with attorney Stephen Stewart is one I won’t forget.. I am so grateful for his dedication and professionalism..He had patience and answered all my questions and always responded quickly..I have hired lawyers before, but Mr.Stewart is truly the best I ever worked with..I would recommend him to all..Thank you so much Mr. Stewart!
Posted on Google Google
Robin Ndiaye profile picture
Robin Ndiaye
September 26, 2022
Google star 1Google star 2Google star 3Google star 4Google star 5
Stephen Stewart's Law firm is the absolute best! He was patient, thorough, knowledgeable, professional and trustworthy. He has his clients best interest in mind. I felt like he was a family member because he made us feel that way, which helped us emotionally. Always available to answer any questions or concerns. I would give him 10 stars if I could!