Philly criminal defense lawyers

DUI & DWI

 

DUI & DWI Defined in Pennsylvania

In Pennsylvania, an arrest for drunk driving is called a DUI and in New Jersey, it’s called a DWI.  Most people are aware of the criminal liabilities involved with the arrest and conviction for a DUI, such as a short period of incarceration, large fines, alcohol safe driving classes, etc.  However, most people are much less familiar with the administrative implications associated with a DUI/DWI arrest. In the latter proceedings, the Department of Motor Vehicle or PennDOT pursue a suspension or revocation of the defendant’s driver’s license for a minimum of a year.

Administrative Consequences of a DUI/DWI in Pennsylvania

After an individual has been convicted of a DUI in Pennsylvania, the Department of Motor Vehicles will automatically suspend the defendant’s license. In some cases, revocation is justified under the theory of “Implied Consent.” In Pennsylvania, any licensed operator of a motor vehicle is deemed to have given implied consent to submit to a chemical test where the officer has probable cause to believe the individual was intoxicated while operating the vehicle. If the driver refuses to submit to the test, his license will be revoked for 1 year and he will spend a mandatory 3 days in jail for a first conviction.  The sentences get stiffer if convicted of subsequent DUIs.

Following the arrest for a DUI refusal, the defendant has 10 days to request a hearing challenging the suspension. As an important opportunity in the administrative process, the attorneys at Nenner & Namerow, P.C. have substantial experience challenging revocations so that our clients’ mobility is not impaired. Many of our clients are employed in professions that require a license, such that revocation will likely result in termination of their employment.

Criminal Consequences of a DUI/DWI in Pennsylvania

The penalties imposed for a DUI conviction vary depending on the individual’s Blood Alcohol Level (BAC) and the number of times they have previously been convicted for a DUI.

The chart below outlines the different categories and corresponding punishments.

Philadelphia PA Criminal Defense Lawyers Who Handle DUI & DWI Cases

Collectively, these charges and consequences consist of complex legal issues and procedures that must be addressed by a skilled and experienced lawyer. The attorneys at Nenner & Namerow, P.C. understand the criminal and administrative implications of a DUI charge and the best approach for a successful defense. Many constitutional issues often arise that may serve to defeat a case, such as whether the police made an illegal traffic stop or violated your rights. Technical problems with the administration of blood, breath, or urine testing may also raise doubt over the accuracy of the prosecution’s case. Our attorneys have extensive experience analyzing the constitutional aspects of DUI/DWI cases and dissecting the nuances of the evidence to present a comprehensive defense for our clients. Our aggressive approach and legal expertise ensure that your interests are represented every step of the way.

.08%-.099% BAC
.1% -.159% BAC
.16%+ BAC or Drugs
First Offense
  • 6 months maximum probation
  • $300 fine
  • Attend Alcohol Highway Safety School
  • Comply with the Drug and Alcohol Treatment requirements
  • Mandatory 48 hours incarceration with possibility of up to 6 months
  • $500-$5,000 fine
  • Attend Alcohol Highway Safety School
  • License revoked for 1 year
  • Full Drug and Alcohol Assessment
  • Mandatory 72 hours incarceration with possibility of up to 6 months
  • $1,000-$5,000 fine
  • Attend Alcohol Highway Safety School
  • License revoked for 1 year
  • Full Drug and Alcohol Assessment
Second Offense
  • Mandatory 5 days incarceration with possibility of up to 60 days
  • $300-$2,500 fine
  • Attend Alcohol Highway Safety School
  • License revoked for 1 year
  • Ignition Interlock system in car for 1 year
  • Full Drug and Alcohol Assessment
  • Mandatory 30 days incarceration with possibility of up to 6 months
  • $750-$5,000 fine
  • Attend Alcohol Highway Safety School
  • License revoked for 1 year
  • Ignition Interlock system in car for 1 year
  • Full Drug and Alcohol Assessment
  • Mandatory 90 days incarceration with possibility of up to 6 months
  • $15,000-$10,000 fine
  • Attend Alcohol Highway Safety School
  • License revoked for 18 months
  • Ignition Interlock system in car for 1 year
  • Full Drug and Alcohol Assessment
Third Offense
  • Mandatory 10 days incarceration with possibility of up to 2 years
  • $500-$5,000 fine
  • License revoked for 1 year
  • Ignition Interlock system in car for 1 year
  • Full Drug and Alcohol Assessment
  • Mandatory 90 days incarceration with possibility of up to 5 years
  • $1,500-$10,000 fine
  • License revoked for 18 months
  • Ignition Interlock system in car for 1 year
  • Full Drug and Alcohol Assessment
  • Mandatory 1 year incarceration with possibility of up to 5 years
  • $2,500-$10,000 fine
  • License revoked for 18 months
  • Ignition Interlock system in car for 1 year
  • Full Drug and Alcohol Assessment
Fourth & Subsequent Offense
  • 1 year incarceration
  • $1,500 – $10,000 fine
  • 18 month license suspension
  • Mandatory 1 year Ignition Interlock
  • Mandatory Drug & Alcohol Treatment

Call us today to schedule a free and confidential consultation to discuss your case: (215) 564-0644.