Philadelphia Criminal DUI Lawyer
“Top Rated Criminal Defense Attorney in Philadelphia” (2015-2022)
DUI & DWI Law in Pennsylvania
Page last updated: November 16, 2021
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.
DUI cases accepted in Philadelphia, Delaware County, Chester County, Montgomery County & Scranton/Lackawanna County. FREE CONSULTATIONS (215) 564-0644
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, attorney David Nenner has 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. Mr. Nenner understands 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.
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Call us today to schedule a free and confidential consultation to discuss your case: (215) 564-0644.
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Mr. Nenner presented evidence that to show that the traffic stop was a pretextual stop. The officer had no reason to pull the car over. The judge agreed and suppressed the evidence. As a result, the prosecution withdrew the charges.
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