First-Offense DUI Lawyer in Philadelphia

Protect Your Future after a First Offense DUI

As you see flashing lights behind you, a wave of anxiety takes over. The situation escalates quickly, and before you know it, you’re being booked for Driving Under the Influence (DUI). But facing a first DUI charge in Philadelphia doesn’t mean you’re without options or hope.

At Fienman Defense, we have the skills and resources to defend first-time DUI cases effectively. We represent clients throughout Philadelphia, Bucks County, Montgomery County, Chester County, Delaware County, and beyond. Our approach leverages advanced training in field sobriety testing and DUI detection—similar to law enforcement officers’ training—to uncover weaknesses in the prosecution’s case that other attorneys may miss.

Submit the details of your DUI & we’ll explain what’s next.

First-Time DUI Charges in Philadelphia

In Pennsylvania, it is illegal to drive under the influence of alcohol or drugs if it impairs your ability to drive safely. For alcohol-related DUIs, Pennsylvania law defines impairment based on your Blood Alcohol Content (BAC):

• General Impairment (BAC .08 – .099): This can lead to probation, fines, and mandated safety programs.
• High Impairment (BAC .10 – .159): At this level, penalties increase, and a license suspension and possible jail time may apply.
• Highest Impairment (BAC .16 or more): With the highest BAC level, you face significant fines, mandatory jail time, and a lengthy license suspension.

If you are under 21, Pennsylvania has a lower BAC threshold, with a legal limit of .02. Additionally, drug-related DUIs, including prescription drugs, can result in a DUI charge if prosecutors prove the substance impaired your driving.

First Offense DUI Penalties

Penalties for a first-time DUI vary depending on your BAC level and the facts of your case. Pennsylvania’s tiered penalty system includes:

• Tier One DUI (General Impairment): Up to six months of probation, $300 fine, alcohol highway safety school, and treatment programs.
• Tier Two DUI (High Impairment): 2 days to 6 months in jail, fines up to $5,000, a one-year license suspension, ignition interlock, and treatment programs.
• Tier Three DUI (Highest Impairment): 3 days to 6 months in jail, fines up to $5,000, a one-year license suspension, ignition interlock, and treatment programs.

These penalties impact more than your freedom; they can also affect your career, finances, and personal life. Avoiding or reducing these consequences is critical, especially with a clean record on the line.

Consequences after a First DUI

A DUI conviction can leave lasting effects, even beyond the immediate penalties:

• Criminal Record: A DUI stays on your record, visible to employers and others who perform background checks.
• License Suspension: A DUI-suspended license complicates daily life, especially for work or family obligations.
• Insurance Rate Increase: Following a DUI, car insurance rates typically skyrocket.
• Career & Education Impact: Some jobs and academic programs may have policies against individuals with criminal records, limiting your eligibility.
• Financial Hardship: Beyond fines, additional costs arise from legal fees, treatment programs, and mandatory DUI-related courses.

First-Time DUIs: Aggravating Factors

Your BAC is not the only thing that could increase your penalties. Depending on your case’s facts, your first-time DUI charges could be more severe than you would think.

The following factors could result in higher penalties:

• DUI with a Young Passenger – You could be charged with child endangerment on top of your DUI charges if a minor is in the car when you’re pulled over
• Accident Causing Injury or Death – Not only will you be forced to pay restitution to the victim, but you could also face felony charges if someone dies due to a DUI.
• Commercial or School Vehicles – School bus and commercial drivers face harsher first-time offense penalties than typical drivers.

Phila. DUI Stop & Arrest Process

When police suspect you of driving under the influence, they should follow a standard process for DUI stops:

• DUI Stops: Police need reasonable suspicion to stop your vehicle. Common indicators include swerving, speeding, or driving too slowly. Without a clear reason, your attorney may challenge the legality of the stop.
• Observation & Field Sobriety Tests: Once stopped, officers look for visible signs of impairment, such as bloodshot eyes, slurred speech, or the smell of alcohol. They may ask you to perform field sobriety tests, like walking in a straight line, balancing on one leg, or following an object with your eyes. As a lawyer trained in these tests, I can identify procedural mistakes that may undermine the prosecution’s case.
• Chemical Testing: Police often require a chemical test (breath, blood, or urine) to confirm BAC. Refusing this test leads to an automatic license suspension. However, testing must occur within two hours of arrest, and errors in this process can affect the admissibility of the results.

The Dos & Don’ts of a DUI in Philly

Although you might already be charged with a DUI, there are some things you can do if you ever find yourself in this situation again. Understand what to do and what not to do at a DUI stop:

• Don’t try to talk your way out of the arrest to avoid self-incrimination
• Don’t say that you’ve been drinking
• Don’t succumb to police questioning without a lawyer
• Don’t refuse chemical testing
• Do cooperate with law enforcement
• Do exercise your right to remain silent
• Do contact a lawyer

Defending Against First-Time DUI in Philadelphia

A knowledgeable Philadelphia DUI lawyer can build a strong defense against first-time DUI charges, exploring options such as:

• Challenge the Traffic Stop: Police must have reasonable suspicion to stop you. If they did not, we may file a motion to suppress evidence obtained during the stop.
• Question DUI Test Validity: Field sobriety tests can be unreliable due to various factors, such as medical conditions or poor road conditions.
• Examine Chemical Test Accuracy: Breathalyzers and other testing methods are prone to errors. Calibration, timing, and improper handling can all lead to false results.
• Highlight Inconsistencies: Police reports often contain details that can be challenged, particularly if they contradict other evidence.

Your Options After a First-Time DUI

Depending on the circumstances of your case, the following defenses may be available:

• You Weren’t Impaired – Fatigue, allergies, or other factors could explain your red eyes or behavior.
• The Stop Was Not Legal – As stated, the officer must have reasonable suspicion to pull you over in the first place.
• The DUI Checkpoint Did Not Meet Standards – Checkpoints must be marked, and officers must follow strict guidelines when stopping and testing individuals.
• The Test Was Administered Incorrectly – Law enforcement officials should be trained to correctly test individuals suspected of impairment. They could calibrate the test wrong, which could discredit the final result.
• The Test Was Incorrect – Chemical testing is not as accurate as you think. Also, women might be disadvantaged because the test isn’t always calibrated right. This could result in an inaccurate BAC.
• The Police Report Had Inconsistencies – An attorney challenges every aspect of the report to highlight errors or contradictions that discredit it entirely.

First Offense DUI Alternatives & Exceptions

In many cases, first-time DUI offenders have access to alternatives that can reduce or even eliminate penalties:

• Alternative Rehabilitation Disposition Program (ARD): Pennsylvania’s ARD program focuses on rehabilitation over punishment. If you qualify, ARD may lead to expungement, removing the DUI from your record after ten years.
• Occupational Limited License (OLL): If your license is suspended, you may apply for an OLL after 60 days, allowing limited driving for work-related purposes.
• Financial Hardship Exemption: If required to install an ignition interlock device, you may qualify for a financial hardship exemption, reducing the cost.

At Fienman Defense, our first-time DUI lawyers can guide you through these options and increase your chances of successfully qualifying. Call (215) 839-9529 for a free and confidential DUI case evaluation.

How a First-Time DUI Lawyer Helps You

When facing a first-time DUI charge, hiring an experienced DUI lawyer can make all the difference. A skilled attorney is your strongest ally, guiding you through the legal process, protecting your rights, and working to reduce the impact of the charge on your life. Here’s how a knowledgeable DUI lawyer can assist you:

Refute the DUI Evidence

A DUI case typically relies heavily on evidence gathered during the stop, including field sobriety tests and chemical testing. A trained attorney, like Attorney Michael H. Fienman, can meticulously examine every piece of evidence, uncovering any inconsistencies, procedural violations, or errors that could weaken the prosecution’s case.

With advanced training in DUI detection and standardized field sobriety testing, Attorney Fienman can better challenge the evidence in ways other attorneys may overlook.

Negotiate for Reduced DUI Charges or Dismissal

One critical component of DUI defense is negotiating with the prosecution. There may be opportunities for first-time offenders to reduce charges or even dismiss the case under specific conditions.

An experienced attorney can advocate for alternative sentencing programs, like ARD. This option can be especially valuable for first-time offenders aiming to preserve a clean record.

Question the Details – Starting with the Stop

The legality of the traffic stop often plays a pivotal role in a DUI case. An attorney will examine every aspect of the stop, from whether there was reasonable suspicion to the accuracy of field sobriety tests.

A lawyer trained in DUI detection procedures can identify potential errors in the initial stop or arrest that could lead to a reduction or dismissal of charges.

Present Alternative DUI Sentencing Options

Jail time is not always inevitable for a first-time DUI. Pennsylvania law offers sentencing alternatives that focus on rehabilitation rather than punishment. A skilled DUI attorney will assess eligibility for options such as alcohol education programs or the ARD program, which can help you avoid incarceration, reduce fines, and, in some cases, maintain a clean record.

The Cost of Hiring a Lawyer for a First-Time DUI

The cost of hiring a DUI lawyer can vary depending on the complexity of the case, the attorney’s experience, and the specific services required. While a DUI attorney is an investment, the potential long-term costs of a DUI conviction—such as higher insurance rates, a criminal record, and lost employment opportunities—can far outweigh the initial legal fees.

Here’s why hiring a DUI lawyer like Attorney Fienman is worth it:

• Avoid Harsh Penalties: An experienced lawyer can help you avoid costly fines, jail time, and lengthy license suspensions.
• Protect Your Record: Keeping a DUI off your record can protect your career, reputation, and future opportunities.
• Reduce Financial Burdens: The consequences of a DUI conviction, like increased insurance premiums and potential job loss, can be far more expensive than legal fees.
• Save Time and Stress: A DUI lawyer handles complex legal processes, allowing you to focus on your life and future.

Why Choose Fienman Defense for a First Offense DUI?

Selecting the right DUI lawyer is a critical decision, and Fienman Defense offers unmatched skill, experience, and commitment to those accused of driving under the influence, especially first-time offenders.

Here’s what sets Attorney Michael Fienman apart:

• Extensive Experience
  Attorney Fienman has successfully represented DUI clients across Philadelphia, NJ, and nearby counties, with an impressive record in first-time DUI cases. His deep knowledge of Pennsylvania DUI laws enables him to offer strategic guidance at every stage of your case.
• Advanced Training in DUI Detection & Field Sobriety Assessment
  With specialized training in DUI detection methods and standardized field sobriety testing approved by the National Highway Traffic Safety Administration (NHTSA), the same training as most Pennsylvania police officers,  attorney Fienman brings more sophistication to your defense. This training empowers him to identify procedural errors and flaws in evidence, providing a robust defense against DUI charges.
• Client-Focused Approach
  Our clients receive dedicated, compassionate representation tailored to their unique needs. Attorney Fienman understands the stress of a DUI charge and remains committed to supporting clients through every step of the legal process.

Standardized Field Sobriety Testing Certified

Pennsylvania DUI Law – Title 75, Chapter 38

Pennsylvania’s DUI laws are detailed in The Pennsylvania Code under Title 75, Chapter 38, which defines DUI offenses, penalties, and legal procedures. This code includes:

• Legal BAC Limits and Penalties: Each tier of BAC levels comes with distinct penalties, from fines and probation to jail time.
• Penalties for Refusing Chemical Tests: Refusing a BAC test can lead to automatic license suspension and increased penalties.
• Alternative Programs and Limited Licenses: Programs like ARD and options for restricted licenses are designed to help first-time offenders recover quickly and avoid severe consequences.

Attorney Fienman’s skill and experience in Pennsylvania DUI law allow him to navigate these statutes and provide clients with effective, informed legal representation.

Call Fienman Defense at (215) 839-9529 for a free DUI consultation.

Attorney Michael H. Fienman represents clients in criminal and traffic matters throughout Pennsylvania and New Jersey. Mr. Fienman is a zealous advocate known for relentlessly defending clients in state court, federal court, and before administrative agencies. Attorney Fienman is licensed to practice before the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the US District Court for the District of New Jersey, and the US District Court for the Eastern District of Pennsylvania.

First Offense DUI Charges: FAQs