Philadelphia DUI Lawyer

How to Handle DUI Charges in Philadelphia

A DUI (Driving Under the Influence) in PA charge means you’re accused of operating a vehicle while impaired by alcohol or drugs. It’s a serious offense in Philadelphia that can lead to severe consequences, including jail time, hefty fines, license suspension, and a permanent criminal record. If you’re charged with a DUI, it’s crucial to act quickly. The first steps you should take include remaining calm, not admitting guilt, and contacting an experienced Philadelphia defense lawyer immediately.

Choose an Experienced DUI Defense Lawyer in Philadelphia

When you or a family member face DUI charges, it’s a frightening and confusing experience. You are probably upset about what happened — and worried about what to do next.

Your first step should be to consult a Philadelphia DUI defense attorney if your arrest occurred in Philadelphia or the neighboring suburbs of Bucks County, Delaware County, or Montgomery County. Your first instinct may be to simply accept your fate or handle things without a lawyer, but that’s generally a mistake. There is considerable benefit to having qualified representation when dealing with a DUI in Philly.

What to Know About Hiring A DUI Defense Attorney

• Look for an attorney with specific experience in DUI. Your friends and family may recommend lawyers who helped them with problems ranging from personal injury to divorce. But you need a lawyer with specific knowledge and connections that attorneys who practice in other areas do not have.
• An attorney who has handled many DUI cases in the locality where you were arrested will understand how the courts there actually work. They will have working relationships with the prosecutors, judges and magistrates who will be deciding your fate.
• Look for an attorney who has experience in analyzing DUI police reports.
• Look for an attorney who has experience in reading the results of breathalyzers and blood tests that determine blood alcohol content.
• Meet with the lawyer to see how you feel about them. Is this someone who will listen to you? Is this someone who will be committed to fighting for you and getting the best possible outcome for you?
• After describing what occurred during your DUI arrest, ask the attorney, ‘after hearing my side of what happened what strategies would you use in my defense?’
• Ask the attorney, ‘what role can I play to help you prepare my DUI case?’ Listen closely to their answer and make sure you are comfortable with it.
• It is critical that you hire an attorney you can trust. Honest communication is the foundation of a good attorney/client relationship. You should feel comfortable telling your lawyer what happened leading up to your arrest. And your lawyer should be someone whose advice you would be willing to consider.

Why Choose Fienman Defense for Your DUI

When you are up against DUI charges, you need an attorney who will stand by you every step of the way, work hard to discredit any evidence – and work with you to determine your best course of action.

For example, Pennsylvania has a three-tier DUI penalty system: the higher the tier, the greater the penalties. If you have previous DUI charges or your blood alcohol concentration is exceptionally high, you could lose your license, job, and freedom. By working with a lawyer early, you can potentially identify flaws in how your BAC was determined, negotiate to have your DUI reduced, and protect you ability to drive.

As an experienced Philadelphia DUI attorney, attorney Michael Fienman knows how to get the best results in your case by scrutinizing police conduct and mounting aggressive defenses to:

• Get the charges dropped
• Avoid the harshest penalties, including jail
• Win an acquittal

Related Reading: 4 Police Mistakes That Can Dismiss Your Case

It is risky to trust your future and freedom to an overworked public defender. You certainly face an uphill battle if you try to defend yourself since the court will hold you to the same legal standards as the prosecution. Call Fienman Defense for the best possible defense to your DUI charge.

Award-winning DUI Defense

• Best DUI Lawyer in Philadelphia by National Council on DUI Defense
• 10.0 Rating from Justia
• Rising Star Super Lawyer
• Preeminent for Ethical Standards & Legal Ability by AV Martindale-Hubbell
• 14 Best Criminal Defense Lawyers by Newsweek
• Top 10 Criminal Defense Attorneys under 40 by National Academy of Criminal Defense Attorneys

The Legal Limit & Philadelphia DUI Charges

If your blood alcohol content is .08 or more, the equivalent of two drinks for most people, you will be charged with DUI. However if the police believe you are impaired because of alcohol and/or drugs, you can still be arrested even if your blood level tests lower.

In Pennsylvania, you have to be tested within two hours of your arrest. If you refuse to be tested, your driver’s license will be immediately suspended for a year or more.

DUI Penalties in Philadelphia: What You Need to Know

Pennsylvania has a tiered system for DUI penalties based on Blood Alcohol Content (BAC) levels and prior offenses. Understanding these tiers and their associated consequences is essential if you’re facing a DUI charge in Philadelphia.

Pennsylvania has a three-tier system based on BAC levels:

• General Impairment (.08 to .099% BAC)
• High BAC (.10 to .159% BAC)
• Highest BAC (.16% and higher)

The sentence you face for a DUI largely depends on whether it is a first or subsequent DUI charge and your BAC. You should know that legal intoxication for individuals with a commercial driver’s license is .04%.

General Impairment DUI (.08 to .099% BAC)

• Fines: Up to $300
• Jail Time: No mandatory jail time, but up to 6 months of probation
• License Suspension: None for the first offense
• Other Consequences: Mandatory alcohol highway safety school, possible court-ordered treatment, and increased insurance rates

Second Offense DUI

• Fines: $300 to $2,500
• Jail Time: 5 days to 6 months
• License Suspension: 12 months
• Other Consequences: Installation of an ignition interlock device for 1 year, mandatory alcohol highway safety school, possible treatment program

DUI with a High BAC (.10 to .159% BAC)

First Offense DUI

• Fines: $500 to $5,000
• Jail Time: 48 hours to 6 months
• License Suspension: 12 months
• Other Consequences: Mandatory alcohol highway safety school, possible treatment requirements, higher insurance premiums

Second Offense DUI

• Fines: $750 to $5,000
• Jail Time: 30 days to 6 months
• License Suspension: 12 months
• Other Consequences: Installation of an ignition interlock device for 1 year, mandatory treatment programs, and alcohol highway safety school

DUI with Highest BAC (.16% and higher)

First Offense DUI

• Fines: $1,000 to $5,000
• Jail Time: 72 hours to 6 months
• License Suspension: 12 months
• Other Consequences: Mandatory alcohol highway safety school, mandatory treatment program, and significant insurance rate increases

Second Offense DUI

• Fines: $1,500 to $10,000
• Jail Time: 90 days to 5 years
• License Suspension: 18 months
• Other Consequences: Installation of an ignition interlock device for 1 year, mandatory treatment programs, and higher insurance costs

Additional Consequences of a DUI 

Beyond fines, jail time, and license suspensions, a DUI conviction can have long-term impacts on your life:

• Increased Insurance Rates: A DUI conviction typically leads to a significant increase in auto insurance premiums, sometimes doubling or tripling your rates. In some cases, insurers may cancel your policy altogether.
• Job Impact: A DUI on your record can negatively affect current and future employment opportunities, especially in roles requiring driving, handling sensitive information, or requiring a clean criminal record. Employers may view a DUI conviction as a sign of irresponsibility or lack of judgment.
• Professional Consequences: Certain professions, such as healthcare, law, and education, may impose disciplinary actions or revoke licenses upon a DUI conviction, severely impacting your career.
• Educational and Financial Aid Implications: A DUI can affect your ability to gain admission to certain colleges or universities and can lead to the loss of scholarships or financial aid, especially if the DUI involved illegal drugs.
• Personal and Social Consequences: The stigma of a DUI conviction can strain personal relationships, and the legal process can be emotionally and financially draining. Having a DUI on your criminal record can also make it hard for you to keep or get a job in some professions.

Understanding the full range of DUI penalties and their potential impact is crucial. The penalties increase in severity with higher BAC levels and repeat offenses, making it essential to seek experienced legal representation to mitigate these consequences

Other Negative Effects of a DUI Conviction

• Court fees and fines
• Payment for installation, maintenance, and removal of the ignition interlock device
• Payment for public transportation or rideshares
• Higher auto insurance premiums once you can drive again
• Difficulty finding or maintaining a job
• Impact on your child custody or visitation arrangement
• Difficulty with your immigration, naturalization, or citizenship status

Influencing Factors on DUI Penalties

Certain factors influence your sentence for a DUI, including:

• Is This Your First DUI?
• Do You Have Multiple DUI Convictions?
• Are you Charged with Underage DUI?
• Were You Allegedly Driving Under the Influence of Drugs?
• Were You Allegedly Driving Under the influence of Prescription Drugs?
• Was Your Blood Alcohol Over.16?
• Are you Charged with a DUI While on Probation?
• Were You Charged with an Endangering the Welfare of a Child DUI?

How to Defend Against Your Philadelphia DUI

An experienced DUI defense attorney looks for cracks in the prosecution’s case or mistakes made during the initial traffic stop and subsequent arrest.

Attorney Fienman reviews your case, including whether the police:

• Had Reasonable Suspicion To Pull You Over: We fight to remove evidence collected from an illegal traffic stop.
• Had Reasonable Cause To Give You a Chemical Test: Chemical test results are not admissible if the police didn’t have the right to take them.
• Administered the Chemical Test Correctly: We question the device’s calibration and testing procedure to suppress test results. See also: Can medications affect breathalyzer?
• Had Reasonable Cause To Search Your Car: Evidence secured from an illegal search and seizure is inadmissible and a violation of your Fourth Amendment rights.

Possible DUI Defenses

Depending on the circumstances of your DUI case, these are some of the possible defense strategies and legal arguments you could make:

You were not impaired.

After the police pull you over, they will be looking for indications that you are impaired. For example, they will be observing whether your eyes are bloodshot or if your face is flushed. But what if your bloodshot eyes were due to allergies or your face was flushed because you were running a fever? The police may have proceeded to administer a field sobriety test based on a false assumption.

The stop was not legal.

The Fourth Amendment of the US Constitution stipulates that you have protection from unreasonable government searches and seizures. The Pennsylvania Constitution also provides similar protection. Under the law, you can have three kinds of interactions with the police: consensual encounters, investigative stops and arrests.

An investigative stop gives police the authority to stop your vehicle if they have a reasonable suspicion of criminal actions such as drunk driving. The police must follow the limits of what they are allowed to do in an investigative stop.

If the stop was not legal, or they had no reasonable suspicion of criminal actions, then the evidence the police obtained during it will not be admissible in court.

They had no legitimate reason to stop you.

To stop you for drunk driving, the police must have probable cause that you are committing the crime of DUI. In other words, they must have legitimate reasons to have pulled you over. If they did not have those factual reasons to back up their actions, then they should not have stopped your vehicle. The evidence the police obtained during the stop will not be admissible in court.

The DUI checkpoint did not meet standards.

In Philadelphia, DUI checkpoints and arrests are common in several well-known areas throughout the city. For instance, DUI checkpoints are frequently set up along major roadways such as Broad Street and Roosevelt Boulevard, especially near popular nightlife districts like South Street and the Old City area. Additionally, areas around the Philadelphia Sports Complex in South Philly, particularly after games or events, are monitored closely for impaired drivers.

To be legal, a DUI checkpoint has to meet specific standards and guidelines. For example, the checkpoint has to be in an area where intoxicated drivers are known to be, police can’t change a location on the fly that was agreed on by supervising officials, and the roadblock must be clearly marked. Your lawyer will carefully check to make certain these rules were adhered to.

The test was administered incorrectly.

Breath, blood and urine tests administered to measure your BAC must be taken properly and correctly to be valid. The equipment used must be approved for testing and in good working order. If there is an irregularity in the device or the way the test was taken, the results may be inadmissible.

The test equipment was not calibrated properly

Devices used to test breath and blood must be calibrated properly to produce reliable results that will stand up in court.

You were not the driver.

If you were not actually driving the vehicle, then, obviously, you can’t be convicted of DUI. The prosecutor will have to prove you were actually the one behind the wheel. If the police arrived when you and the others riding with you were not in the car, and they did not actually observe who was driving, they can’t simply go with their assumptions when they testify in court about who was the driver. If you were not the driver, your attorney will obtain the evidence and witnesses to prove it.

The police report had inaccuracies.

Police reports are well known for exaggerating the facts to prove the case that you were drunk. When the case goes to court, the officer will usually draw chiefly on their report as the basis for their testimony. When your attorney obtains the report during discovery, he or she will go over it carefully for errors.

If the case goes to trial, your lawyer will pounce on any discrepancies to discredit police testimony. If the police officer who arrested you filed a report with inaccuracies or misleading statements, their case will not stand up in court. The police have to back up their reports with the facts, and if, for example, their video dash cams dispute their report, your case may be dismissed.

As you can see, there are ways to avoid the harsh penalties attached to a DUI. In some cases, you are able to appeal a DUI, but your best option is early intervention.

A Philadelphia DUI lawyer may even suggest alcohol treatment. By demonstrating your commitment to addressing a potential issue with alcohol or drugs, a judge may be lenient if you get help.

Why Police Make DUI Stops

For the police to pull you over, they need reasonable suspicion that you’re committing a crime.

They need facts to suspect you of a DUI, such as:

• Weaving in and out of your lane
• Failing to stop at a stop sign
• Seeing you drink from an alcohol container

What To Do If The Police Pull You Over

• Do not try to talk your way out of the arrest
• Do not tell them you have been drinking.
• If the police question you repeatedly, politely refuse to answer their questions and tell then you want a lawyer.

What The Police Look For After They Stop You

• Fumbling when you try to find your driver’s license
• If your breath smells like alcohol
• Flushed face
• Glassy or bloodshot eyes
• Slurred speech
• Staggering or swaying when you leave your car

DUI Testing & Field Sobriety Tests

Police who pull you over for suspected drunk driving will give you a field sobriety test. Field sobriety tests are physical and cognitive tests officers use to gather clues that you’re intoxicated. There are three standardized field sobriety tests:

• The walk-and-turn test
• The one-leg stand test
• The horizontal gaze nystagmus test – follow an object with only your eyes while your head stays still
• Counting backward or reciting the alphabet in reverse

What if I Fail a DUI Test?

Failing a field sobriety test is not conclusive proof that you are intoxicated. You could have an injury or balance issues that affect the physical test. If you fail the field sobriety test, police will probably arrest you.

After the police arrest you for a DUI, they will ask you to submit to DUI testing to confirm your BAC. The result of this test is the basis for the prosecution’s case against you.

Chemical DUI Tests

Pennsylvania, like most states, has an implied consent law. This law says you must submit to chemical testing if an officer has reasonable grounds to believe you’re driving under the influence of drugs or alcohol.

If you refuse the chemical test, you will lose your driver’s license for at least a year, even if you win your DUI case in court.

Are DUI Tests Accurate?

These tests aren’t 100% accurate like the cops want you to believe. Certain medical conditions, such as diabetes, can register a false positive for intoxication on a breath test. Breathalyzer tests must be calibrated and checked regularly, or they produce inaccurate results.

We highly recommend calling a Philadelphia DUI lawyer to scrutinize the equipment, the process, who administered the test, and the results for accuracy.

Legal Representation is Crucial at Every Step

Fienman Defense provides legal representation at each stage of your DUI arrest.

A Philadelphia DUI lawyer:

• Protects your legal rights
• Represents you at arraignment and all court matters
• Files an appeal to have your license reinstated
• Seeks bail so you can go home
• Identifies procedural or evidentiary errors for a dismissal
• Requests a pretrial diversion program if you are eligible
• Plea bargains on your behalf
• Argue your case at trial if necessary

Can I Avoid Jail for a DUI with ARD?

The Accelerated Rehabilitative Disposition (ARD) program is a pretrial diversion program that allows first-time offenders the opportunity to take responsibility without suffering irreversible consequences. Attorney Fienman helps many first-time DUI offenders enter the ARD program.

Benefits of ARD

The Benefits of ARD include the following:

• No jail time
• Charges dismissed upon successful completion
• Expungement available

A Philadelphia criminal defense lawyer can help you enter ARD if you are a first-time DUI offender. So long as you complete all entry requirements and the ARD program, you can wipe your record clean.

Philadelphia DUI: Frequently Asked Questions