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Driving Under the Influence

DUI

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What are the different types of dui offenses

DUI charges are some of the most prevalent and ever changing criminal offenses.  Beyond that, the consequences may be some of the most damaging to an accused’s reputation, employment, driver’s license and liberty.

DUI case law is constantly evolving in ways that make it of great importance to have an experienced and knowledgeable defense attorney when facing a DUI prosecution.  Many times, the key to a successful defense in a DUI case is fighting the case before trial in pretrial motions and legal arguments.  As a former prosecutor, Michael D. DiCindio knows what goes into a successful DUI prosecution, and as a defense attorney, he is able to anticipate the government’s arguments and effectively advocate for your rights.  In the event that a judge or a jury must decide a DUI case, Michael D. DiCindio is the hard-working trial attorney who you want in front of the Court advocating on your behalf.

Under the current state of the law, there are two main ways you may be prosecuted for DUI.  First, is based upon the level of alcohol or drugs in your blood.  Second, is whether or not you are capable of safely operating a motor vehicle due to the amount of alcohol or drugs in your system – or combination of such.  A successful DUI defense starts with determining if the manner of testing your blood alcohol or drug content was accurate and conducted within the parameters of the law.  Officers may take a driver’s blood or breath sample and in other instances, urine sample.  All of these tests have parameters that must be followed in order to be an accurate and reliable test.  The level of the alcohol or the amount of drugs in your blood will dictate your potential sentencing exposure.

A DUI can also occur when there is no blood, breath or urine test performed.  An officer will testify that in his/her experience, he/she believed you to be incapable of safely operating a vehicle whether due to drugs, alcohol or a combination of both.  The prosecutor will often times use experts in this situation as well.  It takes a skilled litigator and advocate to effectively cross-examine the officers and experts in order to defend you properly and effectively.

If you or a loved one has been accused of a drunk driving or DUI related offense – Contact West Chester criminal lawyer Mike DiCindio and schedule your free consultation immediately.  Contact Mike directly at 610.220.4691.

DUI Offenses In Detail

Basic Sentencing Chart for DUI Offenses


General Impairment
  • B.A.C. of .08 to .099%
  • Incapable of Safe Driving
1st Offense
  • 6 Month Maximum sentence
  • No mandatory imprisonment
  • $300 fine
  • No license suspension
2nd  Offense
  • 5 days of mandatory imprisonment
  • $300 to $2,500 fine
  • 12 month license suspension
  • Mandatory 1 year Ignition Interlock
3rd Offense
  • 10 days of minimum imprisonment
  • $500 to $5,000 fine
  • 12 month license suspension
  • Mandatory 1 year Ignition Interlock
High Rate DUI.
  • B.A.C. of .10 to .159%
1st Offense
  • 6 Month Maximum sentence
  • 48 hours of mandatory imprisonment
  • $500 to $5,000 fine
  • 12 month license suspension
2nd  Offense
  • 30 days of mandatory imprisonment
  • $750 to $5,000 fine
  • 12 month license suspension
  • Mandatory 1 year Ignition Interlock
3rd Offense
  • 90 days of minimum imprisonment
  • $1,500 to $10,000 fine
  • 18 month license suspension
  • Mandatory 1 year Ignition Interlock
Highest Rate DUI
  • B.A.C. of .16 and higher
  • Controlled Substances
  • Refusal to submit to chemical testing
1st Offense
  • 6 Month Maximum sentence
  • 72 hours of mandatory minimum imprisonment
  • $1,000 to $5,000 fine
  • 12 month license suspension
2nd  Offense
  • 90 days of mandatory minimum imprisonment
  • $1,500 minimum fine
  • 18 month license suspension
  • Mandatory 1 year Ignition Interlock
3rd Offense
  • 1 year of mandatory minimum imprisonment
  • $2,500 minimum fine
  • 18 month license suspension
  • Mandatory 1 year Ignition Interlock
DUI Sentences will also include the requirements of completing a CRN Evaluation,  Drug and Alcohol Evaluation and Treatment if recommended and Alcohol Highway Safety School

The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant.  The information provided is for informational purposes only and may not reflect the most current legal developments.  These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  Please contact DiCindio Law for a consultation and to discuss what law is relevant to your case.

Mike DiCindio is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale as well as in Montgomery County, Lancaster County, Delaware County, Philadelphia County, Bucks County and Berks County.

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