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Home » Pennsylvania DUI Defense

Pennsylvania DUI Defense

Quick Answers About Pennsylvania DUI Charges

  • A DUI arrest doesn’t automatically result in a conviction and a criminal record
  • First-time offenders usually qualify for ARD
  • DUI penalties depend on drug impairment, BAC, and prior offenses within 10 years
  • License suspensions vary and many drivers qualify for an ignition interlock license
  • Many DUI charges can be reduced, withdrawn, or dismissed

Charged with DUI in Bucks County?  Visit my Bucks County DUI Lawyer page to learn about possible DUI defenses, DUI penalties, ARD, Bucks County House Arrest, and what to expect after a DUI arrest.

Call (215) 752-5282 for a free consultation.

Can a DUI Charge be Reduced or Dismissed?

Yes.  Many Pennsylvania DUI charges are reduced or dismissed due to an illegal traffic stop, blood and breath testing mistakes, insufficient evidence, dash-cam or body-cam footage, or improperly administered field sobriety tests.

How I Evaluate a Pennsylvania DUI Defense

Every DUI case begins with a careful review of the facts.  During our first meeting or phone consultation, I will carefully review what happened before, during and after your arrest.

I analyze whether the police used a minor traffic violation as a pretext to investigate a DUI without a legal basis.  I evaluate whether field sobriety tests were reliable or whether an injury, a medical condition, age, or other physical limitation affected the results.

I evaluate whether the police had reasonable suspicion to continue investigating the driver for DUI and probable cause to arrest the driver for DUI.

Every DUI case is different.  The strength of the prosecution’s case depends on the evidence, not simply the fact that you were arrested.

What are the Penalties for a DUI in Pennsylvania?

Pennsylvania DUI penalties depend on your alcohol level, drug impairment, and whether you have prior DUI convictions in the last 10 years.  Consequences can include fines, court costs, probation, license suspension, ignition interlock requirements, and jail time.

Learn more about Pennsylvania DUI penalties, license suspensions, and how DUI sentences are determined.

Can I Get ARD for a First DUI?

Yes.  Most first-offense DUI offenders with no criminal record qualify for Pennsylvania’s ARD program.  Successful completion of ARD results in the dismissal of the charges and court-ordered expungement of your record.  As of June 2026, over 99% of current and former clients who applied for ARD for a first-time DUI were granted admission.

Will I Lose my License After a DUI in Pennsylvania?

Not always.  Pennsylvania license suspensions depend on your alcohol level, drug impairment, prior DUI convictions and whether you refused a blood test after arrest.

Most drivers facing suspension are eligible for an ignition interlock license immediately or halfway through the initial suspension.

What Happens After a DUI Arrest in Pennsylvania?

Many Pennsylvania DUI cases begin with a preliminary arraignment where bail is set.  The next court date is usually the preliminary hearing. After the preliminary hearing, the case may proceed through formal arraignment, pre-trial motions, plea negotiations, ARD, treatment court, or trial before the case is resolved.

What is the Legal BAC Limit in Pennsylvania?

Pennsylvania’s legal BAC limit is 0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21, school bus drivers and school vehicle drivers.

What Are the Three Levels of DUI in Pennsylvania?

Pennsylvania classifies DUIs into three levels: General Impairment, High Rate, and Highest Rate.  The level of the DUI charge depends on your BAC, drug impairment, prior DUI convictions within the last 10 years, and whether the DUI resulted in serious bodily injury to another person.

A driver can be charged with General Impairment DUI even without a blood or breath test.

Can a DUI Conviction be Expunged in Pennsylvania?

Sometimes, but only under limited exceptions.  Most DUI convictions cannot be expunged in Pennsylvania.

Persons who reach age 70 and have not been arrested for at least 10 years may be eligible to have their DUI conviction expunged by the court.

Under Pennsylvania law, a person granted a Governor’s Pardon for a DUI conviction is entitled to automatic expungement of the conviction record.

What Happens if I Refuse a Blood Test in Pennsylvania?

Pennsylvania’s implied consent law requires drivers under investigation for DUI to submit to chemical testing.  A first-time chemical test refusal results in a 1-year license suspension and a 1-year ignition interlock requirement.

A chemical test refusal can be used as evidence against you if the police charge you with DUI.  However, refusing a blood test does not automatically mean you will be convicted of DUI.

Can I Get a DUI in Pennsylvania Even if I have a Medical Marijuana Card?

Yes.  Pennsylvania is a zero-tolerance DUI state for marijuana.  A driver can be charged with a DUI based on the presence of THC or its metabolites in their system even if they have a valid Pennsylvania medical marijuana card.

A medical marijuana card does not provide a defense to a Pennsylvania DUI charge.

Can I be Charged with DUI Even if I Pass the Field Sobriety Tests?

Yes.  A driver can be charged with DUI even if they pass the field sobriety tests.  The police may rely on other evidence such as driving behavior, witness statements, roadside breath tests, and observations made during their contact with the driver.  The absence of field sobriety tests may strengthen a DUI defense in some cases, particularly when the police chose not to conduct the tests.

Charged with a DUI in Bucks County?

If you have been charged with DUI in Bucks County, contact me for immediate guidance and assistance.

For more than two decades I have helped people charged with DUI understand their options, protect their driver’s license and avoid jail when possible.

Contact me at (215) 752-5282 for a free initial consultation or fill out the confidential contact form for an immediate response.  Appointments are available after business hours and on weekends.

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Keith E. McAndrews, Attorney at Law is located in Langhorne, PA and serves clients in and around Abington, Ambler, Bedminster, Bensalem, Blue Bell, Bristol, Bryn Athyn, Buckingham, Chalfont, Cheltenham, Croydon, Doylestown, Elkins Park, Fallsington, Falls Township, Feasterville, Glenside, Hatboro, Horsham, Hulmeville, Huntingdon Valley, Ivyland, Jamison, Jenkintown, Langhorne, Levittown, Lower Makefield, Lower Moreland, Middletown, Montgomeryville, Morrisville, New Britain, New Hope, Newtown, Norristown, Northampton, North Wales, Perkasie, Plumstead, Quakertown, Richboro, Sellersville, Southampton, Trevose, Tullytown, Upper Dublin, Upper Makefield, Upper Moreland, Warrington, Warminster, Willow Grove, Yardley, Bucks County and Montgomery County.

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