West Chester, PA 19380
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Lee Ciccarelli is the founder and managing partner of Ciccarelli Law Offices with over two decades experience as a practicing attorney.
Joshua Tebay is an experienced attorney and former prosecutor licensed to practice in both Pennsylvania and New Jersey.
Michael E. Houghton brings both passion and enthusiasm to criminal defense through his extensive knowledge and experience.
Timothy Kraeer is a highly experienced traffic attorney who handles related criminal and civil matters across the state.
Since 1992, Ann has been advocating for her clients both in and out of tough courtrooms of Philadelphia, which has cultivated her craft.
These locations are available by appointment only
Our firm provides excellent services at reasonable fees and accepts a variety of payment methods, including most major credit card providers.
Lee Ciccarelli has received a 10.0 (Superb) rating on Avvo, the highest possible rating for attorneys on the site. This rating is given based on client reviews, peer endorsements, and professional experience and credentials.
For hundreds of drivers, a DUI arrest will be the first criminal charges that they face. If caught operating a vehicle while under the influence of alcohol, a person faces serious consequences, even for a first offense.
With a chance of jail time, heavy fines, suspension of driving privileges, and a criminal record hanging over your head, the court proceedings ahead of you may seem overwhelming. In this situation, the aid of an experienced attorney can make all the difference.
Can you afford to lose your license, face jail time, or endure a permanent criminal record? You need more than one lawyer or just one hope when facing dui charges and prosecution for drunk driving in Chester County or the greater Philadelphia area. We are a team of defense lawyers with nearly 40 years of experience fighting for justice when you are facing a DUI. The legal team at Ciccarelli Law Offices can help defend you against a DUI charge. These allegations are not to be taken lightly, and you need to take steps to protect your future. Our team can work to have your charges reduced or dismissed before you even appear in court. A West Chester DUI lawyer from Ciccarelli Law Offices will fight for you. Call us today at (610) 719-3200 to schedule your free consultation.
We are proud to represent clients throughout the Greater Philadelphia area. We are based in West Chester, and have offices in Philadelphia, Springfield, King of Prussia, Kennett Square, Radnor, Lancaster, Malvern and Plymouth Meeting. We represent clients in Chester County, Delaware County, Montgomery County and Lancaster County.
If you are facing a DUI charge, our attorneys can help defend you at every step of the process, including your license suspension hearing or application for a hardship license.
According to Pennsylvania law, as defined in 75 Pa. Cons. Stat. § 3802, a person cannot legally operate a vehicle" after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving ." The specific amount of alcohol that is considered to impair a driver's judgment to this level is a Blood Alcohol Content (BAC) of .08, even if the driver displays no outward signs of impairment.
If you're caught with a BAC of.1 or more, however, you could be charged with a "high rate of alcohol", which carries steeper penalties. If your BAC is over .16, penalties increase even further, and you can be charged with "highest rate of alcohol."
Additionally, it is illegal to drive under the influence of controlled substances. You may not drive with any Schedule I drug in your system, or any Schedule II or III drug that has not been prescribed to you.
Some scenarios change the requirements or penalties for a DUI charge. For instance, if you drive a commercial vehicle, your BAC can only be at .04 without risking an arrest. For school vehicles such as buses, however, that limit is only .02. For these commercial drivers, a DUI conviction could result in losing their commercial license for a year and possibly losing their jobs.
Drivers under the legal drinking age of 21 can face a DUI if their BAC is above a .02 as well.
The possible punishments for a DUI charge vary depending on your criminal history and your BAC during the arrest. You could be facing jail time, fines, treatment programs, and a required ignition interlock device for your vehicle.
If you are a first-time offender, you may have the option of going through Accelerated Rehabilitative Disposition (ARD). ARD requires you to fulfill certain commitments, like 50 hours of community service and a treatment program.
If you decide ARD is the best defense strategy for you, your West Chester defense attorney can argue why you deserve to be admitted into the program.
If an officer detains your vehicle and suspects that you are under the influence of alcohol or drugs, he may request that you take a BAC Test. The most commonly used test is a breathalyzer, but your urine or blood may also be requested for testing.
Remember the saying, “ driving is a privilege, not a right.” More than an old saying, that is the law in Pennsylvania, and if you refuse to provide a BAC test where an officer has reasonable grounds for a bac test, you may be facing an additional one year suspension of your license over and above any loss of license attributable to a DUI conviction; as well as allow the prosecution to prosecute your dui as a highest tier offense.
You have the right to refuse the test if police do not have a warrant, but there are consequences, and if you are ultimately convicted of DUI this refusal will increase your penalties. The first time that this occurs, you face a minimum of 72 hours in jail and a suspension of your driving privileges for a year.
Even if a chemical test shows that your BAC is higher than the legal limit, this does not guarantee a conviction. In some instance, improper procedures can render the test results void. There is also a margin of error inherent in these tests that can be used to call their results into question. A skilled attorney can be key in finding a weakness in the prosecution's use of BAC test results.
When a BAC test is requested, the officer must inform the driver that they do not have the right to remain silent and that refusing the test can result in a suspension of their license. In the case of a refusal, an accused individual will receive a notice of suspension within 30 days. After receiving this notification, you can then request a hearing where the suspension can be contested.
If you've been accused of drunk driving in Downingtown, Exton, Oxford, Lancaster, Coatesville or anywhere in Southeastern Pennsylvania, you have rights. The team at Ciccarelli Law Offices can help you protect those rights, and fight for the best possible result for you. An experienced West Chester DUI lawyer can make a big difference in how your case turns out. Call (610) 719-3200 today to set up a free consultation to discuss your drunk driving charges with our attorneys.