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Meet Our Attorneys
Lee Ciccarelli

Lee Ciccarelli

Lee Ciccarelli is the founder and managing partner of Ciccarelli Law Offices with over two decades experience as a practicing attorney.

Joshua Tebay

Joshua Tebay

Joshua Tebay is an experienced attorney and former prosecutor licensed to practice in both Pennsylvania and New Jersey.

Michael E. Houghton

Michael E. Houghton

Michael E. Houghton brings both passion and enthusiasm to criminal defense through his extensive knowledge and experience.

Timothy Kraeer

Timothy Kraeer

Timothy Kraeer is a highly experienced traffic attorney who handles related criminal and civil matters across the state.

Ann DelCollo

Ann DelCollo

Since 1992, Ann has been advocating for her clients both in and out of tough courtrooms of Philadelphia, which has cultivated her craft.

David Strenfel

David Strenfel

David Strenfel is a highly experienced attorney who focuses on trial advocacy, constitutional law, and criminal defense.

Jonathon Luff

Jonathon Luff

Jonathon Luff has successfully represented countless clients and gain freedom for many wrongfully accused individuals.

Office Locations
Our Locations
Primary Location
A
304 North High Street West Chester, PA 19380
Secondary Locations

These locations are available by appointment only

B
1515 Market St., #200 Philadelphia, PA 19102
C
135 East State St. Kennett Square, PA 19380
D
600 West Germantown Pike Plymouth Meeting, PA 19462
E
1489 Baltimore Pike Ste 221 Springfield, PA 19064
G
101 Lindenwood Dr, Ste 225 Malvern, PA 19355
H
150 N. Radnor Chester Rd Ste. F200, Radnor, PA 19087
I
313 West Liberty St., Ste 341 Lancaster, PA 17603
Reasonable Fees

Our firm provides excellent services at reasonable fees and accepts a variety of payment methods, including most major credit card providers.

We accept payment from most major credit card providers, including Via, MasterCard, American Express, and Discover
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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.

Avvo Top Attorney Criminal Defense

DUI and Marijuana in West Chester, PA & Philadelphia Area

When a Pennsylvania driver is suspected of impairment due to marijuana use—even in the absence of alcohol or any other drugs—he or she may be charged with driving under the influence of drugs (DUID), also known as "drugged driving" or DUI with marijuana. If a driver mixes marijuana with alcohol, he or she could face both DUID and DUI charges.

DUI (driving under the influence of alcohol, or drunk driving) is a serious criminal offense that can lead to severe legal, financial, and personal consequences, including jail time, fines, probation, community service, and many other penalties.

A Pennsylvania DUID conviction is often worse than most DUI convictions, though, because the penalties are as severe as a DUI conviction with the "highest" illegal level of alcohol under state law, even if no alcohol is detected. (Lesser levels of DUI convictions are for driving with a "high" illegal level of alcohol or the minimum DUI offense of "general impairment" due to consumption of too much alcohol.)

Pennsylvania is among the states that have enacted tough DUID "per se" laws that assume criminal impairment if a certain level of a drug (or drug metabolite)—including marijuana—is detectable in a driver's blood or urine, regardless of when the drugs were ingested or whether the driver consumed any alcohol.

If you have been arrested for DUI with marijuana, DUID, or drugged driving in West Chester, Philadelphia, Malvern, King of Prussia, Lancaster, Kennett Square, Plymouth Meeting, Radnor, or anywhere in the greater Philadelphia area, including Chester County, Delaware County, Montgomery County, or Lancaster County, you need an experienced lawyer to explain the legal ramifications of your situation and help you learn about your options.

The team of criminal defense attorneys at Ciccarelli Law Offices is equipped with the experience and dedication to aggressively defend you against a DUI with marijuana or DUID charge. We may be able to help you avoid a trial or obtain a dismissal of charges, but Ciccarelli Law Offices will take a case to trial if necessary to fight against a conviction.
Call {$firm]] today at (610) 719-3200 to schedule your free consultation to begin the process of protecting your rights and your freedom.


Information About Marijuana DUI in Pennsylvania


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DUI and Marijuana under Pennsylvania Statutes

Neither the acronym "DUID" nor the term "drugged driving" are specifically written into Pennsylvania state law, but DUID has emerged as a derivative of the DUI law. A DUID charge may be for any controlled substance, including marijuana.

Title 75, Section 3802(d) of the Pennsylvania Consolidated Statutes declares that a person is guilty of DUI if he or she drives with any amount of a Schedule I controlled substance in his or her blood, or with a metabolite of a Schedule I substance in his or her blood. By law, driving with a controlled substance automatically enhances the penalties of a lower-level DUI.

A person may also be guilty of DUI if he or she is "under the influence of a drug or combination of drugs to a degree which impairs (his or her) ability to safely drive."

(This part of the law allows the opinion of the police to be a factor in an arrest even if no other evidence is gathered and regardless of whether a suspect is in possession of marijuana or any marijuana was found at the scene of an arrest. Marijuana possession laws may also be applicable if marijuana is physically present.)

In addition, a person is guilty of DUI if "under the combined influence of alcohol and a drug or combination of drugs to a degree which impairs the individual's ability to safely drive."


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Metabolites

Metabolites are produced by human metabolism (chemical processes within the body) and may be present in urine. Marijuana metabolizes more slowly than many other drugs, so urine may contain marijuana metabolites days or weeks after the last time marijuana was ingested. Thus, a driver may be charged with DUID even when his or her last contact with marijuana was days or weeks in the past, long after any impairment, if any.

In 2011, Pennsylvania lowered the legal threshold level of THC (the active ingredient in marijuana) by five times, from five nanograms per milliliter to one nanogram per milliliter (1ng/ml). Any concentration higher than 1ng/ml is a "per se" violation of the statute, which often results in a charge of DUID.


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"Per Se"

The Latin term "per se" means "by or in itself." The same legal principle that allows prosecutors to introduce blood-alcohol concentration (BAC) levels into evidence in an effort to prove impairment in a DUI case allows them to introduce THC levels or the existence of detectable marijuana metabolites in an effort to prove impairment in a DUI with marijuana or DUID case.

Pennsylvania's per se law presumes a driver is impaired if found to have any measurable amount of a controlled substance in his or her body (.1ng/ml or higher for marijuana).


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Implied Consent

Under Pennsylvania's implied consent law, a person who is granted the privilege to drive agrees to chemical testing of the breath, blood or urine if the police suspect him or her to be under the influence of alcohol or some other intoxicant, including marijuana.

If a driver is arrested for a DUI with marijuana and consents to a drug test, his or her urine or blood will be tested for the presence of drugs. Refusal of a test usually results in a driver's license suspension and may further result in enhanced legal and administrative penalties.

Blood tests are rarer than urine tests, but tend to be more accurate. However, no drug or alcohol test is inherently valid. An experienced criminal defense attorney may be able to find flaws in the testing equipment or mistakes made in the administration of the test.

Law enforcement in the Philadelphia area may also call a "drug recognition expert" to the scene of an arrest in an attempt to determine if a driver is impaired due to marijuana or other drugs.


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Penalties

If a Schedule I controlled substance such as marijuana is involved in a DUI case, it effectively may become a DUID case. A Pennsylvania DUID conviction imposes the same penalties as a DUI conviction with the highest rate of alcohol, even for a first offense, because a conviction for driving with a Schedule I, II, or III controlled substance automatically enhances the penalties.

Under Pennsylvania Consolidated Statutes Title 75, Section 3804, penalties for a first DUID conviction include:

  • Imprisonment for at least 72 hours
  • A fine of $1,000 to $5,000
  • Attendance at an approved alcohol highway safety school
  • Compliance with all drug and alcohol treatment requirements that may be imposed

Penalties for a second DUID conviction include:

  • Imprisonment of at least 90 days
  • A fine of at least $1,500
  • Attendance at an approved alcohol highway safety school
  • Compliance with all drug and alcohol treatment requirements that may be imposed

Penalties for a third DUID conviction include:

  • Imprisonment for at least a year
  • A fine of at least $2,500
  • Compliance with all drug and alcohol treatment requirements that may be imposed

Only the penalties that may be imposed by a court are listed above. DUI and DUID convictions usually are also accompanied by administrative fines and penalties, including the suspension of a driver's license, probation, and community service, among others.

If you have been arrested for DUID, drugged driving, DUI with marijuana, or marijuana DUI in West Chester, the Philadelphia area, or anywhere in Pennsylvania, you may face serious consequences that could restrict your legal ability to drive, your freedom, and your future. It is important that you consult with an experienced criminal defense attorney to discuss your case right away.


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Additional Resources

Pennsylvania Consolidated Statutes Title 75, Section 38 — Driving after Imbibing Alcohol or Utilizing Drugs — Read the state laws related to driving under the influence of alcohol or a controlled substance and about the penalties that may be imposed.

Chester County Court of Common Pleas — The Chester County Court web site contains important information and links related to county courts.

Drug Enforcement Administration — The DEA is the federal agency charged with preventing drug smuggling and use in the U.S. Its web site contains volumes of information about both prescription drugs and illegal drugs, including marijuana, as well as the schedules of controlled substances.

NORML ­— The National Organization for the Reform of Marijuana Laws is a non-profit seeking legalization and decriminalization of marijuana. NORML's web site contains a wealth of information about marijuana laws, including an article about drugged driving in Pennsylvania.


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Find an Attorney for Marijuana and DUI in West Chester, PA & Philadelphia Area

A DUI with marijuana, DUID, or drugged driving conviction can reverberate with serious repercussions for many years. If you are charged with DUID or DUI with marijuana, it is vital to contact an experienced criminal defense lawyer to schedule a consultation to discuss the details of your case.

If you are facing a marijuana DUI charge, you need a dedicated attorney now. At Ciccarelli Law Offices, we have a dedicated team of attorneys who will strive for the best possible outcome in your case. Contact us today if you are in Downingtown, Exton, Newton Square, Norristown, Lancaster, Coatesville, or Media, Chester County, or throughout the greater Philadelphia area.  

Our goal is to inform you of your options while vigorously defending you. We may be able to find flaws in the prosecution's case or in the legality of the traffic stop, arrest, or drug testing, thereby casting reasonable doubt about your guilt.

You deserve representation by qualified criminal defense attorneys in your case. Contact Ciccarelli Law Offices at (610) 719-3200 today to schedule an appointment with one of our experienced lawyers.

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