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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
Superb Avvo Rating

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 Prescription Meds

The crime of driving under the influence (DUI) in Pennsylvania applies to motorists who are under the influence of alcohol and/or a controlled substance. While many people assume that alleged offenders are only arrested for being under the influence of common illegal drugs, the truth is that drivers can be charged with DUI if they are impaired by legal prescription medications too.

A DUI arrest based on prescription drug usage (commonly called drugged driving, driving under the influence of drugs, or DUID) is just as serious as charges based on alcohol or an illegal drug. DUID cases involving prescription medications are much more complex than traditional alcohol-related DUI cases because it is often incredibly difficult to determine what dosage is considered too much to safely operate a motor vehicle.

Lawyer for Prescription Drug DUI Arrests in West Chester, PA

If you were arrested for DUI anywhere in southeastern Pennsylvania for allegedly being under the influence of a prescription medication, it will be in your best interest to immediately retain legal counsel. Ciccarelli Law Offices aggressively defends clients in communities throughout Chester County, Montgomery County, Delaware County, Lancaster County, and the greater Philadelphia area.

Our West Chester criminal defense attorneys work as a team to fight for the most favorable outcome to DUI cases, including possibly getting the criminal charges reduced or dismissed. You can have our lawyers review your case and help you understand your legal options when you call (610) 719-3200 to take advantage of a free, confidential consultation.


Chester County Prescription Medication DUI Information Center


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Types of Prescription Drugs in Pennsylvania DUI Offenses

Pennsylvania Consolidated Statute § 3802(d) makes it illegal for an individual to drive, operate, or be in actual physical control of the movement of a motor vehicle under any of the following circumstances:

  • There is in the individual's blood any amount of a Schedule I, Schedule II, or Schedule III controlled substance which has not been medically prescribed for the individual;
  • The individual is under the influence of a drug or combination of drugs to a degree which impairs the individual's ability to safely drive, operate or be in actual physical control of the movement of the vehicle; or
  • The individual is 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, operate or be in actual physical control of the movement of the vehicle.

Certain prescription medications are classified as controlled substances. The National Institute on Drug Abuse says that the most commonly abused classes of prescription drugs include opioids, central nervous system (CNS) depressants, and stimulants.

People may be charged with a prescription medication-related DUID offense if they test positive for any of the following common prescription drugs:

  • Alfentanil (Alfenta);
  • Alprazolam (Xanax);
  • Amphetamine (Adderall, Dyanavel XR, Evekeo);
  • Clonazepam (Klonopin);
  • Codeine;
  • Dextroamphetamine (Dexedrine);
  • Diazepam (Valium);
  • Diphenoxylate (Lomotil);
  • Fentanyl (Duragesic, Durogesic);
  • Hydrocodone (Vicodin);
  • Hydromorphone (Dilaudid, Palladone);
  • Meperidine (Demerol);
  • Methamphetamine (Desoxyn);
  • Methylphenidate (Ritalin and Concerta);
  • Oxycodone (Oxycet, OxyContin, Percocet);
  • Oxymorphone (Opana);
  • Pentobarbital sodium (Nembutal);
  • Propoxyphene (Darvon);
  • Ritalin; and
  • Zolpidem (Ambien)

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Prescription Medication DUI Penalties in Chester County

Under Pennsylvania Consolidated Statute § 3804(c), drugged driving arrests involving controlled substances such as prescription drugs are subject to the same punishments as DUI offenses involving the highest blood alcohol range. Depending on an alleged offender’s prior criminal record, a conviction could result in any of the following sentences:

  • First Offense — Imprisonment for not less than 72 consecutive hours, a fine of not less than $1,000 nor more than $5,000, attend an approved alcohol highway safety school, and compliance with all drug and alcohol treatment requirements.
  • Second Offense — Imprisonment for not less than 90 days, a fine of not less than $1,500, attend an approved alcohol highway safety school, and compliance with all drug and alcohol treatment requirements.
  • Third or Subsequent Offense — Imprisonment for not less than one year, a fine of not less than $2,500, and compliance with all drug and alcohol treatment requirements.

An arrest for a prescription medication-related DUID offense is not the same as a conviction. A prosecutor still needs to prove beyond a reasonable doubt that a prescription drug impaired the alleged offender’s ability to safely operate a motor vehicle.

While a chemical test may prove the presence of a prescription medication in the alleged offender’s system, it rarely shows that a person was under the influence of that drug at the time he or she was driving. An experienced criminal defense attorney will not only be able to challenge the prosecutorial claims of impairment but can also investigate to determine whether there may have been any mistakes in the administration and handling of a chemical test.


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Pennsylvania DUI and Prescription Meds Resources

Pennsylvania Drug and Alcohol Annual Plan And Report 2014-2015 — View this annual report from the Pennsylvania Department of Drug and Alcohol Programs that includes numerous statistics and initiatives relating to substance abuse. Prescription drugs play a major role in the concerns and goals of the Department. Learn more about proper use of prescription drugs, access to treatment, and education about medication misuse.

PA Stop | The Commonwealth Prevention Alliance Campaign to Stop Opiate Abuse — The Commonwealth Prevention Alliance designed the PA Stop website “to educate Pennsylvanians about the risks of prescription painkiller and heroin use, the relationship between painkiller and heroin use, and what to do when you need help.” You can learn more about who is at risk of prescription opiate addiction and find answers to frequently asked questions about prescription drugs. The website also has several links to agencies throughout Pennsylvania if you are seeking help with a prescription drug addiction.


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Ciccarelli Law Offices | West Chester Prescription Drug DUI Lawyer

Were you arrested in southeastern Pennsylvania for DUI because you were allegedly under the influence of a prescription medication? You should contact Ciccarelli Law Offices as soon as possible for help exploring all of you possible legal defenses.

Our West Chester criminal defense attorneys have offices in West Chester, Springfield, Philadelphia, King of Prussia, Lancaster, Kennett Square, Radnor, Plymouth Square, and Malvern. Call (610) 719-3200 or complete an online contact form today to schedule a free consultation that will allow our lawyers to provide an honest and thorough evaluation of your case.


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