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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

Second DUI

When a person has been arrested for driving under the influence (DUI) of alcohol or a controlled substance for the first time, he or she may be able to use his or her lack of a prior criminal record as evidence that the alleged offense was a single isolated incident deserving of some leniency. However, judges and juries may be more skeptical when an alleged offender has been arrested for a second offense of drunk driving.

If convicted of a second DUI charge, a person can expect increased penalties including bigger fines and longer terms of imprisonment. An alleged offender could also have his or her license suspended and the effect of having this type of conviction on his or her criminal record may cause additional employment complications.

West Chester Second DUI Lawyer

If you have been charged with drunk driving in Pennsylvania for the second time, you will want to seek experienced legal representation as soon as possible. Ciccarelli Law Offices thoroughly investigates these cases and fight to get criminal charges reduced or completely dismissed.

Our Chester County second DUI attorneys work as a team to help clients in and around West Chester, including such communities as West Goshen, Phoenixville, Coatesville, Easttown, and West Caln. You can receive a complete evaluation of your case as soon as call (610) 719-3200 to schedule a free, confidential consultation.


Chester County Second DUI Information Center


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Penalties for Second DUI in Pennsylvania

Under 75 Penn. Cons. Stat. § 3802, a person cannot drive, operate, or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that he or she is rendered incapable of safely driving, operating, or being in actual physical control of the movement of the vehicle. In most DUI cases, a driver’s intoxication is proven through a blood or breath test that determines the alleged offender’s alcohol concentration.

The breath or blood alcohol concentration (BAC) will result in one of three classifications for the DUI offense:

  • General Impairment — BAC of at least 0.08 percent but less than 0.10 percent;
  • High Rate of Alcohol — BAC of at least 0.10 percent but less than 0.16 percent; or
  • Highest Rate of Alcohol — BAC of 0.16 percent or higher.

Refusal to submit to chemical resting or DUI involving a controlled substance will be classified as the highest rate of impairment. The classification of the DUI will affect the nature of the possible penalties, and an alleged offender may receive the following punishments if he or she is convicted:

  • General Impairment:
    • Misdemeanor;
    • Term of imprisonment of not less than five days and not more than six months;
    • Fine of not less than $300 and not more than $2,500; and
    • License suspended for 12 months.
  • High Rate of Alcohol:
    • Misdemeanor;
    • Term of imprisonment of not less than 30 days and not more than six months;
    • Fine of not less than $750 and not more than $5,000; and
    • License suspended for 12 months.
  • Highest Rate of Alcohol:
    • First-degree misdemeanor;
    • Term of imprisonment of not less than 90 days and not more than 60 months;
    • Fine of not less than $1,500 and not more than $10,000; and
    • License suspended for 18 months.

People who are convicted will also have to attend an alcohol safety school approved by the Pennsylvania Department of Transportation (PennDOT) and comply with all drug and alcohol treatment requirements imposed 75 Penn. Cons. Stat. §§ 3814 and 3815.


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Ignition Interlock Requirements for Chester County Second DUI Offenses

75 Penn. Cons. Stat. § 3805 states that a person who violates 75 Penn. Cons. Stat. § 3802 relating to DUI and has a prior DUI offense within the past 10 years will be required to install an ignition interlock device on each motor vehicle her or she owns or is registered to him or her. This is mandatory for alleged offenders in highest rate of alcohol cases.

People who are convicted of DUI for a second time must maintain these devices in their vehicles for one year before they can be issued an unrestricted driver’s license. The costs that PennDOT estimates to be $1,000 per system for installing and maintaining ignition interlock devices are the responsibility of the alleged offenders.

Alleged offenders may be able to qualify for one of two exemptions under Pennsylvania law:

  • Economic Hardship Exemption 75 Penn. Cons. Stat. § 3805(e) — A person may apply to PennDOT for an exemption to having to install an ignition interlock system on each of his or her motor vehicles if he or she establishes that such a requirement would result in undue financial hardship. If approved, the alleged offender would only need to install an ignition interlock system on one of his or her motor vehicles.
  • Employment Exemption, 75 Penn. Cons. Stat. § 3805(f) — An alleged offender may drive, operate, or be in actual physical control of the movement of a motor vehicle in the course and scope of employment without installation of an ignition interlock system if his or her employer has been notified that the employee is restricted and the alleged offender has proof of the notification in the employee's possession while driving, operating, or being in actual physical control of the movement of the employer's motor vehicle.

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Pennsylvania Second DUI Defenses

Certain police errors or violations of the alleged offender’s rights can result in DUI charges being significantly reduced or totally dismissed. If you have been arrested for your second drunk driving offense, do not plead guilty without first speaking with a knowledgeable criminal lawyer.

You should have an attorney see whether any of the possible issues apply to your case:

  • No Probable Cause — Police are not allowed to stop vehicles based on anonymous reports or without having seen some type of traffic violation;
  • Testing Issues — Field sobriety tests may have been improperly administered or chemical tests may have been conducted by officers who were not licensed or using equipment that was not properly calibrated;
  • No Warnings — Evidence may become inadmissible if a police officer failed to read an alleged offender a Miranda or O’Connell Warning;
  • Dash Cam Video — The observations a police officer alleges in his or her written report may not be supported by the recording of the actual traffic stop; or
  • External Factors — Weather conditions or an alleged offender’s medical issues are two examples of aspects that may lead to a police officer concluding a driver is intoxicated when he or she is not.

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Find a Second DUI Lawyer in West Chester

Were you arrested for drunk driving after having already been convicted of DUI once before? It is critical that you immediately obtain skilled legal counsel.

Ciccarelli Law Offices fights on behalf of clients throughout Chester County, including Montgomery County, Delaware County, Lancaster County, and the greater Philadelphia area. Our Chester County second DUI attorneys can review your case when you call (610) 719-3200 today to take advantage of a free consultation.

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