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.
David Strenfel is a highly experienced attorney who focuses on trial advocacy, constitutional law, and criminal defense.
Jonathon Luff has successfully represented countless clients and gain freedom for many wrongfully accused individuals.
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.
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.
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.
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:
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:
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.
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:
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:
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.