Best DUI Lawyers Philadelphia, PA Of 2024

• Daniel-Paul Alva
• Michael J. Diamondstein
• James A. Funt
• Steven E. Kellis
• Carina Laguzzi
• David B. Mischak
• Marc Neff
• David S. Nenner
• Michael Parkinson
• Brian J. Zeiger

Being charged with a DUI is not a small matter. Pennsylvania’s DUI laws use a tiered penalty system based upon BAC levels. Below is a basic outline of DUI laws in the state, as well as the penalties you could face upon conviction.

Legal Blood Alcohol Concentration (BAC) in Pennsylvania

The maximum legal blood alcohol concentration (BAC) limit a driver can have is 0.08%. Pennsylvania also operates under pe se laws, meaning that evidence by itself showing that a driver operated a vehicle with a BAC of over 0.08% is enough to convict them of a DUI. However, you do not need to be tested for an illegal BAC level to be convicted. If there is evidence you were driving a vehicle in an unsafe manner directly from alcohol consumption, you can still be convicted of a DUI.

BAC limits—along with previous offenses—directly correlate with higher penalties, including higher fines and longer jail time.

Implied Consent Laws in Pennsylvania

Under Pennsylvania’s implied consent law, any individual operating a vehicle is assumed to have given consent to one (or more) tests of their blood or breath. But, this requirement only comes into effect if they are legally detained by a police officer suspecting them of driving under the influence of alcohol or drugs.

If a breathalyzer test is refused, penalties apply and if the offender is sentenced, their license suspension time may also be increased.

DUI Penalties in Pennsylvania

The penalties you incur for driving under the influence depend on your BAC level and if you are a repeat offender. The table below shows a breakdown of the DUI penalties in Pennsylvania as set out by the state’s DUI laws.

	BAC of 0.08 to 0.099%	BAC of 0.10 to 0.159%	BAC of 0.16% or higher or controlled substances
No Prior Offenses	• Maximum of six months probation • $300 Fine • Alcohol highway safety school • Treatment when ordered by the court • Ungraded misdemeanor	• 12-month license suspension • Minimum 48 hours and maximum of six months jail time • Fines between $500 and $5,000 • Alcohol highway safety school • Treatment when ordered by the court • Ungraded misdemeanor	• 12-month license suspension • Minimum 72 hours and maximum six months imprisonment • Fines between $1,000 and $5,000 • Alcohol highway safety school • Treatment when ordered by the court • Ungraded misdemeanor
One prior offense	• 12-month license suspension • Minimum five days and maximum six months jail time • Fines between $300 and $2,500 • Alcohol highway safety school • Treatment when ordered by the court • One-year ignition interlock device • Ungraded misdemeanor	• 12-month license suspension • Minimum 30 days and maximum six months imprisonment • Fines between $750 and $5,000 • Alcohol highway safety school • Treatment when ordered by the court • One-year ignition interlock device • Ungraded misdemeanor	• 18-month license suspension • Minimum 90 days and maximum 5 years imprisonment • Fines between $1,500 and $10,000 • Alcohol highway safety school • Treatment when ordered by the court • One-year ignition interlock device • First degree misdemeanor
Two or more prior offenses	• 12-month license suspension • Minimum 10 days and maximum two years imprisonment • Fines between $500 and $5,000 • Treatment when ordered by the court • One-year ignition interlock device • Second degree misdemeanor	• 18-month license suspension • Minimum 90 days and maximum five years imprisonment • Fines between $1,500 and $10,000 • Treatment when ordered by the court • One-year ignition interlock device • First degree misdemeanor	• 18-month license suspension • Minimum one year and maximum five years imprisonment • Fines between $2,500 and $10,000 • Treatment when ordered by the court • One-year ignition interlock device • First degree misdemeanor
Three or more prior offenses	• 12-month license suspension • Minimum 10 days and maximum two years imprisonment • Fines between $500 and $5,000 • Treatment when ordered by the court • One-year ignition interlock device • Second Degree Misdemeanor	• 18-month license suspension • Minimum 1 year and maximum five years imprisonment • Fines between $1,500 and $10,000 • Treatment when ordered by the court • One-year ignition interlock device • First degree misdemeanor	• 18-month license suspension • Minimum one year and maximum five years imprisonment • Fines between $2,500 and $10,000 • Treatment when ordered by the court • One-year ignition interlock device • First Degree misdemeanor

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In addition to jail time, fines and license suspensions, persons convicted of a DUI could face other penalties.

• Ignition interlock device (IID): Depending on whether you are a repeat DUI offender and your BAC levels, you may be required to install an IID on your vehicle. This device prohibits you from operating a vehicle if it detects any alcohol on your breath when the device is blown into. The IID may also require additional tests to be completed while the driver is operating the vehicle.
• Alcohol Highway Safety School (AHSS): If you have high BAC levels or have committed a DUI previously, you are required to attend Pennsylvania’s Alcohol Highway Safety School. This program is designed to teach individuals the negative effects of alcohol on their driving ability, as well as how it affects their metabolism and judgment. Offenders are required to attend 12.5 hours worth of classes, or risk further penalties.
• Rehabilitation/Treatment: Offenders at various penalty levels may be required to attend court ordered DUI treatment through rehabilitation centers. These programs focus on helping the offender understand their issues with alcohol and how to correct them internally, rather than just face punishment.

What to Expect After a DUI Arrest in Pennsylvania

If a police officer suspects you have been driving under the influence, they will pull you over and initiate a field sobriety test or a breathalyzer test. If you test over the legal limit of .08 BAC, you’ll be taken to jail for the time being.

Once your information has been taken down, you will be taken for a preliminary arraignment at a courthouse, where a judge will read the charges against you and potentially set bail or other conditions for your release.

In addition to compiling evidence and gathering expert witnesses to solidify your case, DUI attorneys will guide you through the entire legal process from start to finish. These specialized criminal attorneys have extensive knowledge of DUI laws in the state(s) they practice in, and as a result, can offer you advice on any aspect of your matter—including whether to negotiate a plea bargain.

Selecting a lawyer to manage your DUI case can feel daunting—there are hundreds of options in Philadelphia alone. Though selecting a lawyer from a carefully reviewed list such as the one above is a prudent choice, there are some things you should watch for when selecting a DUI lawyer.

• Clear fee structure. When it comes to DUI cases, many attorneys work on a flat fee or per-hour basis. Ensuring that you understand how much your lawyer costs you, and what fee structure they use, helps you know what kind of a bill to expect—and if the attorney is worth it.
• Specialized experience. While many DUI lawyers may have extensive criminal defense experience handling a broad range of criminal cases, finding a lawyer that has deep experience with DUI cases specifically is crucial. A lawyer who has seen hundreds of DUI cases is able to craft a defense more efficiently, and potentially better, than someone who handles many different criminal cases.
• Trial history. Even if your DUI case never reaches trial, it is a good idea to hire an attorney who has extensive trial experience. If your lawyer is comfortable in front of a jury or judge, they will have more confidence in bringing your case to court if that is what your matter requires.

To come up with the best DUI lawyers in Philadelphia in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.

Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:

• Legal experience
• Special licenses and certifications
• Ethics and bar disciplinary measures
• Legal thought leadership
• Education and employment background
• Scholarly lectures and writings
• Awards and honors

Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.

Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.

One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.

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