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Many people who have been charged with a DUI are unclear on Pennsylvania’s laws, or how a conviction for driving under the influence of alcohol or drugs can affect their futures. Although seemingly common, DUI charges can have grave effects on your career, education, and/or personal life. A conviction for drinking alcohol and driving can result in a driver’s license suspension, jail time, fines, and more.
If you have been charged with a DUI in Chester County, it is important to contact an experienced criminal defense attorney who is knowledgeable about Pennsylvania’s DUI laws. Michael J. Skinner aggressively fights for each of his clients charged with drunk driving. With years of experience handling similar cases, he’s ready to help you.
Skinner Law Firm knows that entering a guilty plea for many clients is not an option, and will make every effort to avoid a criminal conviction for their clients. Call (610) 436-1410 today for a consultation with a DUI lawyer, or reach out online.
In many cases, factors other than alcohol intoxication or impairment from a controlled substance can lead to irregular driving or poor performance on DUI tests. These factors can result in driving patterns or behavior that initially indicates driving under the influence to a law enforcement officer. Such factors can include:
Effective September 30, 2003, the Pennsylvania legislature overhauled the Commonwealth’s DUI laws. The legal limit in Pennsylvania changed from a blood alcohol concentration (BAC) limit of .10% to .08%. Known as the “per se” version of DUI, even if a driver is not actually impaired, they still may be considered driving under the influence based solely on the fact that their BAC was above the legal limit.
Even in cases in which a BAC is not available, the prosecutor can still attempt to prove DUI under a theory that the person was incapable of driving safely while operating or being in control of a motor vehicle because they had consumed alcohol or were impaired by a controlled substance.
A professional non-profit dedicated to the improvement of the criminal defense bar, and to providing valuable information to the public about drunk driving laws. Members of the NCDD are considered the most experienced DUI defense attorneys in the United States and Canada.
The preeminent organization in the United States. NACDL serves as a leader in identifying and reforming flaws in the criminal justice system, and addressing systemic racism, and ensuring that the criminal defense bar is fully equipped to serve all accused persons at the highest level.
PACDL is the premier network of the best defense attorneys in PA with a mission to educate, advocate, and inspire by providing support for criminal defense lawyers, promoting effective competence, leveling the playing field, and protecting freedoms.
The Pennsylvania Bar Association promotes and protects the legal profession, the rights of Pennsylvania citizens and access to justice for all. Membership is open to any lawyer in good standing who is licensed by the Bar of Pennsylvania.
The American Bar Association is one of the world’s largest voluntary professional organizations, with over 400,000 members and more than 3,500 entities. Their mission is to serve its members, the legal profession, and the public by defending liberty and delivering justice as the national representative of the legal profession.
The CCBA promotes professionalism, inclusion, and collegiality within the Chester County legal profession, and enhances the quality of life of its members and the practice of law within the community.
The NORML Legal Committee (NLC) is composed of attorneys committed to the overall goals of NORML. NLC attorneys meet each year to discuss emerging legal issues related to defense of marijuana consumers and to support each other in the pursuit of justice.
The American Institute’s Criminal Law Division is an impartial third-party rating service recognizing the excellence of fellow practitioners. To help clients across the United States make educated decisions, we compile an exclusive list of the “10 Best” Attorneys for each State. Our “10 Best” is a prestigious honor extended only to those who have reached the top of their profession while doing so with the client’s satisfaction being of paramount importance.
The American Institute’s DUI/DWI Division recognizes the excellence of practitioners in the field of DUI/DWI defense. We compile an exclusive list of the “10 Best” Attorneys for each State for potential clients to utilize. We look for Attorneys that have achieved unparalleled success but most importantly have done so for the benefit of their client. Very few Attorneys can do so and our organization recognizes this significant achievement.
Attorney Michael Skinner has been consistently recognized as among the best lawyers in Chester, Delaware, and Montgomery counties. Attorneys are nominated via peer balloting, then vetted through our editorial process in various fields of practice.
The National Trial Lawyers: Top 100 is an invitation-only organization composed of the premier trial lawyers from each state. Membership is extended only to the most qualified attorneys who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile. Each of our distinguished members possesses the knowledge, skill, experience, and success held by only the best and finest lawyers in America.
The Super Lawyers list recognizes no more than 5 percent of attorneys in each state. The Rising Stars further distinguishes no more than 2.5 percent of attorneys, and to be eligible, a Rising Stars candidate must be either 40 years old or younger, or in practice for 10 years or less who have attained a high-degree of peer recognition and professional achievement.
Pennsylvania law provides for three umbrella categories of DUI offenses based on different levels of impairment. The consequences for offenses committed at each level of impairment increase as the driver’s BAC increases. According to Pennsylvania Statutes § 3804, the categories and penalties for first, second, and third DUIs are:
With no prior convictions, a first DUI involving a BAC of 0.08% to .099% is considered an ungraded misdemeanor. Under Pennsylvania law, the courts will typically impose the statutory minimum sentence of six months’ probation and complete the following:
With one prior DUI conviction, a second DUI involving a BAC of 0.08% to .099% is also considered an ungraded misdemeanor. The court will typically impose the statutory minimum sentence of five days in jail and complete the following special conditions:
With two previous drunk driving convictions, a third DUI involving a BAC of 0.08% to .099% is considered a second-degree misdemeanor. Per PA law, the courts will typically impose the statutory minimum sentence of:
With no prior DUI convictions, a first DUI involving a BAC of .10% to .159% is considered an ungraded misdemeanor. Under Pennsylvania law, the courts will typically impose the following sentence:
With one prior conviction for drunk driving, a second DUI involving a BAC of .10% to .159% is considered an ungraded misdemeanor. If convicted, the courts will typically impose the following sentence:
With two prior DUI convictions, a third DUI involving a BAC of .10% to .159% is considered a first-degree misdemeanor. As such, the courts will likely impose the following sentence:
With no prior DUI convictions, first DUI involving a BAC of .16% and higher is considered a misdemeanor of the first degree. Under Pennsylvania law, the courts will typically impose the following:
With one prior conviction for drunk driving, a second DUI involving a BAC of .16% and higher is considered a first-degree misdemeanor. Under PA law, the court will typically impose the following conditions:
With two prior DUI convictions, a third DUI involving a BAC of .16% and higher is considered a third-degree felony. Under Pennsylvania law, the courts will typically impose the statutory minimum sentence of:
Besides getting charged with an offense for operating a vehicle while under the influence of alcohol, you can also face charges for the following offenses:
DUI with a Refusal to Submit to BAC Testing
If a driver refuses to submit to chemical testing of his/her breath or blood to determine his/her BAC, then Pennsylvania law imposes some of the most severe punishments, which are the same penalties as those imposed for drivers with the highest DUI impairment.
DUI by Controlled Substance
If a driver is charged with DUI because of driving under the influence of any controlled substance, then Pennsylvania law imposes those same categories of punishments that apply to drivers with the highest BAC impairment level.
Underage DUI
Those under the age of 21 face harsher BAC standards when it comes to drunk driving in Pennsylvania. If you are under the legal drinking age and get behind the wheel of a car with a BAC of .02% or higher, you will be charged with a DUI.
Depending on the facts of your case, your criminal history (or lack thereof), and several other factors, other penalties you might face for a DUI include:
Accelerated Rehabilitative Disposition (ARD)
Under the Commonwealth’s law pertaining to Accelerated Rehabilitative Disposition (ARD), the court must impose driving suspensions based on the following BAC ranges:
Enhanced Penalties Based on a Driver’s Status
Under Pennsylvania’s DUI laws, certain types of drivers may be subjected to the penalties normally reserved for those convicted of enhanced BAC levels, even if the BAC is not in a high category. Examples of these types of drivers include:
Collateral Consequences of a DUI Conviction
What many people who are charged with drunk driving fail to realize is that there are a number of non-statutory consequences of a conviction. If you are a teacher, doctor, or other licensed professional, you could lose your ability to practice your chosen career. Depending on your family situation, you could lose custody of your children. To avoid these harsh consequences, reach out to a drunk driving attorney today.
From day one I felt comfortable with him and confident that he would help me get the best outcome available.
5
12-19-2018
Chesco
Mr Skinner always kept us updated about the case and was prompt with his responses.
5
12-13-2018
Robert
I would highly recommend him to anyone facing charges or violations in Chester County.
5
08-16-2019
Dylan
I don’t think it is possible for a better outcome than what was achieved by Michael J Skinner.
5
12-14-2017
Keith
He is very nice and will work with to help get you the best possible outcome.
5
07-08-2018
Katie
He took me through everything step by step and charged me a fair price for his service.
5
11-26-2019
Mckenzie
Going above and beyond for their clients is an understatement.
5
12-20-2018
James
I went to Skinner after researching all the law firms in the area and without a doubt would go to him for everything.
5
05-15-2019
Jordan
Mike Skinner resolved this case in the best way possible, and I am eternally grateful for his advice and counsel.
4
11-30-2019
Judy
Working with Mr. Skinner has been a pleasure.
5
12-19-2018
Jessel
He is very professional and understanding of each person’s needs.
5
05-19-2019
Gary
He is very informative and knowledgeable. I had no trouble contacting him to answer questions or give me advice.
5
11-29-2019
Miles
I was nervous regarding my situation, but after a brief conversation describing my charges and the delicacy of my situation, Michael assured me he could easily handle this case.
5
11-23-2019
Dan
Michael Skinner EXPERTLY handled a very sensitive case.
5
12-10-2018
Matt
He was able to reduce my son’s sentence from a potentially harsh fine, loss of driving privileges or even jail time, down to a few community service hours.
5
10-11-2018
T.F.
Anyone faced with a DUI charge needs Mike Skinner.
5
12-17-2018
T McGov
I was a little nervous about everything and just 5 minutes of talking with Mike, I felt at ease.
5
12-18-2018
Garry W.
His diligence and professionalism are unmatched making it a pleasure to have been a client.
5
12-19-2018
Dalton
A top-notch attorney in West Chester.
5
10-10-2019
Emily
Michael and Nichole made me feel comfortable as you truly feel that you are discussing your problem with friends.
5
11-15-2018
John
I am thankful I found and chose Michael Skinner.
5
05-17-2019
B.H.
Michael was able to give me clear guidance on my legal options and explained each step of the process.
5
11-15-2019
Moh Nica
His calm presence is also very reassuring for his clients. Highly recommend choosing him.
5
05-21-2019
Kevin
If you work with him, he will get you what you want/deserve.
5
06-13-2018
John K.
Michael Skinner is an excellent lawyer that knows your rights, and he will indeed fight for you.
5
12-04-2018
Jamal
Michael Skinner and his staff made me completely comfortable and confident
5
07-11-2019
Jason
He was extremely helpful and knowledgeable.
5
06-14-2018
Kelly
He was very negotiable and understanding of my circumstances.
5
11-14-2018
Sahmere
Mike’s attention to detail and professionalism put my mind at ease.
5
09-10-2019
Mike
Extensive experience with defending DUI’s and I saw this confidence in the courtroom.
5
12-17-2018
Anne
He was able to get me a lesser sentence and always treated me with respect throughout.
5
12-08-2019
Ricky
Pennsylvania law provides for certain DUI driver’s license suspensions based on the number of prior offenses, level of impairment as measured by a person’s BAC, whether the driver was under the influence of any controlled substance, and other factors. The suspensions are as follows:
An ignition interlock system, along with an Ignition Interlock Limited License is now mandatory for first-time DUI offenders with high blood alcohol levels, repeat DUI offenders, and for individuals who refuse chemical testing.
An IID is installed in a vehicle to prohibit someone under the influence of alcohol from operating the vehicle. Before starting the vehicle. an individual is required to blow into the device. If the device detects alcohol, it will not start. In addition, at periodic times during its operation, the individual will be prompted to blow into the device to ensure they are not under the influence. An Ignition Interlock system is leased from approved Ignition Interlock vendors and the current average costs associated with leasing an IID is between $900 to $1,300 per year.
An Ignition Interlock Limited License is also issued to drivers whose privileges are suspended or revoked for driving under the influence or refusal to submit to chemical testing. An Ignition Interlock Limited License permits an individual to only operate a motor vehicle equipped with a functioning Ignition Interlock system during their suspension or revocation period. From the date the Ignition Interlock License is issued to the time an unrestricted driver’s license is reissued, an individual may not operate any vehicle not equipped with an IID.
Upon hearing the facts of your particular case, your attorney may be able to identify defenses to your DUI arrest or address other mitigating factors to reduce your charge or even have it dismissed. Common DUI defenses include:
If you’ve been charged with drunk driving in Chester County or the surrounding areas, there are a number of resources you might find helpful as you begin to navigate the legal process:
West Chester Police Department
The West Chester Police Department is a Pennsylvania law enforcement agency dedicated to protecting and serving the community. The department is located at:
401 East Gay Street
West Chester, Pennsylvania 19380
Phone: (610) 696-2700
Alcoholics Anonymous
This organization is a fellowship for men and women who desire to quit drinking alcohol, support each other, and share their experiences from their addiction to alcohol and their paths to recovery.
Title 75 of PA’s Consolidated Statutes (Vehicles)
This online resource has all of Pennsylvania’s rules regarding offenses and penalties associated with driving under the influence.
The Pennsylvania branch of this national organization seeks to stop impaired driving and has created a variety of initiatives for adult education, youth education, and prevention, and to reach out to culturally diverse communities.
Pennsylvania Department of Transportation
This Pennsylvania state agency has information about driver’s license suspensions, reinstatements, renewals, commercial driver’s licenses, and a variety of other information.
When you have been charged with drunk driving, a lot is on the line. You could go to jail, lose your driver’s license, and even face repercussions in your personal life. With so much at stake, it’s important to have an experienced DUI attorney on your side who will protect your rights and freedom throughout the entire criminal justice process. Michael J. Skinner has over a decade of legal experience, and he’s ready to take on your case. He will listen to the facts of your particular situation, and help you identify any defenses or mitigating circumstances to your charge to find the most optimal outcome for your situation.
To schedule a confidential consultation of your case, call (610) 436-1410 today, or send a message online.