DUI Defense Attorneys in Pittsburgh, PA
A Pittsburgh DUI lawyer with Worgul, Sarna & Ness could be the difference in getting a reduction, a dismissal of your charges, or preserving your ability to drive.
Contact our DUI lawyers in Pittsburgh today or call 412-281-2146 to schedule a free and confidential DUI consultation.
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Free Consultation With A DUI Attorney in Pittsburgh, PA
Not interested in reading about Pennsylvania DUI laws? That’s okay. Our DUI attorneys in Pittsburgh are here to answer any questions you might have and to help you navigate the Pennsylvania criminal justice process. Learn more about your rights and options when facing drunk driving charges in Pittsburgh, Allegheny County, and elsewhere in Pennsylvania. Call 412-281-2146 or submit an online request for your free, confidential DUI consultation.
Contact Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC for a free consultation. Our Pittsburgh DUI lawyers appreciate what is at stake for you if convicted of a DUI, and we relentlessly pursue the best possible resolution.
Pennsylvania DUI Laws
Under 75 Pa. Code §3802, it is illegal to drive under the influence of alcohol, a controlled substance, or both.
Pennsylvania’s legal limit for drivers over 21 is 0.08%. For drivers under 21, the BAC is 0.02% or higher. If you have a CDL the limit is 0.04%. You can be charged with a DUI in Pennsylvania if you drive, operate, or are in actual physical control of a vehicle under the following:
- You are incapable of safely driving, operating, or being in physical control of the vehicle.
- Your BAC is at least 0.08%.
You may also be charged with a DUI in Pennsylvania if you:
- Have a controlled substance or a metabolite in your blood.
- Are under the influence of drugs and/or alcohol to the degree that impairs your driving.
Pennsylvania DUI Penalties & Jail Time
Pennsylvania has a tiered system of penalties for DUIs based on the level of your BAC, your past record, and other aggravating factors.
DUI Penalties Chart
Choose the offense and BAC to view specific penalties.
How Many offenses have you had?
What Was your blood alcohol content?
| Jail TimeUp to 6 months probation | Fine$300 | License SuspensionNone |
| Ignition InterlockNone | Court-Oriented TreatmentYes | Alcohol Safety SchoolYes |
| Jail Time2 Days to 6 Months | Fine$500 – $5,000 | License Suspension1 year |
| Ignition InterlockNone | Court-Oriented TreatmentYes | Alcohol Safety SchoolYes |
| Jail Time3 days to 6 months | Fine$1,000 – $5,000 | License Suspension1 year |
| Ignition InterlockNone | Court-Oriented TreatmentYes | Alcohol Safety SchoolYes |
| Jail Time5 days to 6 months | Fine$300 – $2,500 | License Suspension1 year |
| Ignition Interlock1 year | Court-Oriented TreatmentYes | Alcohol Safety SchoolYes |
| Jail Time30 days to 6 months | Fine$750 – $5,000 | License Suspension1 year |
| Ignition Interlock1 year | Court-Oriented TreatmentYes | Alcohol Safety SchoolYes |
| Jail Time90 days to 5 years | Fine$1,500 – $10,000 | License Suspension18 months |
| Ignition Interlock1 year | Court-Oriented TreatmentYes | Alcohol Safety SchoolYes |
| Jail Time10 days to 2 years | Fine$500 – $5,000 | License Suspension1 year |
| Ignition Interlock1 year | Court-Oriented TreatmentYes | Alcohol Safety SchoolYes |
| Jail Time90 days to 5 years | Fine$1,500 – $10,000 | License Suspension18 months |
| Ignition Interlock1 year | Court-Oriented TreatmentYes | Alcohol Safety SchoolYes |
| Jail Time1 year to 5 years | Fine$2,500 – $10,000 | License Suspension18 months |
| Ignition Interlock1 year | Court-Oriented TreatmentYes | Alcohol Safety SchoolYes |
Common Consequences for a DUI in Pittsburgh, PA
Drunk driving in PA is usually a misdemeanor conviction and can result in jail time, probation, a lengthy driver’s license suspension, and other serious consequences.
First DUI Offense
Ungraded misdemeanor, no jail time, up to six months of probation, a fine of $30, alcohol safety school, and treatment.
First DUI With a High BAC (0.10 and 0.159%)
Ungraded misdemeanor, punishable by two days to six months in prison, a fine up to $5,000, a one-year license suspension, alcohol safety school, and treatment.
First DUI With an Extreme BAC (0.16% or Higher)
Ungraded misdemeanor, punishable by three days to six months jail, a fine up to $5,000, one-year license suspension, alcohol safety school, and treatment.
Second DUI Offense
Ungraded misdemeanor, punishable by five days to six months in jail, a fine up to $2,500, a one-year license suspension, one-year ignition interlock device installed on your vehicle, alcohol safety school, and treatment.
Second DUI With a High BAC (0.10 and 0.159%)
Ungraded misdemeanor, punishable by 30 days to six months in jail, a fine up to $5,000, a one-year license suspension, one year of an IID on your vehicle, alcohol safety school, and treatment.
Second DUI With an Extreme BAC (0.16% or Higher)
Ungraded misdemeanor, punishable by 90 days to five years in jail, fines up to $10,000, 18-month license suspension, one-year IID installation, alcohol safety school, and treatment.
Third DUI Offense
Second-degree misdemeanor, punishable by ten days to two years in jail, a fine up to $5,000, a one-year license suspension, one-year IID installation, alcohol safety school, and treatment.
Third DUI With a High BAC (0.10 and 0.159%)
First-degree misdemeanor, punishable by 90 days to five years in jail, a fine up to $10,000, 18-month license suspension, one year of an IID on your vehicle, alcohol safety school, and treatment.
Third DUI With an Extreme BAC (0.16% or Higher)
Third-degree felony, punishable by up to seven years in prison, a fine up to $15,000, an 18-month license suspension, a one-year IID installation, alcohol safety school, and treatment.
Deana’s Law Could Increase Your DUI Penalties
Passed in 2022, Act 59—known as Deana’s Law—increases DUI penalties for repeat offenders. Specifically, the law states that someone who:
- Commits a DUI and refuses a breath or chemical test
- Has a BAC of .16 or higher; OR
- Commits a DUI involving a controlled substance
will face third-degree felony charges if they have two prior offenses. These charges could result in a max prison sentence of seven years. If you have three or more prior offenses, you face second-degree felony charges, which result in up to ten years in prison. Furthermore, the law states that an individual’s sentence will be served consecutively with any other sentence the court imposes.
Other DUI Consequences
Whether you’re found guilty or agree to a plea, a DUI gives you a permanent criminal record. This can have a profound, negative impact on your life:
- Ineligibility or difficulty obtaining professional licenses, including a CDL
- Difficulty obtaining a job
- Difficulty getting approved for rental housing
- Immigration issues
- Child custody and visitation issues
- Higher auto insurance premiums
DUI Challenges for Students in Pennsylvania
Student or underage offenders might find it challenging to get into college and qualify for financial aid, such as grants and scholarships. You might also have trouble finding and retaining a good job if you have an underage DUI.
Penalties For Repeat DUI Offenders in Pennsylvania
In December 2018, Pennsylvania passed Act 153, which increases penalties for repeat DUI offenders and those who cause deaths while under the influence. According to Act 153, a third-time DUI conviction with a high BAC can be charged as a felony within ten years.
Additionally, it allows for increased penalties for DUI Homicide, which was three years in prison and is now up to seven years in prison. It also increases penalties for driving under the influence while under a DUI license suspension.
DUI Charges Can Be Dismissed, Reduced, And Other Alternatives
Drunk driving is among the most common criminal charges people in Pittsburgh, PA face. This is because anyone can make a mistake. It’s also why our DUI lawyers in Pittsburgh are committed to helping people move on, so a single incident doesn’t define the rest of your life.
Don’t be discouraged if you’re accused of drunk driving in Pittsburgh. The law allows for some alternatives to help you. For instance, if it is your first DUI offense in PA, you could be eligible for Pennsylvania’s Accelerated Rehabilitation Disposition Program (ARD).
No DUI Case is Hopeless
ARD is one option for avoiding jail and a criminal record for driving under the influence, but there are others. If mistakes were made or you want to prove your innocence, working with a Pittsburgh DUI lawyer can help secure a dismissal, reduced charges, or acquittal.
Our DUI lawyers in Pittsburgh, PA may be able to:
- Challenge the DUI stop
- Question the validity of any DUI tests
- Help you arrange bail
- Get you driving privileges and protect your license
- Negotiate a reduced charge or another favorable result
- Collect evidence and witnesses to prove your innocence
Get your free consultation today.
How to Defend Against DUI Charges in Pennsylvania
We know how to fight DUI charges, whether it was a lapse in judgment or you were never impaired.
We hear two common questions from people charged with drunk driving:
- How Can I Fight a DUI?
- Can I Get out of a DUI if I was drinking and driving?
Your DUI Defense Options
Let our Pittsburgh DUI attorneys help you understand what you are up against and aggressively defend you in court.
Many potential defenses could apply to your DUI case, even if you got behind the wheel after having a couple of drinks.
The Police Had No Probable Cause To Stop You
Our DUI lawyers investigate all the facts of your DUI case to determine whether or not the police stop of your car was legal. If the stop wasn’t legal, then the evidence gathered during the stop is inadmissible and can’t be used in court.
The police must have probable cause to pull you over for a DUI stop. For example, they would need to have observed your car weaving between lanes or nearly hitting another vehicle. If they did not, the stop should not have been made, and any evidence obtained during the stop will not be admissible.
What’s Allowed?
Federal law strictly governs police stops to safeguard your fundamental rights. The Fourth Amendment of the U.S. Constitution protects you from unreasonable government searches and seizures. Under this protection, there are three kinds of permissible contact with citizens:
- Mere Encounter – This is a casual encounter. You have no legal obligation to answer questions.
- Investigative Intention – Police have the authority to stop your vehicle if they have a reasonable suspicion that you are in the act of violating or have violated a law.
- Custodial Detention or Arrest – Police may arrest you if they have probable cause that a crime is occurring or did take place.
You Were Not on a Public Road
Pennsylvania DUI laws stipulate police may stop a vehicle only on a public road or in a location open to the public for vehicular traffic. If you were driving your car on private property not open to general traffic, your DUI charges would not hold up in court.
Insufficient Evidence of Impairment
The police will look you over for signs of intoxication during a stop, such as alcohol on your breath, mumbled speech, or glassy, bloodshot eyes. They intend to use what they observe to establish probable cause for DUI charges. However, police officers make mistakes.
In this video, DUI attorney Mike Worgul explains some possible defense to your DUI charges.
Questioning DUI Tests in Pennsylvania
A DUI attorney in Pittsburgh, PA can challenge your arrest if the police force you to take a field sobriety test on faulty observations. For example, allergies cause bloodshot eyes. Suppose your arrest is based on an officer noticing your bloodshot eyes and asking you to take a field sobriety test when you weren’t drunk. In this example, we could have your DUI charges dismissed.
A DUI Checkpoint Did Not Meet Standards
A DUI checkpoint must comply with specific rules. For example, the checkpoint must be marked. The police need to choose the vehicles they stop in an objective, non-discriminatory manner. A drunk driving defense attorney can challenge the charges against you if there are irregularities in the DUI checkpoint.
The DUI Test Was Unreliable
We may challenge a DUI test because it can be unpredictable. Whether it was a field sobriety test or chemical test to determine your BAC, it must be administered correctly with reliable equipment and trained personnel.
The Breathalyzer Was Inaccurate
Breathalyzers, often used by police to test blood alcohol levels, are increasingly disputed for inaccuracy. Many scientists have concluded that breath testing is not an accurate way to measure BAC. Expert studies quoted by the National Motorists Association show a margin of error of as much as 50% compared to actual blood alcohol content.
Additionally, if a breathalyzer isn’t calibrated or operated correctly, it can produce incorrect readings. Factors such as acid reflux disease can also affect results. A recent Pennsylvania court decision in Dauphin County led to a judge ruling that Intoxilyzer 5000 breathalyzers can’t be proven accurate beyond .15% BAC.
Refusing DUI Tests in Pennsylvania
To find clues that you are inebriated, the police will likely ask you to submit to certain field sobriety tests. They might include the:
- one-leg stand
- Walk-and-turn test
- Horizontal gaze nystagmus test
These tests are not very reliable or scientific, and you are not required to submit. If the police want you to perform a physical test, you can politely say no. No federal or state law requires you to perform any field sobriety test.
Will I be Arrested if I Refuse a DUI Test?
In many situations, you will be arrested anyway. When an officer asks you to take a field sobriety test, they are likely convinced you have been drinking. Your next step is to comply and immediately contact the best DUI attorney near you.
Chemical DUI Tests in Pennsylvania
Drivers in Pennsylvania have given implied consent to submit to one or more chemical tests to determine the alcohol content of your breath and blood. There are civil and potentially criminal when you refuse a BAC test after arrest.
Penalties for Refusing a BAC Test in Pennsylvania
If you refuse a breath or blood BAC test, your driver’s license is suspended for 12 months. When you have a second or subsequent refusal, the civil suspension lasts 18 months.
Can I Appeal a Civil Suspension in Pennsylvania?
You can appeal a civil driver’s license suspension by requesting a hearing. But this request must be done quickly. Call our Pittsburgh DUI attorneys immediately if you are arrested, refuse to take a chemical test, and receive notice of an administrative license suspension.
Other Pittsburgh DUI FAQs
1. Can I Get a DUI If I’m Under .08% in Pennsylvania?
Yes. A DUI indicates that you were driving under the influence, whether or not you were at the legal limit. The police may use a breathalyzer to collect evidence that you were intoxicated; however, the prosecutor may use other information against you as well. The educated opinion of the arresting officer will be considered, as well as the results of any field sobriety tests, your behavior, how you were driving, and any other evidence of impairment.
2. What Is an Ignition Interlock Device?
An ignition interlock device, or IID, is a small machine installed in your car after a DUI that detects the amount of alcohol in your breath. If the IID detects more alcohol than is permitted in your breath, then it will prevent your vehicle from starting and you will be unable to drive. An IID is often required for second, third, and subsequent DUIs. Sometimes you can get an IID installed to regain driving privileges.
3. Will My DUI Case Go to Trial?
Most DUI cases do not go to trial. They are usually pleaded out and the DUI charges are either dropped or negotiated down in a plea agreement. However, if you want to dispute the facts of your case and the prosecutor refuses to drop the case, then you may need to go to trial. It’s best to work with a skilled DUI defense lawyer if you are considering a trial. Public defenders rarely go to trial, and they often try to handle cases as quickly as possible because of large caseloads. If you do go to trial and lose, you may be able to appeal your DUI conviction.
4. What If a DUI Involved Drugs?
A drug DUI involves driving under the influence of marijuana, prescription drugs, or illegal substances. Although medical marijuana is legal in Pennsylvania, it is still illegal to drive while intoxicated by the substance. However, it is often difficult for a police officer to determine that a driver is under the influence of drugs. Thus, it may be possible to get your charges dismissed entirely.
5. Can I represent myself in a DUI case?
The court does allow those who have been arrested for driving under the influence to represent themselves. However, this is not recommended.
DUI laws are complex and penalties are impacted by a number of factors. Without extensive knowledge and experience in this field, it’s unlikely that you’ll be able to defend yourself in a meaningful way against a prosecutor with substantial experience in DUI cases. Hiring a Pennsylvania DUI attorney is the best way to protect yourself.
6. What is ARD and am I eligible for it?
Pennsylvania has an Accelerated Rehabilitative Disposition (ARD) program designed for first-time DUI offenders. If you successfully complete the ARD program, your charges may be expunged, essentially giving you a fresh start.
However, you have to meet certain qualifications; it must be your first DUI within the past 10 years, there must not have been anyone younger than 14 in your car at the time, and there must be no serious injuries associated with your DUI.
7. What will happen to my driver’s license?
On a first offense with a BAC below 0.10%, you may keep your license if you meet certain criteria. Subsequent offenses require a 12-month suspension. With a BAC of 0.10% or higher, you lose your license for 12 to 18 months. If you enter an ARD program, you may keep your license or lose it for no more than 60 days, depending on your BAC level.
8. What can I do to improve my situation?
You can reach out to an attorney as soon as possible. The effects of a DUI conviction can impact every area of your life for years to come, and you should do everything within your power to reduce or eliminate your charges.
9. Can I get a DUI expunged?
Generally, you can only get a DUI expunged in Pennsylvania if you successfully complete an ARD program. Otherwise, you have to meet very strict requirements for expungement. An individual who is at least 70 years old and has not been arrested in the previous 10 years may qualify for expungement, as does an individual who has been deceased for at least three years.
10. Where can I find more information on DUIs and related topics?
- Alcohol Treatment Resources
- What If I’m Double the Legal Limit?
- Things That Make a DUI Worse
- Marijuana DUIs in Pittsburgh
- Disclosing a DUI on Job Applications
- Reducing a DUI to ‘Wet Reckless’
- Can a DUI Be Expunged?
- DUI with Child Passenger
- Can You Still Get A Gun Permit With a DUI?
- Glossary of DUI Terms
Why Choose Worgul, Sarna & Ness as Your DUI Attorneys
We build you a strong DUI defense.
Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC is a Board Certified criminal defense firm focusing on DUI defense. Our local DUI lawyers understand what it takes to get the best possible outcome for those facing drunk driving charges.
In some situations, this could mean successfully negotiating a plea to a lesser charge. Other times, our experienced DUI trial lawyers fight in the courtroom to defend the allegations against you.
DOn’t take our word for it though. Check out the 300+ 5-star reviews that satisfied clients have left us on Google.
Free Consultation With A Pittsburgh DUI Lawyer
Learn more about your rights and options when facing drunk driving charges in and around Pittsburgh, PA. Contact Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC for a free consultation. Our Pittsburgh DUI lawyers give you open and honest information. We provide a realistic potential outcome of your case. Our DUI attorneys appreciate what is at stake for you if convicted, and we relentlessly pursue the best possible resolution.
Call 412-281-2146 or submit an online request for your free, confidential DUI consultation.
Client Reviews
Check out what Raymont had to say about us on Avvo: Rating: 5/5 ⭐⭐⭐⭐⭐
“First, I’d like to state on the record that if you don’t decide to go with Worgul Law Firm, you’re basically setting yourself up for failure. Before stumbling upon Mike I talked and visited with a verity of DUI defense attorney’s and though I am not bias towards public defenders I do feel as though every defense attorney responded to my case in a manner where it was better for me to take a plea deal being that this would be my 3rd DUI charge. Mike’s diligence towards my case was impeccable, and he will let you know his real thoughts and feelings about the case w/out easily swaying you into a detrimental situation. Today I went on trial for a 3rd DUI offense and won. This was a trial of one African-American male with only his African-American partner as a witness verse three Caucasian cops who tried to concoct a story different than what was initially given at the preliminary hearing. Mike showed no bias towards me nor my case. When you come into contact with Mike it feels as though your venting to a friend or family member who will delegate and immediately push for a positive outcome to your situation. Now, I do want to advise in advance that he is an extremely busy man (because he’s the best), so if he misses your call just know that he will always get back to you as soon as possible (I had to learn that lol)! At the end of the day Worgul Law Firm was the right move for me and it could be for you too!”
