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DUI Lawyer

Driving under the influence (DUI) is a serious crime in Pennsylvania. The penalties are tough and can affect many parts of your life. A DUI conviction can permanently alter your life by affecting your ability to drive, your job, and your future employment opportunities. It can also have dire consequences on your personal and professional life, including loss of reputation and employment opportunities. Even a first DUI can lead to big fines, losing your license, having to go to alcohol highway safety school, and possibly jail time.

If you are facing drunk driving charges, you need a skilled Pennsylvania DUI attorney who provides aggressive representation. DUI cases are criminal charges, and defending against such charges is crucial to protect your future. A good DUI lawyer knows the law well and can help you through the legal process. They will fight the evidence against you and protect your rights. Whether it is your first DUI or you have had others before, having a knowledgeable Pennsylvania DUI attorney can change the outcome of your case. Don’t take a DUI charge lightly—get expert legal help to build the best defense.

Talk to an Expert Before Your Court Date

Penalties for DUI have become stricter in recent years. If found guilty, judges must give mandatory jail time and large fines. Every DUI case in Pennsylvania is complex and detailed. It is very important to hire a DUI lawyer early. An experienced attorney with a strong record in DUI cases will guide you through the process and help get the best result. Aggressive legal representation is key to success.

At The Shelton Firm, our law offices explain all your options. This includes the Accelerated Rehabilitative Disposition (ARD) program, which is available for first-time DUI offenders in Pennsylvania and allows them to avoid a criminal record if they complete the program successfully, reducing charges, or going to trial. We serve clients in Chester County, Delaware County, Montgomery County, and Central Pennsylvania. Our team has local knowledge and offers a free consultation to discuss your case. Our attorneys have law degrees and experience as former prosecutors and senior assistant district attorneys, giving us valuable insight into how the prosecution and the district attorney’s office operate.

We are here to answer your questions at any time. Choosing a DUI lawyer who knows the local courts and district attorney’s office can help your case. We will review your case carefully, telling you the strengths and weaknesses so you understand your options. For those seeking reputable representation, Ciccarelli Law Offices is another example of a respected Pennsylvania DUI defense firm.

Have you been Charged?

What you need to know

What is a DUI? – The DUI Law in Pennsylvania states that a person, may not drive a vehicle if any of the following apply:

  • He has drunk enough alcohol to render him or her incapable of safely driving the vehicle
  • He drank enough alcohol to place his BAC level above the .08% level
  • There are any controlled substances, or metabolites of that substance, in their blood

DUI offenses in Pennsylvania are split into three levels based on BAC: General Impairment (0.08% to 0.099%), High Rate (0.10% to 0.159%), and Highest Rate (0.16% and above). The classification and penalties for each offense DUI depend on your blood alcohol content and any prior DUI convictions.

The penalties for DUI in Pennsylvania can include fines, license suspension, probation, and incarceration, depending on the severity of the offense and prior DUI convictions.

Is there Mandatory Jail time: One important thing to know is you will most likely be looking at mandatory jail time.  A mandatory sentence in a DUI arrest can be anywhere from 2 days in prison up to 1 year in State Prison.

How Police Prove Their Case

    Police use field sobriety tests, breathalyzers, and blood tests to charge people with drunk driving. However, under Pennsylvania’s implied consent laws, drivers are required to submit to chemical testing if lawfully arrested for DUI. Refusing to take a chemical test—such as a breath, blood, or urine test—can lead to additional penalties, including a one-year driver’s license suspension, separate from any criminal penalties. The prosecution must prove these tests were conducted properly and that the equipment was functioning correctly. Breath tests need to be done on calibrated machines to count in court. Don’t assume these tests guarantee a conviction. They can be wrong or done illegally. A skilled lawyer can file motions to suppress evidence if tests were not conducted properly or if your rights were violated.

  • Breathalyzer: A breathalyzer is a device for estimating blood alcohol content from a breath sample.  This device should not to be confused with the Portable Breath Test (PBT) done on the side of the road. You can only do the Breathalyzer at the Police Station. They must follow certain procedures to ensure its accuracy, otherwise your BAC level will not be admissible in court.
  • Field Sobriety Tests: These are roadside tests to check for intoxication. The three standardized field sobriety tests recognized by the NHTSA are the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn (WAT), and One-Leg Stand (OLS). They help officers decide if they have probable cause to ask for chemical tests. These tests are voluntary and can be affected by medical or environmental factors. Field sobriety tests are considered voluntary and can be challenged in court if not administered correctly.
  • Blood Tests: Blood tests check for alcohol or drugs in your system. They may take weeks for results. Officers decide whether to do a blood or breath test based on policy.

    • A DUI prosecutor uses all evidence to build their case. But an experienced defense attorney can question the tests and arrest procedures, and may be able to suppress evidence that was obtained improperly. Protecting your driver’s license is a key part of your defense.

Frequently Asked Questions

We Promise People ask these all the time

When will my license be suspended?

There are only two reasons your license can be suspended due to DUI.

  1. Suspension will begin immediately if : you Refuse a Breathilizer or Chemical testing
  2. Suspension can begin AFTER : DUI conviction. Being charged does not suspend you license immediately. Only after you go to court several times and plead guilty does a suspension begin.

Click below to read more info about DUI license suspensions.

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What is the ARD Program? / Am i eligible?

ARD is is a pre-trial diversion program for certain first-time, non-violent offenders—most commonly DUI.


Eligibility Requirements:

(DA’s discretion):

  1. First Time Offenders
  2. Potential Disqualifiers
    • Child in the Car
    • BAC above .3
    • No License
    • No Insurance
  3. District Attorney has final say in what is disqualifying

Click below for more information about the ARD Program in Pennsylvania. 

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Will I have to go to jail?

DUI in Pennsylvania usually comes with a Mandatory Jail time depending on your BAC or if their were drugs in your system and the number of previous offenses, within 10 years.

Many times an experienced DUI Lawyer can help you avoid jail with House Arrest or another Diversionary Program.

Click below to read more info about DUI Penalties.

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What is a Preliminary Hearing or a Preliminary Arraignment?


Preliminary hearings: determine if there is enough evidence for your case to proceed to County Court. The Judge determines if there is enough evidence that a crime has been committed and if the defendant is possibly the individual who committed that crime.


Preliminary Arraignment: first court appearance after arrest. It is a critical step in the criminal justice process, because the court sets bail and discusses conditions of release.

Click below to learn more about the DUI court and its process.

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Role of an Experienced Pennsylvania DUI Attorney

A DUI lawyer is vital to building a strong defense. At The Shelton Firm, our aggressive representation sets us apart—we are committed to vigorously defending your rights at every stage of the process. Our team of dui defense lawyers includes an experienced criminal defense attorney with a proven track record in handling complex DUI and criminal cases. Our law practice is focused on DUI and criminal defense, giving us the specialized knowledge needed to challenge the traffic stop, breathalyzer results, and field sobriety tests. We gather evidence like witness statements and expert opinions.

As recognized members of national trial lawyers, we bring a high level of expertise and courtroom experience to every case. Our deep involvement in the criminal justice system means we understand how decisions by district attorneys and other professionals can impact your case, and we use this knowledge to your advantage. The defense attorney plays a crucial role in negotiating plea agreements that may result in reduced charges or penalties for the accused. If your case goes to trial, your attorney is responsible for jury selection, opening statements, calling witnesses, and presenting evidence.

A skilled Pennsylvania DUI attorney looks for weaknesses in the prosecutor’s case. If evidence is weak or rushed, they expose it early. A dedicated DUI lawyer spends time to get the best result. Good communication is important—they keep you informed and involved. Lawyers can negotiate with prosecutors for reduced charges or alternative sentences like diversion or community service. They also prepare you for trial and explain what to expect. With their help, you can get the best possible outcome.

Explains the DUI legal process

DUI cases in Pennsylvania involve many steps. From arrest to trial, the process can be confusing. It starts with a preliminary hearing to check for probable cause. Then comes arraignment where you enter a plea. Your lawyer files motions to challenge evidence before trial. They also negotiate plea deals that may reduce charges or penalties.

Your lawyer attends hearings, talks to prosecutors, and gets ready for trial. They advise you on possible consequences like losing your license or having a criminal record. With a DUI lawyer’s help, you can handle the process with confidence.

Click here to Read more about the DUI Legal Process

Gathers evidence to support your case

When building a defense strategy, gathering evidence is crucial. This includes witness testimony, expert opinions, and any physical evidence that may support your case. Your DUI lawyer can work with investigators to gather evidence and build a strong defense.

For example, if the breathalyzer results are being challenged, your lawyer may call into question the reliability of the machine or the accuracy of the test results. They may also challenge the officer’s training or the circumstances surrounding the traffic stop. By gathering evidence and building a strong defense, your DUI lawyer can help turn the tide in your favor.

Explores plea bargains and alternative sentencing

In some cases, a plea bargain may be the best course of action. This involves negotiating with prosecutors to reduce charges or seek alternative sentencing options. For example, a plea bargain may involve participation in a diversion program or community service in exchange for a reduced sentence.

Your DUI lawyer can work with prosecutors to negotiate the best possible outcome in your case. They can also advise you on the potential consequences of a plea bargain, including the impact on your driving record and future opportunities. In some cases, alternative sentencing options may be available, including house arrest or electronic monitoring.

Click Here to learn More About DUi Penalties

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Areas Served

The Shelton Firm is centrally located in Lancaster, PA.  Our CDL Lawyer services clients throughout Central PA.   Our diligent and aggressive representation is the secret ingredient that keeps our clients coming back for all their legal needs.

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