The Legal Basics of a DUI Arrest in Pennsylvania
In Pennsylvania, Driving Under the Influence (DUI) is when you operate a vehicle after consuming alcohol or drugs to a degree that impairs your ability to drive safely. If you are charged with a DUI, it’s essential to hire a lawyer immediately to review the facts of your case.
Under Pennsylvania law (75 Pa. C.S. § 3802), you can be charged with DUI for:
- Driving with a Blood Alcohol Content (BAC) of 0.08% or higher
- Being impaired by drugs (even without a BAC reading)
- Driving under the influence of any combination of drugs and alcohol
- Driving with any measurable amount of a Schedule I controlled substance or non-prescribed narcotics in your system
Due to the expansive definition of DUI in PA, it’s important that you discuss your charges, collected evidence, and any aggravating factors with a lawyer to develop a strong legal defense.
Protect Your License and Record With the Right DUI Attorney
DUI cases move quickly. You may only have 30 days to challenge a license suspension. Evidence like dashcam footage, witness statements, and test results can be time-sensitive. An experienced DUI lawyer can:
John F. McCaul brings over a decade of real trial experience to every homicide case he defends. As a former Assistant District Attorney and Special Assistant United States Attorney (SAUSA), John has handled thousands of serious criminal cases — giving him critical insight into how the prosecution builds its strategy, and how to dismantle it effectively.
Not every lawyer is certified to defend Pennsylvania’s most serious cases, but John is. His certification to handle death penalty proceedings demonstrates the highest level of legal competence, preparation, and courtroom performance. He approaches every homicide defense with that same level of intensity — no shortcuts, no guesswork.
With strong relationships and respected credibility in Philadelphia’s courts — and throughout Montgomery, Delaware, and Chester counties — John F. McCaul builds defenses that are as strategic as they are relentless. When facing the full weight of the justice system, experience, planning, and courtroom presence are not optional — they are essential.
How We Build Your Defense
Independent Investigation
Every case starts with an independent review of the evidence — not just relying on the government’s version of events.
Work with the Experts
We collaborate with top forensic analysts, investigators, and expert witnesses to strengthen your defense and challenge weak claims.
Prepare Meticulously
From day one, we prepare as if your case will go to trial, ensuring every detail is covered, every angle anticipated.
Set Clear Expectations
From day one, we prepare as if your case will go to trial, ensuring every detail is covered, every angle anticipated.
Criminal Defense Services for DUI Charges
Your lawyer should tailor their defense strategy to the specific facts of your case and the charges against you to pursue the best possible outcome for you. The Law Office of John F. McCaul has decades of experience providing criminal defense services to those charged with DUI.
Tier 1 (BAC 0.08%–0.099%) • Tier 2 (BAC 0.10%–0.159%) • Tier 3 (BAC 0.16% or higher, or impairment by illegal drugs, prescription drugs, or a combination of substances)
For differentiating between the level of impairment at the time of arrest, PA uses a three-tiered system of charges based on your Blood Alcohol Concentration (BAC). JFM Legal represents those charged with DUI in any of the three tiers.
Understand Your Rights and the Law
The Implied Consent Law in PA
Pennsylvania is an Implied Consent state. Implied Consent means that by driving on PA roads, you have agreed in advance to submit to a chemical test if lawfully arrested for suspicion of driving under the influence. If a police officer has reasonable grounds to believe you are driving under the influence, they can request that you take a chemical test to determine your blood alcohol content (BAC) or the presence of drugs.
Refusal to submit to testing after a lawful arrest results in automatic consequences. This includes a 12-month suspension of your driver’s license, even if you are not convicted of a DUI. It’s important that you consult an attorney to review each part of your case to ensure your rights were respected during and after your arrest. It’s important to note that implied consent applies after a lawful arrest – not just being pulled over, and if police did not follow proper procedures, your attorney may be able to challenge the validity of the test request and the resulting license suspension.
What Can Make DUI Charges More Serious – and What You Can Do About It
DUI Penalties and Aggravating Factors in Pennsylvania
Certain factors can significantly increase the penalties for a DUI conviction in Pennsylvania. These aggravating circumstances include repeat offenses within 10 years, having a minor in the vehicle, refusing a chemical test (triggering an automatic license suspension under PA’s Implied Consent Law), causing an accident that results in injury or property damage, or driving on a suspended license.
A DUI is not just a traffic violation – it’s a criminal offense. A conviction can result in jail time, thousands in fines, license suspension, court-ordered treatment, and a permanent criminal record. However, if this is your first offense and no one was harmed, you may be eligible for Pennsylvania’s ARD program, which can help you avoid a lasting record. An experienced DUI attorney can evaluate your eligibility and fight for the best outcome in your case.
Trusted by Clients.
Respected by Courts.
Every moment counts. We’re ready to fight for you.
Protect Your License. Talk to a DUI Lawyer Today.
If you’ve been charged with DUI in Pennsylvania, time is critical. If you’re looking to hire an experienced Philadelphia DUI lawyer, contact The Law Office of John F. McCaul for a confidential consultation. We’ll review your case, explain your rights, and build a defense strategy to protect your license and your future.
