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If you have been charged with Driving Under the Influence (DUI) in Delaware County, your freedom, your driver’s license, and your financial stability are on the line. Pennsylvania DUI laws are incredibly complex and carry harsh mandatory minimum penalties. Even a first-time offense can result in jail time, thousands of dollars in fines, and a suspended license that could cost you your job.

When you are pulled over on West Chester Pike or arrested at a DUI checkpoint in Media, the police and prosecutors begin building a case against you immediately. You need an aggressive, experienced criminal defense attorney to level the playing field. At SKA Law Group, we have over 25 years of combined experience fighting tough criminal cases in Pennsylvania. We do not just accept the police report—we meticulously deconstruct the evidence to protect your future.

Understanding Pennsylvania’s Tiered DUI System (75 Pa.C.S. § 3802)

Pennsylvania uses a three-tiered system to determine DUI penalties. The severity of the punishment depends on your Blood Alcohol Content (BAC) at the time of the test, as well as whether you have prior DUI convictions.

1. General Impairment (BAC .08% to .099%)

This is the lowest tier, but it still carries significant consequences. You can also be charged under this tier if the police determine you were incapable of safe driving, even if your BAC was not recorded or was slightly below .08%.
First Offense: Ungraded misdemeanor, up to 6 months probation, $300 fine, mandatory alcohol highway safety school, and a 1-year ignition interlock requirement.

2. High BAC (BAC .10% to .159%)

Penalties increase significantly in this middle tier.
First Offense: Ungraded misdemeanor, 12-month license suspension, 48 hours to 6 months in jail, fines between $500 and $5,000, and a 1-year ignition interlock requirement.

3. Highest BAC (BAC .16% or higher), Controlled Substances, and Refusals

This tier carries the harshest penalties. Crucially, if you are caught driving under the influence of illegal drugs or prescription medications, or if you refuse a breath or blood test, you are automatically placed in this highest penalty tier.
First Offense: Ungraded misdemeanor, 12-month license suspension, 72 hours to 6 months in jail, fines between $1,000 and $5,000, and a 1-year ignition interlock requirement.

The ARD Program for First-Time DUI Offenders in Delaware County

If this is your first DUI offense, you may be eligible for the Accelerated Rehabilitative Disposition (ARD) program. This is a pre-trial diversionary program designed for non-violent, first-time offenders.

Acceptance into the ARD program allows you to avoid a criminal conviction and mandatory jail time. Instead, you will be placed on supervision and required to complete conditions such as alcohol counseling, community service, and highway safety classes. Depending on your BAC tier, your license suspension may be reduced to 0, 30, or 60 days. Upon successful completion of the program, the DUI charges are dismissed, and your arrest record can be expunged.

However, admission into ARD is not automatic. The Delaware County District Attorney has strict guidelines and broad discretion over who is accepted. You need an experienced attorney to navigate the application process and advocate for your admission.

How SKA Law Group Defends Delaware County DUI Charges

A DUI arrest is not a conviction. Our attorneys aggressively challenge every aspect of the prosecution’s case, including:

The Initial Traffic Stop: Did the police officer have reasonable suspicion to pull you over? If the stop was illegal, all subsequent evidence (including the breathalyzer results) can be suppressed under the Fourth Amendment.
Field Sobriety Tests: These tests are highly subjective and notoriously inaccurate. We challenge the officer’s administration and interpretation of the tests.
Breath and Blood Tests: Breathalyzer machines must be properly calibrated and maintained. Blood samples must follow a strict chain of custody. We scrutinize the scientific evidence for errors that can lead to a dismissal.
DUI Checkpoints: Pennsylvania law imposes strict constitutional requirements on how DUI checkpoints must be conducted. If the police failed to follow these rules, the checkpoint was illegal.

Contact a Delaware County DUI Defense Lawyer Today

Do not let a DUI charge define your future. Contact SKA Law Group today to schedule a confidential consultation. We will evaluate the evidence against you, explain your options, and build a relentless defense strategy.