Pennsylvania DUI Lawyer
December 2020 Review in a DUI Case: “I had a case that was from about 4 years ago for driving under a DUI suspended license. I called Mr. McGarrigle and he got back to me within a couple hours, and was about as clear and thorough as anyone could be over the phone. Little did I know, I had the best lawyer in America. That man, not ONLY kept me out of jail, he got them to let me keep my license, AND get rid of the whole case based on the age of it. I didn’t have to pay anything in fines… NOTHING. You get what you pay for in life, and Daniel McGarrigle is worth every cent. I couldn’t be happier and i’m so glad to be able to just put this behind me, and its thanks to that man. 100% gets a glistening recommendation from me. I urge anybody that is in any sort of legal trouble to, at the very least, call him and see what he has to say. Thank you again for all of your help Mr. McGarrigle!” (Review from the McGarrigle Law Firm Google profile)
Under 75 Pa.C.S.A. § 3802, Pennsylvania’s DUI law, the possible punishment for a DUI depends upon whether it is a first, second, or third conviction, and is also based upon a person’s blood alcohol concentration (BAC) level. Punishment under Pennsylvania’s DUI law is divided into three different “Tiers”
Tier One: for people who drive with blood alcohol content from .08 to .099%,
Tier Two: for blood alcohol levels from .10 to .159%,
Tier Three: for persons with a BAC level higher than .16%.
Additionally, any combination of drugs and alcohol can place a person’s case into the most serious Tier Three. The punishment for a DUI conviction increases as the Tiers increase with more severe punishments for repeat offenders.
Client Reviews
⭐ ⭐ ⭐ ⭐ ⭐
"He was polite and always returned my phone calls, he was never too busy for me."
-David
"If you need an aggressive lawyer Dan is the guy for the job." -D. Dre
"Dan is a hard-charging, take-no-prisoners kind of lawyer who will move mountains for his clients. In front of a jury, few are more convincing." -Jay Hochberg
"Finding yourself on the wrong side of the law can be a very scary experience. Daniel made the process clear and easy to understand." -Doreen
Attorney daniel Mcgarrigle - In the News
After firm founder Daniel McGarrigle convinced the Commonwealth to drop the 1st degree murder charge, Mr. McGarrigle’s client pled guilty to 3rd degree murder.
Firm founder Daniel McGarrigle’s gets felony rape charges dropped for client in a Delaware County, PA case.
Daniel McGarrigle interviewed about the Bill Cosby sex assault case in Montgomery County. Mr. McGarrigle discussed Cosby’s immunity claims.
Philadelphia 6ABC’s Vernon Odom interviewed firm founder Daniel McGarrigle about his client’s Delaware County, PA criminal case.
In a Delaware County, PA internet crime case, client gets a sentence of mostly electronic monitoring at home.
Firm founder Daniel McGarrigle’s Philadelphia criminal appeals (PCRA) case featured in a series on philly.com.
Traffic Stops – Your Constitutional Rights Can Work in Your DUI Defense
The 4th Amendment of the United States Constitution as well as Article 1 Section 8 of the Pennsylvania Constitution prevent law enforcement officers from simply stopping and detaining people whenever they want to for no reason at all. In order for police to pull you over lawfully, they must have a reasonable suspicion that you have violated a law in some way. The officer does not have to believe that you have been drinking, they just need to suspect that you have violated any traffic law. This means that if you fail to signal or are driving without your lights on at night, that can be reason enough for an officer to initiate a traffic stop. Once you are stopped, the officer can then make observations whether or not you have been drinking.
Police officers cannot, however, simply pull over cars randomly in hopes of catching a drunk driver. If an officer pulls you over for no particular reason, that traffic stop is illegal and in violation of your 4th Amendment rights. If an officer cannot demonstrate any reasonable suspicion of a crime prior to a traffic stop, any evidence resulting from that traffic stop can be thrown out of your case.
An experienced defense attorney will be able to identify when a traffic stop was illegal and use it to have your case dismissed. This can be a difficult task and one that only an experienced criminal defense attorney will be able to achieve. The attorneys at the McGarrigle Law Firm have handled literally hundreds of DUI cases throughout Chester County, Delaware County, Philadelphia County, Montgomery County, Lancaster County, Lebanon County and all of Southeastern PA.
HISTORY OF PA DUI LAWS
Act 24, which lowered Pennsylvania’s legal limit of alcohol from .10 to .08, was signed into law on September 30, 2003. The new Driving Under the Influence (DUI) Law creates a tiered approach toward DUI enforcement and treatment, and includes many changes to the penalties, terms of suspension, fines and other requirements. The combination of an individual’s Blood Alcohol Content (BAC) level, and prior offenses, determines the licensing requirements and penalties.
There are now three levels of DUI:
- General Impairment (.08 to .099% BAC)
- High BAC (.10 to .159% BAC)
- Highest BAC (.16% and higher)
Under the new DUI law minors, commercial drivers, school vehicle or bus drivers, and offenders involved in an accident that injures someone or causes property damage may be subject to the high BAC penalties even if their BAC is not in the high category. Offenders who refuse breath or chemical testing may be subject to the highest BAC penalties. Below are the penalties for each of the BAC categories.
General Impairment penalties (Undetermined BAC, .08 to .099% BAC)
No prior DUI offenses
· ungraded misdemeanor
· up to 6 months probation
· $300 fine
· alcohol highway safety school
· treatment when ordered
1 prior DUI offense
· ungraded misdemeanor
· 12 month license suspension
· 5 days to 6 months jail time
· $300 to $2,500 fine
· alcohol highway safety school
· treatment when ordered
· 1 year ignition interlock
2 or more prior DUI offenses
· 2nd degree misdemeanor
· 12 month license suspension
· 10 days to 2 years prison
· $500 to $5,000 fine
· treatment when ordered
· 1 year ignition interlock
General Impairment penalties (Undetermined BAC, .08 to .099% BAC)
No prior DUI offenses
· ungraded misdemeanor
· 12 month license suspension
· 48 hours to 6 months prison
· $500 to $5,000 fine
· alcohol highway safety school
· treatment when ordered
1 prior DUI offense
· ungraded misdemeanor
· 12 month suspension
· 30 days to 6 months prison
· $750 to $5,000 fine
· alcohol highway safety school
· treatment when ordered
· 1 year ignition interlock
2 or more prior DUI offenses
· 1st degree misdemeanor
· 18 month license suspension
· 90 days to 5 years prison
· $1,500 to $10,000 fine
· treatment when ordered
· 1 year ignition interlock
3 or more prior DUI offenses
· 1st degree misdemeanor
· 18 month license suspension
· 1 to 5 years prison
· $1,500 to $10,000 fine
· treatment when ordered
· 1 year ignition interlock
Highest BAC penalties (.16% and higher) or Controlled Substance
No prior DUI offenses
· ungraded misdemeanor
· 12 month license suspension
· 72 hours to 6 months prison
· $1,000 to $5,000 fine
· alcohol highway safety school
· treatment when ordered
1 prior DUI offense
· 1st degree misdemeanor
· 18 month suspension
· 90 days to 5 years prison
· $1,500 to $10,000 fine
· alcohol highway safety school
· treatment when ordered
· 1 year ignition interlock
2 or more prior DUI offenses
· 1st degree misdemeanor
· 18 month license suspension
· 1 to 5 years prison
· $2,500 to $10,000 fine
· treatment when ordered
· 1 year ignition interlock