Most DUI cases start with a few key questions: Is this your first offense? Have you had a DUI in the past 10 to 15 years? What was your blood alcohol content (BAC)? These answers shape not only the type of case you have, but also what options may be available to you—especially in Delaware County, where first-time offenders often qualify for a program called ARD (Accelerated Rehabilitative Disposition).

If you haven’t had a DUI in the past 15 years, you’re likely eligible for ARD. This program eliminates jail time entirely, reduces your license suspension from a potential one year down to a maximum of 60 days, and gives you a path to have the charge expunged once the program is completed. For clients with prior DUI convictions or more serious criminal histories, we look closely at the BAC level to determine what penalties apply and whether a diversion program is still an option.

Pennsylvania law uses a tiered system to determine DUI penalties. A BAC of .08 to .099 is considered Tier 1, which carries minimal penalties for first-time offenders—often no jail time and no license suspension. Tier 2, from .10 to .159, increases the risk of harsher consequences, and Tier 3, which includes BACs of .16 or higher or the presence of drugs in your system, carries the most severe penalties. Repeat offenses within 10 years increase the severity across all tiers, including mandatory jail time and longer license suspensions.

Because DUI cases are so fact-specific, we need as much detail as possible to build a strong defense. Where were you driving? Did you participate in field sobriety tests? Did you submit to a breath or blood test? Were your rights properly explained? These factors help us determine whether your rights were violated, whether the evidence can be challenged, and how we can position your case for the best outcome. If you’ve been charged with DUI, contact Kevin O’Neill Law right away—we’re here to guide you through every step.