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Philadelphia DUI Lawyer

A DUI charge in Philadelphia can cost you your license, your job, and your freedom. The penalties get steeper with every prior offense, and prosecutors in Philadelphia rarely offer dismissals without a real legal challenge. Thomas F. Burke is a former Philadelphia prosecutor who has tried over 400 DUI cases. Thomas F. Burke knows exactly how the prosecution builds these cases — and exactly where they break down.

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Pennsylvania DUI Penalties Are Tiered — And They Add Up Fast

Pennsylvania’s DUI law sets penalties based on your blood alcohol concentration (BAC):
  • General impairment (0.08% – 0.099% BAC): Up to 6 months probation, $300 fine, no mandatory license suspension for a first offense.
  • High BAC (0.10% – 0.159%): 48 hours minimum jail time, $500–$5,000 fine, 12-month license suspension.
  • Highest BAC (0.16%+) or DUI with a controlled substance: 72 hours minimum jail time, $1,000–$5,000 fine, 12-month license suspension.
Penalties increase sharply for second and third offenses. A third DUI at the highest BAC tier is graded as a felony in Pennsylvania.

Common DUI Defenses That Actually Work

Most DUI cases are not as airtight as the prosecution wants you to believe. Effective DUI charge defenses we can use include:
  • Challenging the traffic stop. Police need reasonable suspicion or probable cause to pull you over. If they didn't have it, every piece of evidence after the stop can be suppressed.
  • Attacking the field sobriety tests. These tests are subjective and often improperly administered. Officer training records, weather conditions, road surface, and physical conditions all matter.
  • Questioning the breathalyzer. Breathalyzers require regular calibration and maintenance. Missing records, expired calibrations, or operator error can invalidate the result.
  • Challenging blood draws. Blood tests require proper chain of custody and constitutional procedure. Warrantless blood draws are unconstitutional under most circumstances after the Supreme Court's Birchfield decision.
  • ARD eligibility. First-time offenders may qualify for Pennsylvania's Accelerated Rehabilitative Disposition program. Successful completion results in case dismissal — but eligibility is not automatic and prosecutor approval is required.

Why a Former Prosecutor Matters in DUI Cases

Thomas Burke spent over a decade in the Philadelphia District Attorney’s Office. He knows which judges are tough on DUI sentencing and which are open to negotiation. He knows what evidence prosecutors will fight to keep and what they’re willing to let go. That inside knowledge is the difference between a generic defense and a strategy built for how Philadelphia actually handles these cases.
(215) 567-1248

Call for legal service

(215) 567-1248

Call for legal service

What to Do Right Now if You've Been Charged

  • Do not discuss your case with anyone except your attorney.
  • Write down everything you remember about the stop — time, location, what was said, field sobriety tests administered, anything unusual.
  • Save all paperwork from the police and the court.
  • Call Thomas F. Burke at (215) 567-1248 for a free consultation.
When winning matters most, you need a defense attorney who has been on both sides of these cases. Call DiDonato & Burke today.
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Schedule your confidential consultation today. Thomas F. Burke will personally evaluate your case and explain how he can help protect your rights and freedom.

Frequently Asked Questions About Criminal Defense in Philadelphia

Take the charge seriously and obtain legal advice as early as possible. Avoid discussing the details of the incident publicly or with people who do not need to know about the case. A DUI attorney can review the traffic stop, testing procedures, police reports, prior record, and other evidence to determine what legal and procedural issues may apply.

Potentially. Pennsylvania law includes a general-impairment DUI provision that is not limited solely to a BAC reading of 0.08% or higher. DUI charges can also involve controlled substances and other circumstances. Whether the evidence establishes impairment depends on the facts and the particular section of Pennsylvania’s DUI law involved.

Potential consequences depend on several factors, including the type of DUI allegation, alcohol concentration when applicable, drug involvement, prior DUI offenses, testing issues, and other circumstances surrounding the incident. Pennsylvania law contains different penalty tiers, so two DUI cases can carry very different potential consequences.

Yes. Depending on the case, a defense attorney may examine the legal basis for the traffic stop, observations made by police, field sobriety testing, breath or blood testing, testing procedures, search-and-seizure issues, and whether the prosecution can establish each required element of the charge. A challenge does not automatically mean evidence will be excluded.

No. Accelerated Rehabilitative Disposition, commonly called ARD, is a pretrial diversion program, but eligibility and admission are not automatic. A person’s record and the circumstances of the case can affect whether ARD is available. An attorney can evaluate whether diversion may be an option in a particular case.

A first DUI can still involve criminal, driving, financial, and other consequences. Legal counsel can review how the DUI statute applies to the allegations, determine whether the evidence can be challenged, explain possible resolutions, and help you understand court requirements and other consequences before making decisions about the case.

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