DUI Lawyer In Philadelphia
If you live in the Philadelphia area and have been charged with a DUI, you need an experienced DUI defense lawyer in Philadelphia, PA, like Mark D. Hauser to help with your case. A DUI charge is serious, and it requires help from a knowledgeable, experienced attorney with a background in DUI and traffic accident law. Hiring the right lawyer can mean the difference between a life-changing sentence and a more lenient one, so it’s important to ensure you hire a DUI attorney in the Philadelphia area to provide you with the strongest, most aggressive defense.
Getting an experienced DUI lawyer and defense attorney on your side is a smart next step if you were recently arrested for driving under the influence (DUI) or driving while intoxicated (DWI) in Philadelphia. Mark D. Hauser has demonstrated a strong track record of defending his clients from the potential repercussions of these driving charges. Our clients range from those facing repeat charges as well as those who have committed their first offense. Even though DWI and DUI charges can have major repercussions, getting appropriate legal advice can make all the difference!
Facing DUI Charges in Philadelphia? Get Expert Legal Defense Now
If you've been arrested for DUI in Philadelphia, you're facing serious consequences that could impact your life for years to come. Pennsylvania has some of the strictest DUI penalties in the nation, including license suspension, hefty fines, and potential jail time. The decisions you make in the next few days will determine the outcome of your case.
Don't face DUI charges alone. Mark D. Hauser has over 30 years of experience successfully defending DUI cases in Philadelphia and surrounding counties. Our aggressive defense strategies have helped hundreds of clients avoid conviction, reduce charges, and minimize penalties.
Call 267-584-4093 for a Free DUI Consultation
Pennsylvania DUI Laws: What You Need to Know
Pennsylvania defines DUI as driving with a Blood Alcohol Content (BAC) of:
0.08% or higher for drivers 21 and older
0.02% or higher for drivers under 21
0.04% or higher for commercial drivers
Types of DUI Charges in Pennsylvania:
First Offense DUI:
BAC 0.08-0.099%: Up to 6 months probation, $300 fine, alcohol education
BAC 0.10-0.159%: 2 days to 6 months jail, $500-$5,000 fine, 12-month license suspension
BAC 0.16% or higher: 3 days to 6 months jail, $1,000-$5,000 fine, 12-month license suspension
Second Offense DUI:
5 days to 6 months jail time
$750-$5,000 fines
12-month license suspension
Ignition interlock device required
Third Offense DUI:
10 days to 2 years in prison
$1,500-$10,000 fines
18-month license suspension
Felony conviction on permanent record
How Mark D. Hauser Defends DUI Cases
Challenging the Traffic Stop
Our first line of defense examines whether police had reasonable suspicion to stop your vehicle. If the stop was unlawful, all evidence gathered afterward may be suppressed, leading to case dismissal.
Questioning Field Sobriety Tests
Field sobriety tests are notoriously unreliable. Medical conditions, medications, fatigue, and even anxiety can cause poor performance. We challenge these tests' accuracy and administration.
Attacking Breathalyzer Results
Breathalyzer machines require regular calibration and proper maintenance. We investigate:
Machine calibration records
Officer training and certification
Proper testing procedures
Medical conditions affecting results
Blood Test Challenges
Blood tests must follow strict chain of custody procedures. We examine:
Sample collection procedures
Storage and transportation
Laboratory analysis methods
Contamination possibilities
Common DUI Defense Strategies We Use
1. Rising Blood Alcohol Defense
Your BAC may have been below the legal limit while driving but rose above 0.08% by the time of testing. This is especially common when arrests occur well after driving stopped.
2. Medical Condition Defense
Certain medical conditions can mimic intoxication symptoms:
Diabetes
Hypoglycemia
Neurological disorders
Inner ear problems
3. Improper Police Procedures
Police must follow specific protocols during DUI arrests. Violations can lead to evidence suppression:
Failure to read Miranda rights
Improper field sobriety test administration
Unlawful search and seizure
4. Mouth Alcohol Defense
Recent dental work, acid reflux, or consuming certain substances can create "mouth alcohol" that skews breathalyzer results.
Philadelphia DUI Court Process
What Happens After Your DUI Arrest:
1. Arraignment (Within 72 hours)
Charges formally filed
Bail set (if applicable)
Preliminary hearing scheduled
2. Preliminary Hearing
Prosecution presents evidence
We challenge evidence and testimony
Case proceeds to trial or gets dismissed
3. Pre-Trial Motions
Motion to suppress evidence
Motion to dismiss charges
Plea negotiations
4. Trial
Jury selection
Opening statements
Evidence presentation
Closing arguments and verdict
Philadelphia Courts Handling DUI Cases:
Philadelphia Municipal Court (summary offenses)
Philadelphia Court of Common Pleas (misdemeanor/felony DUI)
Pennsylvania State Police process arrests on highways
Consequences of DUI Conviction in Philadelphia
Immediate Penalties:
License Suspension: 12-18 months for first offense
Fines: $300-$10,000 depending on BAC and offense number
Jail Time: Up to 6 months first offense, years for repeat offenses
Ignition Interlock Device: Required for high BAC or repeat offenses
Long-Term Consequences:
Employment Impact: Many employers conduct background checks
Professional Licenses: Doctors, lawyers, teachers may face discipline
Insurance Rates: Significant increases for years
Travel Restrictions: Some countries deny entry for DUI convictions
Security Clearances: Federal jobs may be jeopardized
Why Choose Mark D. Hauser for Your DUI Defense
30+ Years of Philadelphia DUI Experience
Attorney Mark D. Hauser has successfully defended hundreds of DUI cases in Philadelphia Municipal Court and Common Pleas Court. Our deep knowledge of local judges, prosecutors, and court procedures gives our clients a significant advantage.
Proven Track Record
Multiple DUI cases dismissed due to illegal stops
Breathalyzer evidence suppressed in numerous cases
Felony DUI charges reduced to lesser offenses
First-time offenders helped avoid jail time
Awards and Recognition
Selected as Top 10 Attorney in Pennsylvania
Top 100 Criminal Defense Trial Lawyer by National Trial Lawyers
Member of National Academy of Criminal Defense Attorneys
Aggressive Defense Strategy
We don't simply plea bargain your case away. Our thorough investigation includes:
Reviewing all police reports and evidence
Interviewing witnesses
Examining breath/blood testing equipment
Consulting expert witnesses when needed
Frequently Asked Questions About Philadelphia DUI
Can I refuse a breathalyzer test in Pennsylvania?
Yes, but Pennsylvania has "implied consent" laws. Refusal results in automatic 12-month license suspension for first offense, 18 months for subsequent refusals. However, refusal may make prosecution more difficult.
Will I definitely go to jail for DUI?
Not necessarily. First-time offenders with BAC under 0.10% often receive probation instead of jail time. An experienced DUI attorney can negotiate alternative sentencing including house arrest, community service, or treatment programs.
Can I get a work permit during license suspension?
Pennsylvania offers occupational limited licenses for work, school, and medical appointments. We help clients apply for these permits to minimize life disruption.
How much does a DUI attorney cost?
DUI defense fees vary based on case complexity. However, the cost of experienced representation is often less than the long-term financial impact of a DUI conviction. We offer free consultations to discuss fees and payment plans.
Should I plead guilty to get it over with?
Never plead guilty without consulting an attorney. Even first-time DUI charges have defenses that could lead to dismissal or reduced charges. A guilty plea means accepting maximum penalties with no chance for appeal.
Take Action Now - Time Is Critical
The 10-Day Rule
Pennsylvania gives you only 10 days from your arrest date to request a license suspension hearing. Miss this deadline, and your license is automatically suspended. Call immediately to protect your driving privileges.
Building Your Defense Starts Today
Evidence disappears, witnesses' memories fade, and surveillance videos get deleted. The sooner we begin investigating your case, the stronger your defense becomes.
Free Consultation Available
We offer free, confidential consultations to discuss your case. During this meeting, we'll:
Review the circumstances of your arrest
Explain possible defenses
Discuss potential outcomes
Answer all your questions
Provide clear fee information
Contact Philadelphia DUI Attorney Mark D. Hauser
Don't let a DUI charge derail your future. With over 30 years of experience defending DUI cases in Philadelphia, Mark D. Hauser has the knowledge and skills to fight for the best possible outcome in your case.
Call Now: 267-584-4093
Available 24/7 for DUI arrests
Free Consultation
No obligation case review
Immediate attention to your case
Clear explanation of your options
Experienced legal advice
Office Location:
Mark D. Hauser, Attorney at Law
427 South Broad Street, 2nd Floor
Philadelphia, PA 19147
We Serve These Areas:
Philadelphia County
Montgomery County
Delaware County
Chester County
Bucks County
Remember: Every day you wait is a day the prosecution gets stronger. Call now to protect your rights and your future.
The information on this page is for educational purposes only and does not constitute legal advice. Every DUI case is unique, and past results do not guarantee future outcomes. Contact Mark D. Hauser for advice specific to your situation.
We Will Defend Your Case & Explore All Possible Defenses
Mark D. Hauser will defend your drunk driving or DWI case aggressively. Our goal is to ensure that you get the representation possible from the day you were charged to the day of your case. We’ll also explore all possible defenses to help minimize penalties. As the top-rated attorney in Philadelphia, we handle state and federal cases, including adult and juvenile defense, accident cases, traffic tickets, and DUI cases. Mark has over 30 years of experience, so you’ll receive the most comprehensive defense possible if we handle your case. Whether you need an experienced drug possession lawyer in Philadelphia or someone to help defend you during a DUI trial, our law firm is here to help you navigate the complexities of the modern legal system.
The Differences Between DUI & DWI
The term DUI stands for “driving under the influence,” while DWI stands for “driving while intoxicated.” In some states, like California, these two terms are interchangeable and have the same meaning that refers to the same crime. In other states, DWI is used to describe someone who is less intoxicated than a driver who might be charged with drunk driving or DUI. It’s extremely important to note that in Philadelphia and the rest of Pennsylvania, there is no DWI charge. Instead, everything is considered DUI, and the state has zero tolerance. In other words, any blood alcohol concentration (BAC) over the legal limit is a crime.
Here’s how the state breaks down DUI (remember, DWI charges don’t apply in Pennsylvania):
General impairment DUI: BAC between 0.8% to 0.0999%
High DUI: BAC from 0.10% to 0.159%
Highest DUI: BAC from 0.16% and higher
What To Do If You Are Arrested For DUI
If you’ve been arrested for DUI (Driving Under the Influence) in Philadelphia, it’s crucial to know exactly what to do to protect yourself and your rights. Keep these important tips in mind if you are arrested for DUI:
Remember that you have a right to remain silent. Do not answer any questions beyond your basic identifying information, such as your name and address. Legally, you may politely decline to answer any other questions about the incident until you have spoken to a lawyer.
If you are arrested and/or charged with DUI, make sure you request a lawyer as soon as possible. You can tell the police that you’d like to speak to your attorney before you answer any more questions.
You may have to take a breathalyzer test so police can confirm and record your blood alcohol content at the time of the incident or accident. In Pennsylvania, you do not have the right to refuse to take a breathalyzer test, so be aware that if you do, your license will be suspended for one year just for the refusal
For those who are arrested and taken to jail, arrange for a sober friend or family member to pick you up as soon as you’re able to be released.
As soon as you get out of jail, contact a DUI attorney immediately. Explain your situation and ask if they are willing and able to talk about your legal options moving forward. Keep in mind that you can face DUI charges even if you weren’t in an accident.
Make sure you record all information about the date and time of your arrest, the arresting officer’s name, and all other relevant information about the incident.
Once a court date is set, it’s vital that you attend all of your scheduled DUI court dates and never miss an appointment. Remember that you should never admit guilt, even if you’re talking about your case or arrest, to people you trust, like family members and friends.
Take note of the DUI laws in Philadelphia, so you’re familiar with the current laws and sentencing guidelines. The more information you have, the better you’ll be able to make your case and defend yourself in court.
Keep in mind that your lawyer might encourage you to negotiate a plea bargain with the prosecution, depending on your unique circumstances.
Possible DUI Penalties In Philadelphia
The penalties for drunk driving (DUI) in Philadelphia usually vary depending on the level of impairment. Someone with a BAC of 0.10% to 0.159% or someone who refuses to take a chemical BAC test may receive anywhere from two days to six months in prison. Fines usually range from $500 up to $5,000. In almost every instance, the defendant will also receive a 12-month license suspension. Other penalties may include mandatory DUI class attendance or further license restrictions.
If this is your first DUI offense in Philadelphia, it is considered a misdemeanor and usually includes a fine, probation, and possible driver’s license suspension. If it’s your second offense, it’s still considered a misdemeanor, but you may face mandatory jail time, a fine, and a one-year license suspension. Drivers must also install an ignition interlock device. For those who have a third DUI offense in Philadelphia, it is a second-degree misdemeanor that includes jail time, a fine, and a one-year license suspension. If you are facing a DUI charge in Philadelphia or surrounding areas, a skilled criminal defense attorney in West Chester, PA, like Mark D. Hauser, can help you understand the penalties and work toward the best possible outcome for your case.
DUI Charges For Underage Drivers
The DUI penalties are strict for underage drivers in Philadelphia, which is why you need an experienced lawyer to represent you. The BAC legal limit for drunk driving for any driver under the age of 21 is 0.02%. All penalties are structured in a three-tier system based on your BAC, and any driver under the age of 18 is referred to the juvenile court system, which focuses on rehabilitation more so than penalties. However, underage DUI penalties may also include jail time that ranges from two days to six months, fines ranging from $500 to as much as $15,000, license suspension from one year to 18 months, and mandatory attendance at alcohol highway safety school. Underage drivers may also be ordered to attend a drug and alcohol treatment program, and driving privileges are usually taken away, even if there was no motor vehicle involved in the incident. Contact our traffic ticket lawyer in Philadelphia to find out how we can help you.
Understanding ARD Eligibility Requirements
Mark D. Hauser has more than 20 years of experience in DUI offenses and as an ARD lawyer. He can handle your case with competency and professionalism. He understands that the circumstances surrounding each case can vary greatly. As you confer with him, he will discuss an effective strategy to effectively fight your DUI case in court.
What are the Qualifications for ARD for a DUI Arrest in Philadelphia and in Pennsylvania Generally?
First of all, what is ARD? Accelerated Rehabilitative Disposition (ARD) is a special pre-trial intervention program in the Commonwealth of Pennsylvania, United States for non-violent offenders with no prior or limited record. In the City of Philadelphia a person can qualify for the ARD Program if: 1. they have no previous misdemeanor or felony convictions (summary offenses are allowed); 2. they had proper license, registration, and insurance on the car in use during the arrest; 3. did not receive ARD in the last 10 years; 4. did not have a passenger under the age of 14 years of age; 5. was not involved in an accident where someone other than the accused was seriously injured 6. did not refuse the blood or breathalyzer test 7. did not leave the scene of the accident if there was one; 8. did not try to allude to the police at the time of the DUI. Other counties in Pennsylvania have similar, but not identical rules for ARD eligibility.
What happens when a person enters the ARD program? The person receives no jail time, is put on probation for 6-12 months, pays fines of around $500.00, takes a safe driving course, and possibly attends drug counseling sessions if deemed appropriate. Their driver’s license is suspended for 30 days if their blood alcohol content is between .10 and .16, 60 days if it is over .16 or if there are drugs in their system, and no suspension if it is under .10. If the person completes the ARD program successfully, then their record will automatically be expunged approximately six months later. However, if the person is convicted of another DUI in the next ten years, this will be considered their second DUI despite the ARD program and the expungement.
Can DUI Convictions Be Reversed?
In some cases, a DUI conviction can be reversed, but you’ll need the help of an attorney to ask for an appeal. It could be worth pursuing if you feel that there was something wrong involving your specific case. Some examples of when the conviction may possibly be reversed include legal errors, constitutional violations, or if new evidence is presented that helps to prove the defendant’s innocence. Other examples include potential prosecutorial misconduct or if there were improper jury instructions, or judicial errors. It may also be reversed or overturned if the breathalyzer test is proven to be inaccurate, the police report contains errors, or the arrest procedure is performed improperly based on the law.
Don’t let a DUI charge prevent you from getting representation from a skilled attorney. If you've been charged with DWI or DUI, you need a lawyer who knows and understands the law. If you're ready to seek the help you need for your DUI case, be sure to contact Mark D. Hauser for a consultation at (267) 584-4093 or contact us today!
How a DUI Lawyer Can Help Reduce or Dismiss Charges
Hiring DWI attorneys is the best step you can take after an arrest. These are a few ways that Mark D. Hauser helps clients in Philadelphia. We analyze and challenge all the evidence available, especially because many DUI and DWI cases are based on breathalyzer results, field sobriety tests, and police reports. These can all be flawed, and it's our job to investigate the accuracy of these tests while making sure your rights are being upheld throughout. By challenging any errors we see, we can weaken the prosecution's case.
We understand that no two cases are the same, which is why Mark D. Hauser creates personalized defense strategies based on the unique details of your arrest. As one of the top DWI attorneys in Philadelphia, Mark D. Hauser uses years of experience to negotiate for reduced penalties. This can usually reduce charges or minimize penalties to keep you out of jail and back on the road. If your case has to go to court, you'll want an aggressive DUI lawyer with a proven track record of courtroom success. Mark D. Hauser's courtroom skills can mean the difference between a conviction and an acquittal.
Contact Mark D. Hauser Today
One feature of successful DWI attorneys is their experience defending DUI and DWI cases. Knowing the local courts, judges, and prosecutors gives us invaluable insights when fighting your case. Our DWI attorneys treat all our clients with respect and provide personalized attention to make sure your defense is crafted to get the best results possible.
Our firm has successfully defended clients against a wide range of DUI and DWI charges, and we understand these charges can have a significant impact on your life! We promise to aggressively defend your case, challenge evidence, and explore all possible defenses.
Mark D. Hauser is one of Philadelphia's top DWI attorneys, so if you're looking for an experienced DUI lawyer, look no further. Take control of your future by giving us a call or filling in our online form today.
