DUI And DWI
Last updated on October 22, 2026
Driving under the influence (DUI) or driving while intoxicated (DWI) is a criminal offense in Pennsylvania and can lead to severe penalties. If you or a loved one has been accused of a DUI, it is crucial that you get help from a good DUI lawyer.
The experienced criminal defense attorneys at O'Donnell, Weiss & Mattei, P.C., will quickly and correctly identify all potential defenses available to combat your DUI charge. Our attorneys are very familiar with the local court systems and will navigate you through the unfamiliar process from beginning to end.
In addition, we are able to advise individuals on first-time offender programs, such as Accelerated Rehabilitative Disposition (commonly referred to as ARD) and second-time offenders’ programs, such as the Intermediate Punishment Program (often referred to as IPP) in Chester County and the Second Time Offender Program in Berks County (widely referred to as STOP).
First-Time DUI Offenses And The ARD Program
A first-time DUI arrest in Pottstown can bring fear and anxiety. You may be worried about your job, your license and what your family will think.
For first-time, nonviolent offenders, Pennsylvania offers a lifeline: Accelerated Rehabilitative Disposition (ARD). Understanding how the ARD program in Pennsylvania works is often the first step toward regaining a sense of control.
What Is ARD And How Does It Work?
ARD is a pretrial diversion program. Your case is paused while you complete a set of court-ordered conditions. ARD is not a conviction. If you complete the program successfully, the court dismisses the charges.
For many people facing a Pottstown first offense DUI charge, ARD offers a practical path forward. The main advantages include:
- No mandatory jail time: Because ARD is not a conviction, the mandatory jail terms tied to a DUI conviction do not apply. For many clients, avoiding jail time for a DUI in Pennsylvania is the first concern they raise.
- Shorter license suspension periods: Any suspension under ARD is typically shorter than one that follows a conviction. Depending on your blood alcohol content, you may face no suspension at all.
- Possible expungement: After you successfully complete the program, you can petition to have your criminal record expunged. This gives you a chance to keep a clear DUI record in Pennsylvania.
Each of these benefits depends on completing every program condition on time.
Eligibility In Montgomery And Chester counties
The Montgomery County ARD requirements share the same baseline criteria as those in Chester County. In general, you must have no prior record, the incident cannot involve serious injuries and you cannot have had a passenger under 14 in the vehicle.
Meeting these criteria is only the starting point. Admission into ARD is at the District Attorney’s discretion, and each county’s district attorney reviews the facts of the arrest before deciding.
Why You Need An Attorney For ARD
ARD is not automatic. A lawyer needs to formally apply on your behalf, advocate for you with the district attorney and make sure you meet all the program’s strict conditions. One missed class or payment can remove you from ARD and send your case back toward trial. Our attorneys work together, reviewing each ARD application from several angles before it reaches the district attorney.
Frequently Asked Questions About DUI Charges
What is a DUI?
A person commits the criminal offense of driving under the influence (commonly referred to as DUI) when he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcohol or a controlled substance. The driver has consumed alcohol or another substance to the extent that his or her faculties are impaired, or when his or her blood alcohol content (commonly referred to as BAC) is above the legal limit of .08%.
What is the blood alcohol content (BAC) limit in Pennsylvania?
In Pennsylvania, DUI penalties are divided into three main categories that are based on your recorded BAC at the time of the arrest. The three levels of BAC are:
- 0.08 – 0.099 (lowest penalty)
- 10 – 0.159 (higher penalty)
- 16 and above (highest penalty)
What are the penalties in Pennsylvania for a DUI?
Pennsylvania has taken the position that your BAC and the number of times you have committed a DUI will dictate the penalty. A DUI can carry the following penalties upon a conviction:
- A criminal record
- Mandatory jail time
- Suspension of driver’s license
- Fines and costs
- Drug and alcohol assessment
- Alcohol highway safety school
Contact Us Today To Start Your Defense
To speak with a DUI attorney at OWM Law, call 610-323-2800. We have office located in Pottstown, and we can also be reached through our online contact form.