Pittsburgh DUI Lawyer

Experienced DUI Legal Representation in Pittsburgh

Whether your accusation involved an accident or not, charges for driving under the influence (DUI) or driving while intoxicated (DWI) are serious matters. The penalties upon conviction are severe, and they can be more so if the charge involved:

• An accident with another vehicle
• Property damage
• Vehicular damage
• Death or injury

Why Hire Our Pittsburgh DUI Defense Team?

Every DUI case is different, so you need an experienced and practical Pittsburgh DUI lawyer who has an understanding of a wide range of DUI scenarios and a thorough understand of the complex criminal defense laws that surround your case. Herb & Winters Law has over 40 years of experience handling hundreds of jury trials, and we will provide personalized defense strategies unique to your case. 

Don't get stuck with the long-term damage of a DUI charge. Let a DUI lawyer in Pittsburgh PA represent you to reduce or eliminate your charges. Call (412) 533-4821 or reach out online to get started.

What Constitutes as "Driving Under the Influence?"

It is illegal to drive or be in actual physical control of a vehicle while under the influence of alcohol or drugs or with any amount of controlled substances in the driver’s blood. Note that a driver is considered to be “under the influence” if they are impaired to the extent that they are incapable of safely driving.

Alternatively, a driver can be charged with “per se DUI” if they are found to have the following blood alcohol content (BAC), depending on the situation: 

• .08% or more; 
• .04% or more for commercial drivers;
• .02% or more for bus drivers and drivers under the age of 21.

What is the Accelerated Rehabilitative Disposition (“ARD”) Program for DUIs in Pittsburgh? 

To see if you are potentially eligible for the ARD program after a DUI, we highly recommend that you call to speak with one of Herb & Winters Law’s DUI attorneys in the Pittsburgh area. 

To be clear, the benefit of being able to participate in the ARD program is that you will not be incarcerated due to the crime. Moreover, perhaps the most important benefit of all is that you are not pleading guilty to a DUI. In fact, if you successfully complete the ARD program, then the charge can be expunged (cleared) from your record. The potential punishments associated with the ARD program are far less harsh than if you were not in this program. Contact one of our Pittsburgh DUI lawyers from Herb & Winters Law to get a better idea about your chances of getting your DUI accepted into the ARD program. 

A defendant charged with a DUI ‘may’ be considered by the prosecutor for participation within the ARD program; however, this is not a right. Generally, you are not eligible for ARD in Pittsburgh (i.e. Allegheny County) if: 

• An accident occurred in the course of the DUI and an individual other than the defendant was killed or suffered serious bodily injury as a result of the accident; 
• There was a passenger under 14 years of age in the motor vehicle while it was being operating by the Defendant (connected with the DUI); 
• You have received ARD for DUI in the previous ten (10) years (there are exceptions to this rule). 

If accepted into the ARD program, you will not face the possibility of jail time. You still could be subject to certain other negative consequences (for example, driver’s license suspension for a certain period of time, etc.). To understand the negative consequences you could be facing, please contact one of our DUI Lawyers located in Pittsburgh. 

Implied Consent and DUI in Pittsburgh

Drivers lawfully arrested for DUI are required by law to submit to a breath or blood test to determine the amount of drugs or alcohol in their system. Refusal could result in 12 months of license suspension and a $500 license reinstatement fee. Second and subsequent refusals could warrant 18 months of suspension and $1,000-$2,000 in fines. 

DUI Sentencing & Penalties in Pennsylvania

What are some of the Consequences that I could Face Because of a Pittsburgh DUI? 

Pennsylvania DUI law categorizes DUIs into 3 different penalty classes, depending on the BAC level – general impairment DUIs (.08%-.10%), high rate DUIs (.10%-.16%), and highest rate DUIs (.16% or more). In all three classes, the jail time, fines, and license suspension penalties will depend on how many prior offenses the defendant has within the past 10 years.

To best determine the potential consequences that could be imposed upon you, this could range from incarceration, fines, suspension of driver’s license, problems with professional licenses, loss of right to vote, and damage to reputation & future opportunities are among some of the potential negative consequences. Depending upon the background facts and severity of the offense, this will greatly impact the worst case scenarios. To determine the potential negative consequences associated with your particular DUI charge, we recommend that you call to schedule a consultation with one of our Pittsburgh DUI attorneys. 

For example, in cases involving an accident wherein there is property damage and/or death or substantial bodily harm, the penalties are significantly harsher. However, first time offenses accepted into the ARD program come with the lightest possible consequences. 

General Impairment DUI (.08%-.10%) Penalties

• 1^st offense – 6 months of probation; $300 in fines
• 2^nd offense – up to 6 months in jail; $300-$2,500 in fines; 12 months of license suspension
• 3^rd offense – up to 2 years in jail; $500-$5,000 in fines; 12 months of license suspension

High Rate DUI (.10%-.16%) Penalties

• 1^st offense – up to 6 months in jail; $500-$5,000 in fines; 12 months of license suspension
• 2^nd offense – up to 6 months in jail; $750-$5,000 in fines; 12 months of license suspension
• 3^rd offense – up to 5 years in jail; $1,500-$10,000 in fines; 18 months of license suspension

The above also applies to offenses involving a commercial vehicle, drivers under the age of 21, or accidents resulting in injury, death, or property damage.

Highest Rate DUI (.16% or more) Penalties

• 1^st offense – up to 6 months in jail; $1,000-$5,000 in fines; 12 months of license suspension
• 2^nd offense – up to 5 years in jail; $1,500-$10,000 in fines; 18 months of license suspension
• 3^rd offense – up to 5 years in jail; $2,500-$10,000 in fines; 18 months of license suspension

DUI Penalties Regardless of Penalty Class

All defendants, regardless of the penalty class, must complete an alcohol and drug evaluation, as well as up to 150 hours of community service. Some may also be asked to attend a DUI victim’s impact panel. Note that the penalties may increase if aggravating factors were present, such as if the drunk driver was transporting a minor passenger.

Drivers who have their licenses suspended will be required to use an ignition interlock device (IID) for at least one year after reinstatement. In some situations, it may be possible for drivers to restore limited driving privileges during suspension if they use an IID.

Why Hire a Pittsburgh DUI Attorney from Herb & Winters Law?

Herb & Winters Law’s Pittsburgh DUI lawyers understand that the days after an arrest or call from a detective are both frightening and stressful for you and your family members. Whether you have been charged with a misdemeanor or felony, you have a lot of questions, and you want to know what is going to happen next. Most importantly, you have to make critical decisions right away and we highly recommend having a Pittsburgh DUI attorney by your side when you have to make those highly important decisions. 

When you call our law firm, we have experienced DUI lawyers who can assist you in addressing your legal problems and that can help you make informed choices when things matter the most. After learning about your situation, we can discuss next steps and how to best proceed in your situation. Our knowledgeable Pittsburgh DUI attorneys are committed to providing you with the compassion and understanding that you deserve to help reduce the stress associated with the legal process, so that you clearly understand the process and game plan. 

You need to start fighting your DUI case right away, which is why it is so important to call and schedule a consultation with one of our Pittsburgh DUI attorneys right away. Once one of our Pittsburgh DUI attorneys is hired, we can start investigating evidence right away so that valuable evidence is not lost. We are happy to discuss any summary offense, misdemeanor, and felony with you via a consultation which can be conducted by phone, video call, or in-person.  

Ultimately, before deciding on a DUI attorney for your case, it is highly important that a potential client and attorney speak with one another so that each side can get a feel for what it will be like working together. There is no other bond like the one between an attorney and his client. Your decision on who to hire as your lawyer may be the most important decisions of your life. Call one of Herb & Winters Law’s Pittsburgh DUI Attorneys today!

What will the Process be like Dealing with A Pittsburgh DUI Attorney from Herb & Winters Law?

1. The first step in the process is to schedule a consultation with one of Herb & Winters Law’s Pittsburgh DUI attorneys, so that we can gather more information about the situation that you are dealing with. The consultation process allows us to gather some preliminary factual information that will be very important to determine how to best proceed moving forward. The consultation can be conducted via phone, video call, or in-person (whatever is most convenient for you). You call into our law office to inquire about scheduling a consultation with one of our DUI lawyers. Typically, a consultation can last up to one (1) hour. During this consultation, after gathering more facts about your situation, we can give you preliminary advice on next steps regarding how you should best proceed. 
2. The second step in the process is to agree to the cost of representation by agreeing to a fee agreement between yourself and one of our Pittsburgh DUI attorneys and law firm. It is highly important that a fee agreement is, at least, confirmed in writing so that you are aware what the fees/costs will be with respect to your representation by a Pittsburgh DUI attorney. If a fee agreement is reached, then next steps in the process will be communicated to you. 
3. The third step is to proceed with next steps in the defense of the DUI charges against you. Because each DUI case has to be evaluated in a case-by-case basis, the next steps that we recommend could be different in your specific and individualized case. However, you would know what the goal is with each step in the legal process. Do not delay, call a DUI lawyer today at Herb & Winters Law.

How Much does a Pittsburgh DUI Attorney Charge at Herb & Winters Law? 

To determine the price of representation, you will need to have a consultation with one of Herb & Winters Law’s attorneys (as each case must be assessed on a case-by-case basis). Depending upon the nature of the charges and the facts, the cost can vary greatly depending upon a number of factors. For example, a first-time DUI is going to be cheaper than a DUI resulting in death. 

Our Pittsburgh DUI attorneys may charge a flat fee or may charge an hourly fee (this is a case-by-case determination). Our attorneys may agree to represent you through a particular point in the litigation. There are various different ways a fee agreement can be structured; however, this is usually determined at the time of the consultation or shortly after the consultation.

How can a Pittsburgh DUI Attorney potentially help me get into the ARD Program? 

ARD is not a program that you automatically qualify for and are entered into. Rather, this typically requires a close review of the facts and negotiations to attempt to get you moved into the ARD program. 

Some judges or prosecutors are more strict on enforcing penalties than others, and an experienced Pittsburgh DUI lawyer could help you determine your chances of getting into the ARD program along with attempt to negotiate on your behalf your entry into the ARD program. 

If you have questions about DUIs and the ARD program in Pittsburgh (Allegheny County), then please contact one of our Pittsburgh DUI Lawyers with Herb & Winters Law today, which could be the difference between getting a reduction, dismissal of your charges, or preserving your ability to drive.

What Might a Pittsburgh DUI lawyer with Herb & Winters Law be able to do with respect to my DUI case?

Each case is unique and must be reviewed on a case-by-case basis. Depending upon the facts, a Pittsburgh DUI lawyer might be able to assist you: 

• Contest the Validity of a DUI Test
• Challenge the Legality/Constitutionality of the DUI Stop
• Get you Driving Privileges and Protect Your License
• Negotiate a Reduced Charge or Another Favorable Result (Like Getting Put into ARD, etc.)
• Collect Evidence and Witnesses to Prove Your Innocence
• Help You Arrange for Bail

What is Unique about Herb & Winters Law’s Pittsburgh DUI lawyers? 

Attorney James M. Herb, a partner of our law firm, has represented criminal defendants for over forty (40) plus years, which makes him one of the most experienced DUI attorneys in the Pittsburgh area. He has handled many DUIs throughout his time during the practice of law. In terms of criminal experience, Attorney James M. Herb has represented criminal defendants in matters ranging from high-profile murder cases to simple summary offenses. 

Herb & Winters Law was recognized as one of the fastest growing law firms in the country by Law Firm 500 in 2023, which we believe is an indication of the excellent service that we have provided our clients. Since our law firm was also founded in the 1970s, our law firm is also among one of the oldest full-service law firms in the Pittsburgh area. Trust the experience of Herb & Winters Law when you select a DUI attorney. 

We believe that our experience and success sets us apart from other Pittsburgh DUI lawyers. Do not delay, call a Pittsburgh DUI attorney at (412) 533-4821 today. 

Get Immediate Help from Our Pittsburgh DUI Lawyers

If you have been charged with a DUI in Pittsburgh, PA, do not hesitate to contact our team at Herb & Winters Law for legal representation. The first thing you should do after arrest or accusation is contact a DUI defense lawyer. The quicker you reach out to an attorney, the quicker they can examine the available evidence and build a strong defense. 

Our trial lawyers can take a look at your situation and lay out all your legal options to help you make the best decision for your situation. For example, we might be able to argue for reduced or even dismissed charges, or we can help you petition for an IID license so you can still drive in some capacity while your license is suspended.

Time is of the essence in a DUI case. Contact our firm online or at (412) 533-4821 to discuss your legal options following a DUI accusation.