Worgul, Sarna & Ness, Criminal Defense Attorneys is a local criminal defense law firm in Pittsburgh, PA. Our defense attorneys have over a decade of experience defending clients in trial and resolving cases outside of court. Our criminal lawyers have handled over 80 combined jury trials. We won't convince you to take a plea or settle when you want a trial. Instead, we'll help you weigh your options to make the best decision for YOU. Our Pittsburgh criminal attorneys help clients who have been charged with juvenile crimes, DUIs, drug crimes, kidnapping, assault, fraud & many other types of criminal cases. We assist clients in Pittsburgh, Allegheny County and throughout PA. Schedule a free consultation with a criminal lawyer near you today.

Criminal Defense Attorney in Pittsburgh, PA
Being charged with a misdemeanor or felony crime in Pittsburgh doesn’t have to change the course of your life, but it can. Having the right Pittsburgh criminal defense lawyer, DUI attorney, or drug lawyer working with you to minimize the charges can make all the difference in whether or not your criminal charge plagues you for years to come. For example, receiving your first offense DUI in Pennsylvania can be a terrifying ordeal, but there are many options available to you. It helps to have an experienced Pittsburgh criminal defense attorney near you who knows not only the law, but the prosecutors, law enforcement, and the ins and outs of Allegheny County courts.

Why Work With Our Pittsburgh Criminal Lawyers?
Our criminal defense attorneys in Pittsburgh have more than 25 years of combined experience successfully defending clients in trial and resolving cases outside of court. Attorney Michael Worgul’s career has been 100% dedicated to defending the rights of people who have been accused of misdemeanor and felony crimes right here in the Pittsburgh area. Our defense attorneys in Pittsburgh will walk you through the Pennsylvania legal system and lay out the options available to you under the law. You might be scared or stressed, but we can help alleviate your worries and demystify the consequences.

What makes us some of the best criminal criminal defense attorneys in Pittsburgh, PA? We will never convince you to take a plea deal or settle if you want a trial. When you’re a client, we’re a team. We help you understand the options so you can make the best decision for your situation. If you want a trial, we will fight for you. Other criminal attorneys might try to discourage trial because it can be anxiety-inducing or costly for them. We care most about the best possible outcome so you can move on with your life. Just ask the 300+ clients who have given us 5-star reviews on Google.

DUI Defense Attorneys in Pittsburgh, PA
A Pittsburgh DUI lawyer with Worgul, Sarna & Ness could be the difference in getting a reduction, a dismissal of your charges, or preserving your ability to drive.

Contact our DUI lawyers in Pittsburgh today or call 412-231-9194 to schedule a free and confidential DUI consultation.

In this article (click the section you’d like to go to, or continue scrolling):

Free Consultation With a DUI Lawyer
Pennsylvania DUI Laws
DUI Penalties
Other DUI Consequences
DUI Dismissals, Reductions, and Alternatives
Defending Against DUI Charges
Questioning DUI Tests
Can You Refuse a DUI Test?
DUI FAQs
Why Choose Us?
Free Consultation With A DUI Attorney in Pittsburgh, PA
Not interested in reading about Pennsylvania DUI laws? That’s okay. Our DUI attorneys in Pittsburgh are here to answer any questions you might have and to help you navigate the Pennsylvania criminal justice process. Learn more about your rights and options when facing drunk driving charges in Pittsburgh, Allegheny County, and elsewhere in Pennsylvania. Call 412-231-9194 or submit an online request for your free, confidential DUI consultation.

Contact Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC for a free consultation. Our Pittsburgh DUI lawyers have decades of experience in Pennsylvania criminal law, appreciate what is at stake for you if convicted of a DUI, and we relentlessly pursue the best possible resolution.

Pennsylvania DUI Laws
Under 75 Pa. Code §3802, it is illegal to drive under the influence of alcohol, a controlled substance, or both.

Pennsylvania’s legal limit for drivers over 21 is 0.08%. For drivers under 21, the BAC is 0.02% or higher. If you have a CDL the limit is 0.04%. You can be charged with a DUI in Pennsylvania if you drive, operate, or are in actual physical control of a vehicle under the following:

You are incapable of safely driving, operating, or being in physical control of the vehicle.
Your BAC is at least 0.08%.
You may also be charged with a DUI in Pennsylvania if you:

Have a controlled substance or a metabolite in your blood.
Are under the influence of drugs and/or alcohol to the degree that impairs your driving.
Pennsylvania DUI Penalties & Jail Time
Pennsylvania has a tiered system of penalties for DUIs based on the level of your BAC, your past record, and other aggravating factors.

Common Consequences for a DUI in Pittsburgh, PA
Drunk driving in PA is usually a misdemeanor conviction and can result in jail time, probation, a lengthy driver’s license suspension, and other serious consequences.

First DUI Offense
Ungraded misdemeanor, no jail time, up to six months of probation, a fine of $30, alcohol safety school, and treatment.

First DUI With a High BAC (0.10 and 0.159%)
Ungraded misdemeanor, punishable by two days to six months in prison, a fine up to $5,000, a one-year license suspension, alcohol safety school, and treatment.

First DUI With an Extreme BAC (0.16% or Higher)
Ungraded misdemeanor, punishable by three days to six months jail, a fine up to $5,000, one-year license suspension, alcohol safety school, and treatment.

Second DUI Offense
Ungraded misdemeanor, punishable by five days to six months in jail, a fine up to $2,500, a one-year license suspension, one-year ignition interlock device installed on your vehicle, alcohol safety school, and treatment.

Second DUI With a High BAC (0.10 and 0.159%)
Ungraded misdemeanor, punishable by 30 days to six months in jail, a fine up to $5,000, a one-year license suspension, one year of an IID on your vehicle, alcohol safety school, and treatment.

Second DUI With an Extreme BAC (0.16% or Higher)
Ungraded misdemeanor, punishable by 90 days to five years in jail, fines up to $10,000, 18-month license suspension, one-year IID installation, alcohol safety school, and treatment.

Third DUI Offense
Second-degree misdemeanor, punishable by ten days to two years in jail, a fine up to $5,000, a one-year license suspension, one-year IID installation, alcohol safety school, and treatment.

Third DUI With a High BAC (0.10 and 0.159%)
First-degree misdemeanor, punishable by 90 days to five years in jail, a fine up to $10,000, 18-month license suspension, one year of an IID on your vehicle, alcohol safety school, and treatment.

Third DUI With an Extreme BAC (0.16% or Higher)
Third-degree felony, punishable by up to seven years in prison, a fine up to $15,000, an 18-month license suspension, a one-year IID installation, alcohol safety school, and treatment.

Deana’s Law Could Increase Your DUI Penalties
Passed in 2022, Act 59—known as Deana’s Law—increases DUI penalties for repeat offenders. Specifically, the law states that someone who:

Commits a DUI and refuses a breath or chemical test
Has a BAC of .16 or higher; OR
Commits a DUI involving a controlled substance
will face third-degree felony charges if they have two prior offenses. These charges could result in a max prison sentence of seven years. If you have three or more prior offenses, you face second-degree felony charges, which result in up to ten years in prison. Furthermore, the law states that an individual’s sentence will be served consecutively with any other sentence the court imposes.

Other DUI Consequences
Whether you’re found guilty or agree to a plea, a DUI gives you a permanent criminal record. This can have a profound, negative impact on your life:

Ineligibility or difficulty obtaining professional licenses, including a CDL
Difficulty obtaining a job
Difficulty getting approved for rental housing
Immigration issues
Child custody and visitation issues
Higher auto insurance premiums
DUI Challenges for Students in Pennsylvania
Student or underage offenders might find it challenging to get into college and qualify for financial aid, such as grants and scholarships. You might also have trouble finding and retaining a good job if you have an underage DUI.

Penalties For Repeat DUI Offenders in Pennsylvania
In December 2018, Pennsylvania passed Act 153, which increases penalties for repeat DUI offenders and those who cause deaths while under the influence. According to Act 153, a third-time DUI conviction with a high BAC can be charged as a felony within ten years.

Additionally, it allows for increased penalties for DUI Homicide, which was three years in prison and is now up to seven years in prison. It also increases penalties for driving under the influence while under a DUI license suspension.

DUI Charges Can Be Dismissed, Reduced, And Other Alternatives
Drunk driving is among the most common criminal charges people in Pittsburgh, PA face. This is because anyone can make a mistake. It’s also why our DUI lawyers in Pittsburgh are committed to helping people move on, so a single incident doesn’t define the rest of your life.

Don’t be discouraged if you’re accused of drunk driving in Pittsburgh. The law allows for some alternatives to help you. For instance, if it is your first DUI offense in PA, you could be eligible for Pennsylvania’s Accelerated Rehabilitation Disposition Program (ARD).

No DUI Case is Hopeless
ARD is one option for avoiding jail and a criminal record for driving under the influence, but there are others. If mistakes were made or you want to prove your innocence, working with a Pittsburgh DUI lawyer can help secure a dismissal, reduced charges, or acquittal.

Our DUI lawyers in Pittsburgh, PA may be able to:

Challenge the DUI stop
Question the validity of any DUI tests
Help you arrange bail
Get you driving privileges and protect your license
Negotiate a reduced charge or another favorable result
Collect evidence and witnesses to prove your innocence
Get your free consultation today.

How to Defend Against DUI Charges in Pennsylvania
We know how to fight DUI charges, whether it was a lapse in judgment or you were never impaired.

We hear two common questions from people charged with drunk driving:

How Can I Fight a DUI?
Can I Get out of a DUI if I was drinking and driving?
Your DUI Defense Options
Let our Pittsburgh DUI attorneys help you understand what you are up against and aggressively defend you in court.

Many potential defenses could apply to your DUI case, even if you got behind the wheel after having a couple of drinks.

The Police Had No Probable Cause To Stop You
Our DUI lawyers investigate all the facts of your DUI case to determine whether or not the police stop of your car was legal. If the stop wasn’t legal, then the evidence gathered during the stop is inadmissible and can’t be used in court.

The police must have probable cause to pull you over for a DUI stop. For example, they would need to have observed your car weaving between lanes or nearly hitting another vehicle. If they did not, the stop should not have been made, and any evidence obtained during the stop will not be admissible.

What’s Allowed?
Federal law strictly governs police stops to safeguard your fundamental rights. The Fourth Amendment of the U.S. Constitution protects you from unreasonable government searches and seizures. Under this protection, there are three kinds of permissible contact with citizens:

Mere Encounter – This is a casual encounter. You have no legal obligation to answer questions.
Investigative Intention – Police have the authority to stop your vehicle if they have a reasonable suspicion that you are in the act of violating or have violated a law.
Custodial Detention or Arrest – Police may arrest you if they have probable cause that a crime is occurring or did take place.
You Were Not on a Public Road
Pennsylvania DUI laws stipulate police may stop a vehicle only on a public road or in a location open to the public for vehicular traffic. If you were driving your car on private property not open to general traffic, your DUI charges would not hold up in court.

Insufficient Evidence of Impairment
The police will look you over for signs of intoxication during a stop, such as alcohol on your breath, mumbled speech, or glassy, bloodshot eyes. They intend to use what they observe to establish probable cause for DUI charges. However, police officers make mistakes.

Criminal Law