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Chautauqua DWI Lawyer

Doug Gardner

Phil is a Fellow of the American College of Trial Lawyers, a former President of the Erie County Bar Association, and a former Chair of the Disciplinary Board of the Supreme Court of Pennsylvania. He is a former member of the Board of Governors of the Pennsylvania Association for Justice and of the Criminal Rules Committee of the Pennsylvania Supreme Court. He concentrates his practice in the areas of criminal defense and personal injury litigation in both Pennsylvania and New York.

Philip B. Friedman has been practicing law since 1978. He is admitted to practice law in Pennsylvania and New York. He is also admitted to practice in the United States Supreme Court, the United States Court of Appeals for the Third Circuit, and the United States District Court for the Western District of Pennsylvania as well as numerous other federal appellate and district courts. He is a past president of the Erie County Bar Association. He is also a former chairman of the Disciplinary Board of the Supreme Court of Pennsylvania. Phil is a Fellow of the American College of Trial Lawyers. He has been listed as a Pennsylvania Super Lawyer from 2004-2014, an honor earned by the top 5% of attorneys in Pennsylvania as voted by their peers.

In his free time, Phil trains for triathlons and was ranked no. 1 in the United States in his age division in 2013. Phil won the gold medal in the Aquathlon Age Group World Championship in Edmonton in September and a silver medal in the Triathlon World Championship. Also in 2013, he won the Sprint Triathlon National Championship and placed third in the Sprint Triathlon World Championship in London. In 2011, he also won the Sprint National Championship and placed third in the World Championship in Beijing. He is a former president of the Erie Triathlon Club.

What Happens To DUI Offenders in Pennsylvania?

There are now three levels of DUI in the state of Pennsylvania. The DUI laws of Pennsylvania create a higher set of penalties for those having higher BAC levels. It allows for treatment at all levels, and requires alcohol highway safety school for all first and second time offender.

The 3 Levels are:

Note: Under the DUI law minors, commercial drivers, school vehicle or bus drivers, and offenders involved in an accident that injures someone or causes property damage may be subject to the high BAC penalties even if their BAC is not in the high category. Offenders who refuse breath or chemical testing may be subject to the highest BAC penalties.

Pennsylvania DUI Law Highlights:

Level One (Undetermined BAC, .08 to .099% BAC)

No Prior DUI Offenses With One Prior DUI Offense Two or More Prior DUI Offenses
Type of Charge Upgraded Misdemeanor Upgraded Misdemeanor 2nd degree misdemeanor
Court Ordered Drivers License Suspension X 12 month license suspension 12 month license suspension
Jail/Probation Up to 6 months probation 5 days to 6 months jail time 10 days to 2 years prison
Fines $300 $300 to $2,500 $500 to $5,000
Treatment Alcohol Highway Safety School
Treatment when Ordered
Alcohol Highway Safety School
Treatment when Ordered
Treatment when Ordered
Ignithion Interlock Device X 1 Year 1 Year

High BAC (Undetermined BAC, .10 to .159% BAC)

No Prior DUI Offenses With One Prior DUI Offense Two or More Prior DUI Offenses Three or More Prior DUI Offenses
Type of Charge Upgraded Misdemeanor Upgraded Misdemeanor 1st degree misdemeanor 1st degree misdemeanor
Court Ordered Drivers License Suspension 12 month license suspension 12 month license suspension 18 month license suspension 18 month license suspension
Jail/Probation 48 hours to 6 months prison 30 days to 6 months prison 90 days to 5 years prison 1 to 5 years prison
Fines $500 to $5,000 $750 to $5,000 $1,500 to $10,000 $1,500 to $10,000
Treatment Alcohol Highway Safety School
Treatment when Ordered
Alcohol Highway Safety School
Treatment when Ordered
Treatment when Ordered Treatment when Ordered
Ignithion Interlock Device X 1 Year 1 Year 1 Year

Highest BAC (Undetermined BAC, .16 BAC and higher)

No Prior DUI Offenses With One Prior DUI Offense Two or More Prior DUI Offenses Three or More Prior DUI Offenses
Type of Charge Upgraded Misdemeanor Upgraded Misdemeanor 1st degree misdemeanor 1st degree misdemeanor
Court Ordered Drivers License Suspension 12 month license suspension 12 month license suspension 18 month license suspension 18 month license suspension
Jail/Probation 48 hours to 6 months prison 30 days to 6 months prison 90 days to 5 years prison 1 to 5 years prison
Fines $500 to $5,000 $750 to $5,000 $1,500 to $10,000 $1,500 to $10,000
Treatment Alcohol Highway Safety School
Treatment when Ordered
Alcohol Highway Safety School
Treatment when Ordered
Treatment when Ordered Treatment when Ordered
Ignithion Interlock Device X 1 Year 1 Year 1 Year

Specific Components of Pennsylvania DUI Laws

Accelerated Rehabilitative Disposition (ARD)
Requires courts to impose suspensions for BAC ARDs based on the following BAC ranges:
  • Less than .10% - no suspension,
  • .10% to less than .16 - 30 day suspension, or
  • .16% and above - 60 day suspension

License Suspensions

Suspensions will be imposed as follows:

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