Philadelphia DUI Lawyer


to top

Give yourself the best chance to avoid jail and other penalties.

A drunk driving conviction could tear your world apart. A Philadelphia DUI lawyer with proven results is your best chance to avoid going to jail, losing your license, and jeopardizing your future.

Fienman Defense focuses on DUI cases in Philadelphia County. Attorney Michael H. Fienman is a skilled negotiator and trial lawyer who fights to clear your name. When a DUI charge threatens everything you value, get the best legal advantage possible.

Call Fienman Defense at (215) 839-9529 to schedule your free case evaluation.

Call for Free Consultation

Proven Results for DUI Charges

Why Should You Choose Fienman Defense?

Pennsylvania uses a three-tier DUI penalty system: the higher the tier, the greater the penalties. If you have previous DUI charges or your blood alcohol concentration is exceptionally high, you could lose your license, job, and freedom.

Attorney Fienman is an experienced Philadelphia DUI attorney. He knows how to get the best results in your case by scrutinizing police conduct and mounting aggressive defenses to:

  • Get the charges dropped
  • Avoid the harshest penalties, including jail
  • Win an acquittal

Related Reading: 4 Police Mistakes That Can Dismiss Your Case

It is risky to trust your future and freedom to an overworked public defender. You certainly face an uphill battle if you try to defend yourself since the court will hold you to the same legal standards as the prosecution. Call Fienman Defense for the best possible defense to your DUI charges.

Award-winning DUI Defense

  • Best DUI Lawyer in Philadelphia by National Council on DUI Defense
  • 10.0 Rating from Justia
  • Rising Star Super Lawyer
  • Preeminent for Ethical Standards & Legal Ability by AV Martindale-Hubbell
  • 14 Best Criminal Defense Lawyers by Newsweek
  • Top 10 Criminal Defense Attorneys under 40 by National Academy of Criminal Defense Attorneys

How We Defend a DUI Charge

An experienced DUI defense attorney looks for cracks in the prosecution’s case or mistakes made during your arrest.

Attorney Fienman reviews your case, including whether the police:

  • Had Reasonable Suspicion To Pull You Over: We fight to remove evidence collected from an illegal traffic stop.
  • Had Reasonable Cause To Give You a Chemical Test: Chemical test results are not admissible if the police didn’t have the right to take them.
  • Administered the Chemical Test Correctly: We question the device’s calibration and testing procedure to suppress test results. See also: Can medications affect breathalyzer?
  • Had Reasonable Cause To Search Your Car: Evidence secured from an illegal search and seizure is inadmissible and a violation of your Fourth Amendment rights.

There are ways to avoid harsh penalties, like jail time. Talk with a Philadelphia DUI lawyer about alcohol treatment resources. A judge may be lenient if you get help for an addiction.

Reasons for Police to Suspect DUI

For the police to pull you over, they need reasonable suspicion that you’re committing a crime.

They need facts to suspect you of a DUI, such as:

  • Weaving in and out of your lane
  • Failing to stop at a stop sign
  • Seeing you drink from an alcohol container

Field Sobriety Tests

Police who pull you over for suspected drunk driving will give you a field sobriety test. Field sobriety tests are physical and cognitive tests officers use to gather clues that you’re intoxicated. There are three standardized field sobriety tests:

  • The walk-and-turn test
  • The one-leg stand test
  • The horizontal gaze nystagmus test – follow an object with only your eyes while your head stays still
  • Counting backward or reciting the alphabet in reverse

What Happens if I Fail These Tests?

Failing a field sobriety test is not conclusive proof that you are intoxicated. You could have an injury or balance issues that affect the physical test. If you fail the field sobriety test, police will probably arrest you.

After the police arrest you for a DUI, they will ask you to submit to DUI testing to confirm your BAC. The result of this test is the basis for the prosecution’s case against you.

Chemical Testing

Pennsylvania, like most states, has an implied consent law. This law says you must submit to chemical testing if an officer has reasonable grounds to believe you’re driving under the influence of drugs or alcohol.

If you refuse the chemical test, you will lose your driver’s license for at least a year, even if you win your DUI case in court.

Are These Tests Accurate?

These tests aren’t 100% accurate like the cops want you to believe. Certain medical conditions, such as diabetes, can register a false positive for intoxication on a breath test. Breathalyzer tests must be calibrated and checked regularly, or they produce inaccurate results.

We highly recommend calling a Philadelphia DUI lawyer to scrutinize the equipment, the process, who administered the test, and the results for accuracy.

Legal Representation at Every Step

Fienman Defense provides legal representation at each stage of your DUI arrest.

A Philadelphia DUI lawyer:

  • Protects your legal rights
  • Represents you at arraignment and all court matters
  • Files an appeal to have your license reinstated
  • Seeks bail so you can go home
  • Identifies procedural or evidentiary errors for a dismissal
  • Requests a pretrial diversion program if you are eligible
  • Plea bargains on your behalf
  • Argues your case at trial if necessary

Get ARD Instead of Jail

The Accelerated Rehabilitative Disposition (ARD) program is a pretrial diversion program that allows first-time offenders the opportunity to take responsibility without suffering irreversible consequences. Attorney Fienman helps many first-time DUI offenders enter the ARD program.

Benefits of ARD

The Benefits of ARD include the following:

A Philadelphia criminal defense lawyer can help you enter ARD if you are a first-time DUI offender. So long as you complete all entry requirements and the ARD program, you can wipe your record clean.

FAQ for Philadelphia DUI Charges

Can the Police Pull Over Anyone for a DUI?

No. The police need probable cause to pull you over. For example, you are driving too fast or too slow or weaving between lanes.

Do I Have to Answer Questions or Give Information in a DUI Traffic Stop?

Legally, you are only required to provide your driver’s license, vehicle registration, and proof of insurance. You do not have to answer any questions, and in fact, a Philadelphia DUI lawyer encourages you to remain silent. You can politely say, “I’m not going to answer questions.”

Do I Have To Get Out of My Car at a DUI Stop?

Yes, if the police ask you to step out of the vehicle, you should. Try to remain calm to avoid escalating the situation.

Can I Refuse To Take a Field Sobriety or Breath Test?

You may refuse to take a field sobriety test, a breath test, or both. There are no legal consequences for refusing a field sobriety test. If you turn down the breath test, the Pennsylvania Department of Transportation automatically suspends your driver’s license.

Could I Get My License Back Sooner?

A Philadelphia DUI lawyer can file a request for an administrative hearing to help you get your driving privileges reinstated. It is possible to shorten a license suspension if you agree to an ignition interlock device or agree to the terms of a restricted license (from work to home).

Do I Need a DUI Lawyer?

It is in your best interest to have an experienced DUI lawyer to protect your rights and help keep you from jail or other penalties.

Penalties for DUI

We fight against the harshest penalties and a potential criminal record.

The sentence you face for a DUI depends on whether it is a first or subsequent DUI charge and your BAC.

Pennsylvania has a three-tier system based on BAC levels:

You should know that legal intoxication for individuals with a commercial driver’s license is .04%.

First Tier, First DUI (Ungraded Misdemeanor)

  • Up to six months of probation
  • $300 fine
  • Alcohol highway safety school
  • Alcohol treatment programs likely

First Tier, Second DUI (Ungraded Misdemeanor)

  • Five days to six months in jail
  • $300 to $2,500 in fines
  • Alcohol highway safety school
  • One-year license suspension
  • Alcohol treatment programs likely
  • Ignition interlock device for one year

Second Tier, First DUI (Ungraded Misdemeanor)

  • Two days to six months in prison
  • $500 to $5,000 in fines
  • One-year license suspension
  • Alcohol highway safety school
  • Alcohol treatment programs likely

Second Tier, Second DUI (Ungraded Misdemeanor)

  • Thirty days to six months in prison
  • $750 to $5,000 in fines
  • One-year license suspension
  • Alcohol highway safety school
  • Alcohol treatment programs likely
  • Ignition interlock device for one year

Third Tier, First DUI (Ungraded Misdemeanor)

  • Three days to six months in prison
  • $1,000 to $5,000 in fines
  • One-year license suspension
  • Alcohol highway safety school
  • Alcohol treatment programs likely

Third Tier, Second DUI (First-Degree Misdemeanor)

  • Ninety days to five years in prison
  • $1,500 to $10,000 in fines
  • Eighteen-month license suspension
  • Alcohol highway safety school
  • Alcohol treatment programs likely
  • Ignition interlock device for one year

Other Consequences of a DUI Conviction

The possible effects of a DUI conviction reach far beyond jail time, probation, fines, and a license suspension. A DUI conviction stays on your record and appears on background checks for jobs, loans, and travel visas.

These additional consequences include:

  • Court fees and fines
  • Payment for installation, maintenance, and removal of the ignition interlock device
  • Payment for public transportation or rideshares
  • Higher auto insurance premiums once you can drive again
  • Difficulty finding or maintaining a job
  • Impact on your child custody or visitation arrangement
  • Difficulty with your immigration, naturalization, or citizenship status

Impact on Professional Licenses

If you have a Commercial Driver’s License or another professional license, and the police arrest you for a DUI, call Fienman Defense immediately. Philadelphia DUI attorney Fienman knows the risks to your career. He’ll fight the DUI charges and take steps to protect your license and job.

Influencing Factors on DUI Penalties

Certain factors influence your sentence for a DUI, including:

Call Fienman Defense for Help with DUI Charges

A Philadelphia DUI lawyer is an advantage for you in fighting drunk driving charges. A DUI conviction follows you throughout your life, making it difficult to go to college, get a good-paying job, or find a place to live.

Contact Fienman Defense today to learn how experienced DUI attorney Michael Fienman helps you fight drunk driving charges. Call (215) 839-9529 today for your free case evaluation.