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Joshua P. Ward Pittsburgh Debt Defense Attorneys

PRACTICE AREA

Pittsburgh DUI Attorney – Aggressive, Professional, Effective

Joshua P. Ward, Esq. is a highly reputable and experienced Pittsburgh DUI Defense Attorney. He is a native of Pittsburgh and attended The University of Pittsburgh, where he graduated magna cum laude. Joshua received his juris doctorate from Duquesne University School of Law, and was nationally recognized for excellence in trial advocacy.  Joshua handles hundreds of DUI cases each year and has amassed an impressive string of victories for his clients.

 

Free Legal Consultation

 

Call  4412-545-3015 right now, we are available 24/7 for a free initial consultation. Speak directly with Attorney Joshua P. Ward

Email: jward@fentersnew.acumenwebsites.com

 
 

See drop-down menus for a visual matrix of PA DUI law

Tier One

General Impairment:

3802(1) with the following:

  • No Blood alcohol content (BAC) available
  • No refusal to undergo chemical testing
  • No injury or damage (accident)

OR

3802(a)(2) BAC 0.08% to less than 0.10%

Penalties:

Ungraded Misdemeanor

Mandatory 6 months probation

Fine – $300.00

Alcohol Highway Safety School (12.5 hrs min)

No License suspension

Full Drug and Alcohol Assessment if indicated by CRN Evaluation

Tier Two:

3802(b) BAC 0.10% to less than 0.16%

3802(a)(1) with damage or injury

3802(e) Minor with BAC 0.02 or greater

3802(f) Commercial vehicle 0.04% or greater

3802(f) School vehicles 0.02% or greater

3802(f) School/Commercial general impairment (no BAC available) (based on observations / admission)

Ungraded Misdemeanor

Jail – 48 hours to 6 months

Fine – $500 to $5,000

Alcohol Highway Safety School

License Suspension 12 months

Full Drug and Alcohol Assessment and recommended treatment

Tier 3:

3802(c) BAC 0.16 or higher

3802(a)(1) with a refusal of chemical testing

3802(d) Controlled Substances (Marijuana, Opiates, Stimulants, Inhalants, etc.)

Penalties:

Ungraded Misdemeanor

Jail – 72 hours to 6 months

Fine – $1,000 to $5,000

Alcohol Highway SAfety School

License Suspension 12 months

Full Drug and Alcohol Assessment and recommended treatment

Tier One:

General Impairment:

3802(1) with the following:

No Blood alcohol content (BAC) available
No refusal to undergo chemical testing
No injury or damage (accident)
OR

3802(a)(2) BAC 0.08% to less than 0.10%

 Penalties:

Ungraded Misdemeanor

Jail – 5 days to 6 months

Fine – $300 to $2,500

Alcohol Highway Safety School

License Suspension 12 months

Ignition Interlock System in Car 12 months

Full Drug and Alcohol Assessment with treatment recommendations

Tier Two:

3802(b) BAC 0.10% to less than 0.16%

3802(a)(1) with damage or injury

3802(e) Minor with BAC 0.02 or greater

3802(f) Commercial vehicle 0.04% or greater

3802(f) School vehicles 0.02% or greater

3802(f) School/Commercial general impairment (no BAC available) (based on observations / admission)

Penalties:

Ungraded Misdemeanor

Jail – 30 days to 6 months

Fine – $750 to $5,000

Alcohol Highway Safety School

License Suspension 12 months

Ignition Interlock System in Car 12 months

Full Drug and Alcohol Assessment with treatment recommendations

Tier 3:

3802(c) BAC 0.16 or higher

3802(a)(1) with a refusal of chemical testing

3802(d) Controlled Substances (Marijuana, Opiates, Stimulants, Inhalants, etc.)

 Penalties:

Misdemeanor 1

Jail – 90 days to 5 months

Fine – $1,500 to $10,000

Alcohol Highway Safety School

License Suspension 18 months

Ignition Interlock System in Car 12 months

Full Drug and Alcohol Assessment with treatment recommendations

Tier One

General Impairment:

3802(1) with the following:

  • No Blood alcohol content (BAC) available
  • No refusal to undergo chemical testing
  • No injury or damage (accident)
    OR

3802(a)(2) BAC 0.08% to less than 0.10%

 Penalties:

Misdemeanor 2

Jail – 10 to 2 years

Fine – $500 to $5,000

License suspension 12 months

Ignition interlock 12 months

Full Drug and Alcohol Assessment and treatment recommendations

Tier Two:

3802(b) BAC 0.10% to less than 0.16%

3802(a)(1) with damage or injury

3802(e) Minor with BAC 0.02 or greater

3802(f) Commercial vehicle 0.04% or greater

3802(f) School vehicles 0.02% or greater

3802(f) School/Commercial general impairment (no BAC available) (based on observations / admission)

 

Penalties:

Misdemeanor 1

Jail – 10 to 2 years

Fine – $500 to $5,000

License suspension 12 months

Ignition interlock 12 months

Full Drug and Alcohol Assessment and treatment recommendations

Tier 3:

3802(c) BAC 0.16 or higher

3802(a)(1) with a refusal of chemical testing

3802(d) Controlled Substances (Marijuana, Opiates, Stimulants, Inhalants, etc.)

Penalties:

Misdemeanor 1

Jail – 1 to 5 years

Fine – $2,500 to $10,000

License suspension 18 months

Ignition interlock 12 months

Full Drug and Alcohol Assessment and treatment recommendations

ARD (Accelerated Rehabilitative Disposition)

A DUI offense may eligible for ARD under the following circumstances:
  • It is a first offense.
  • It is a Second offense within 10 years of the last offense.
  • No person, other than the offender, was killed or seriously injured.
  • There was no passenger in the offender’s vehicle under the age of 14 at the time of the offense.

Mandatory license suspension guidelines are as follows:

  • No suspension if BAC isunder 0.10% and offender is not a minor.
  • A suspension of 30 days if BAC 0.10% to 0.15999%.
  • A suspension of 60 days if BAC 0.16% or greater, BAC unknown because refusal of testing, DUI involving Drugs, or DUI resulting in an accident with bodily injury or injury or damage to a vehicle or property.
  • A suspension of 90 days if the offender is a minor.

Mandatory Conditions of ARD for a DUI offense:

  • Alcohol Highway Safety School (12.5 hours min).
  • Probation supervision for a minimum of 6 months up to a maximum of 12 months.
  • Full Drug and Alcohol Assessment, if BAC  0.16% or greater or if the CRN profile report indicates a need for further evaluation for D&A counseling or treatment.
  • Mandatory license suspension as indicated above.
  • Restitution to any person who suffered a financial loss.
  • Payment of any other fee, surcharge or cost required by law including fees for Alcohol Highway Safety School, evaluation and treatment.
  • Any other condition established by the court.

Why Choose a Fenters Ward DUI Attorney?

With Fenters Ward you get a professional legal team focused on a total defense to the DUI crimes facing you.  When choosing a DUI attorney, you want to guarantee yourself the best possible outcome.  While no attorney should guarantee you a total defense before becoming deeply involved in the case, hiring a good DUI attorney is absolutely necessary to make sure you take advantage of every defense the law allows.

Beware of DUI Attorneys Too Timid To Take Cases to Trial ​

There are thousands of lawyers in Western-Pennsylvania who claim to practice in DUI defense.  But, there are very few that have taken a case to trial and won a total victory for their client.  Not every criminal defense attorney has an intimate knowledge of PA DUI law.  Most people find a DUI attorney by typing “DUI lawyer Pittsburgh” or “DUI lawyer Butler” or “DUI lawyer Westmoreland” into a search engine.  There are hundreds of DUI attorney advertisements–be sure to choose a lawyer with a proven track record in Pittsburgh, Allegheny County, Westmoreland County, Butler County, and Beavery County.

When choosing a DUI attorney, do not be afraid to ask if they have ever won a case for a client.  Attorney Joshua P. Ward and Attorney Brian Fenters have successfully defended DUI charges, and even multiple felony cases at the trial level.  See our web page for A Real Example of DUI Charges Dismissed — you can view the actual trial records which have been redacted to protect privacy.

No DUI attorney can rightly promise you that the charges can be dismissed or the case won before they have seen all of the Commonwealth’s evidence against you.  Unfortunately, the criminal justice system does not allow the discovery of the complete evidence until after the preliminary hearing.  Only at that point can your DUI attorney advise you of the likelihood of a dismissal or acquittal.

What Type of Cases Do Our Pittsburgh DUI Attorneys Handle?

Our attorneys are based out of Pittsburgh, but we service Allegheny, Westmoreland, Butler, Beaver and Greene County.  We have extensive experience in all types of DUI cases including:

  • First Time DUI;
  • Second Time DUI;
  • Third Time DUI;
  • DUI Controlled Substance;
  • DUI Marijuana;
  • DUI Inahlant or Noxious Substance;
  • DUI General Impairment (BAC 0.08 to 0.999);
  • DUI High Rate of Alcohol (BAC 0.10 to 0.15);
  • DUI Highest Rate of Alcohol (BAC 0.16 +);
  • Reckless Driving and more.

No matter what type of DUI you charged with, that does not mean you are guilty.  Our DUI lawyers have had great success in having charges dismissed, reduced or amended, and having sentences reduced.

How Can A DUI Attorney Help Me?

It is crucial to have an experienced DUI attorney monitoring your case at every level.  Our attorneys skillfully comb through the Criminal Complaint, Affidavit of Probable Cause, Lab Results, Video Footage, and cross examine the State’s witnesses.  We look for every weakness, every protection that  the PA DUI laws allow.  Common defenses are:

  • Lack of probable cause to initiate traffic stop;
  • Violation of 4th Amendment through improper search and seizure;
  • Improper warnings under PA Implied Consent Law;
  • Lack of sufficient proof of actual physical operation;
  • Improper handling of physical evidence of chemical testing;
  • Improper calibration of chemical testing device;
  • Insufficient proof of intoxication to render defendant “unfit” to drive;

Charges Reduced or Dismissed

In the criminal justice system you cannot get what you don’t rightly ask for.  Depending on what defenses are available, or risks to the prosecution’s case, an experienced DUI attorney can achieve some or all of the following:

  • Dismissal of charges;
  • Acquittal upon jury trial;
  • Reductions during plea negotiations with the District Attorney’s Office;
  • Suspended sentences;
  • Admission into Alternative Housing Program rather than Jail;
  • House Arrest as opposed to Jail;
  • Alternative Housing, House Arrest with Work Release;
  • Probation as opposed to Jail;
  • Parole;
  • Expungement or destruction of criminal records;
  • Petition for ARD Program for DUI;

An experienced DUI attorney can tell you when it is wise to fight the case, file a Motion to Dismiss, Motion for Habeas Corpus, Omnibus Pre-Trial Motion.  Your DUI attorney should also tell you when it is wise to pursue plea negotiations with the District Attorney’s Office, or, when to turn down a plea bargain and take the case before the sentencing judge.

Visit our web page to begin Understanding PA DUI Laws and the mandatory minimum sentences.

We are also here to answer any and all questions that you have throughout the case and sentence (if applicable), which is typically about one year. Topics like: scheduling, probation questions, travel, license suspensions, payment plans for fines, expungement, insurance consequences, duty to disclose to employers and more. 

Don’t Go It Alone – Don’t Leave Your Future to Chance – Our Attorneys Are Here to Help You

Attorney Joshua P. Ward answers his direct line at any time, day or night. 412-545-3015.   Call now for a free consultation and get back on the road to normalcy.  The first step is understanding the process that is ahead of you, and the potential outcomes.  Attorney Ward will discuss the case with you confidentially.  For first time DUI’s we always charge a low, competitively priced flat fee.  Compare us with our competition — our goal is to be the most professional, effective, and best-value Pittsburgh DUI Attorney.  That’s our promise to our clients. Feel free to contact us below.

412-545-3015

CONTACT FENTERS WARD DUI LAWYER PITTSBURGH BELOW

Our Location

Our Address

The Law Firm of Fenters Ward 201
South Highland Ave. Suite 201
Pittsburgh, PA 15206

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