A first DUI conviction can bring probation, fines, and treatment requirements, while a second or third offense can mean multi-year license loss, ignition interlock, and time behind bars. Don’t let the consequences of a single night derail your life.
If you’re facing a DUI in Butler County, call our Butler criminal defense attorneys at Worgul, Sarna & Ness, Criminal Defense Attorneys at 878-888-0311 for a free and confidential consultation.
DUI Charges in Butler County, PA
Under 75 Pa. C.S. §3802, it’s illegal to drive, operate, or be in actual physical control of a vehicle if alcohol or drugs impair your ability to drive safely, your BAC is 0.08%+, or if certain drug metabolites are in your blood. DUI can also be charged where officers allege impairment from prescription meds, marijuana, or other controlled substances.
Traffic stops and DUI checkpoints are common near I‑79, Route 19, and Route 8 around Butler and Cranberry Township. It’s not uncommon for officers to conduct field sobriety testing, breath tests, and blood draws in these locations, but every step of their process can be challenged by an experienced attorney.
DUI Penalties & Consequences in Butler County
Pennsylvania’s tiered system bases penalties on your BAC, prior DUIs, and aggravating factors:
First Offense
- BAC .08–.099: Ungraded Misdemeanor – Up to 6 months probation, approximately $300 fine, and Alcohol Highway Safety School.
- BAC .10–.159: Ungraded Misdemeanor – 2 days to 6 months in jail, up to $5,000 fine, and a 1-year license suspension.
- BAC .16+ or Drugs: Ungraded Misdemeanor – 3 days to 6 months in jail, up to $5,000 fine, and a 1-year suspension.
Second Offense
- BAC .08–.099: Ungraded Misdemeanor – 5 days to 6 months in jail, up to $2,500 fine, 1-year suspension, and Ignition Interlock for 1 year.
- BAC .10–.159: Misdemeanor of the 1st Degree – 30 days to 6 months in jail, up to $5,000 fine, 1-year suspension, and Ignition Interlock.
- BAC .16+ or Drugs: Misdemeanor of the 1st Degree – 90 days to 5 years in jail, up to $10,000 fine, 18-month suspension, and Ignition Interlock.
Third Offense
- BAC .08–.099: Misdemeanor of the 2nd Degree – 10 days to 2 years in jail, up to $5,000 fine, and 1-year suspension.
- BAC .10–.159: Misdemeanor of the 1st Degree – 90 days to 5 years in jail, up to $10,000 fine, and an 18-month suspension.
- BAC .16+ or Drugs: Felony of the 3rd Degree (per Deana’s Law) – Up to 7 years in prison, $15,000 fine, and an 18-month suspension.
Other Factors to Consider
- Deana’s Law (Act 59 of 2022): Repeat offenders face enhanced grading and consecutive sentencing. Certain third or subsequent DUIs can be charged as felonies, with higher maximums.
- ARD for first offenders: Butler County participates in Accelerated Rehabilitative Disposition (ARD) for eligible first DUIs. Successful completion can mean no jail, reduced license consequences, and a path to expungement.
License, Insurance & Life Consequences After a DUI
License suspensions: Depends on Blood Alcohol Concentration (BAC) and priors. Some first ARD resolutions minimize or avoid suspension; higher tiers or refusals bring longer suspensions.
Ignition Interlock: Many second and subsequent DUIs require interlock. Some drivers can obtain an Ignition Interlock Limited License (IILL) to drive lawfully during a suspension.
Insurance: Expect premium increases, possible SR‑22‑type requirements, and policy changes. We counsel clients on timing and documentation to mitigate harm.
Employment & Professional Licenses: A DUI can impact clearances, licensure (medical, legal, financial), and employment screening. We prepare character evidence, treatment records, and letters to aid in mitigation when appropriate.
Immigration & Travel: Non‑citizens should get immigration‑savvy defense; certain outcomes can be tailored to reduce collateral risks.
The Butler County Legal Process for DUI Cases
1) Stop, Investigation, and Arrest
A stop may be based on observed driving, a collision, or a checkpoint. Officers look for signs like odor, speech, eyes, and coordination, then may request field tests and a breath or blood test.
Failing one of these tests doesn’t mean your case is closed. We analyze probable cause, instructions given, dashcam & bodycam video, and device calibration.
2) Preliminary Arraignment & Hearing (Magisterial District Court)
Early hearings in DUI cases take place before local Magisterial District Judges in Butler County, such as those in Cranberry Township, Butler Township, and Adams Township. At this stage, the judge decides issues like bail and whether the case should move forward. The prosecution must present what is called “prima facie evidence” — in other words, enough proof to show it is reasonable to believe a crime was committed and that you were the person involved.
For the defense, this hearing is often the first opportunity to look closely at the evidence and point out weaknesses that can be used later in your case.
3) Discovery & Pre‑Trial Motions
We demand access to all the evidence — police reports, bodycam or dashcam videos, calibration logs for breath devices, lab results, and even the written plans for checkpoints. With this information, we can file legal motions asking the court to throw out evidence if it was gathered improperly.
That might mean challenging whether the stop itself was legal, whether a search violated your rights, whether the testing equipment was accurate, whether the blood sample was handled correctly, or whether a DUI checkpoint followed the strict rules Pennsylvania requires.
4) Negotiation, Diversion & ARD
When appropriate, we also pursue alternatives to conviction, such as the Accelerated Rehabilitative Disposition (ARD) program. This is a diversion program available to some first-time offenders that can eventually lead to dismissal and expungement of the DUI charge. Other times, we negotiate to have charges reduced or penalties lessened.
Whether these options are available depends on factors like your prior record, your blood alcohol concentration (BAC) level, and whether an accident or injuries were involved.
5) Trial at the Butler County Court of Common Pleas
If your case is not resolved at the preliminary hearing stage, it will move forward to the Butler County Court of Common Pleas in downtown Butler. This is where DUI cases become more formal, with motions, pre-trial conferences, and potential jury trials.
Our defense team approaches every DUI as if it will ultimately go before a judge or jury. That level of preparation often strengthens our position during negotiations, because prosecutors know we are ready to challenge the evidence at trial if necessary. In many cases, this trial-ready strategy allows us to secure better outcomes without ever stepping into the courtroom.
6) Sentencing & Post‑Sentencing
If a person is convicted of DUI in Pennsylvania, the sentence they receive depends on two main factors: the tier of the offense (which is based on blood alcohol concentration or drug involvement) and their prior DUI history. Higher tiers and repeat offenses carry harsher penalties, including longer license suspensions, bigger fines, and mandatory jail time.
After sentencing, our work doesn’t stop. We advise clients on their options for appeals if errors were made at trial, compliance with ignition interlock devices (breath-testing units required in your car after certain DUIs), and enrollment in court-ordered treatment programs when necessary. We also help eligible clients pursue limited-access expungement in the future — a process that, under Pennsylvania law, can seal a first DUI conviction from most public background checks after ten years without another offense.
How We Defend DUI Charges in Butler
Every case hinges on evidence. Our DUI attorneys focus on what can be suppressed, excluded, or reframed:
- Illegal Stop or Detention: If officers lacked reasonable suspicion or probable cause, everything that followed may be suppressed.
- Checkpoint Compliance: DUI checkpoints must follow strict, neutral guidelines. Deviations create suppression opportunities.
- Field Sobriety Testing (FST) Issues: Unreliable administration, environmental factors, medical conditions, or footwear can skew results.
- Breath Testing: Calibration gaps, mouth‑alcohol contamination, device error, GERD/acid reflux, or operator certification problems can undermine readings.
- Blood Testing: Chain‑of‑custody errors, vial/preservative issues, lab methodology, and retrograde extrapolation assumptions can be challenged.
- Drug DUIs: Without a strong nexus between substance levels and actual impairment, the Commonwealth’s case may be weak.
- Accident DUIs: We scrutinize causation—alcohol may not explain the crash, especially with third‑party or mechanical factors.
Contact Worgul, Sarna, & Ness for Help with Any of These DUI Issues
- First DUI & ARD Eligibility: A clean record may open the door to diversion and expungement. See our First DUI guide.
- Repeat DUIs / Deana’s Law: Prior DUIs raise penalties and may trigger felony grading.
- Underage DUI (0.02% BAC): Zero‑tolerance rules for minors; learn more about underage DUI.
- High Blood Alcohol Concentration (0.10–0.159%) & Extreme (.16%+): Tighter mandatory minimums and interlock requirements.
- Drug DUI: Marijuana and prescription cases often turn on impairment proof, not mere presence.
- DUI with Accident or Injury: Exposure can increase; we analyze fault and injury causation.
- Commercial Driver (CDL) DUI: Lower BAC threshold; career‑impact is significant—see CDL DUI consequences.
- Boating DUI (BUI): Similar standards on waterways; refusals can cost boating privileges.
- Expungement / Limited Access: Many first‑offense ARD cases become eligible for expungement; limited access may exist after 10 years without new offenses.
Why Choose Worgul, Sarna & Ness for Your Butler DUI
We’re built for DUI defense. Our attorneys have deep knowledge of Pennsylvania DUI law and a day‑to‑day familiarity with Butler‑area courts and prosecutors. We don’t push “one‑size‑fits‑all” pleas. We prepare for trial, negotiate strategically, and pursue alternatives when they make sense.
- Trial‑ready DUI defense from day one
- Aggressive challenges to stops, checkpoints, breath/blood tests
- Guidance on ARD, interlock, and expungement
- Clear communication about options, timelines, and costs
- Flexible fee options (flat fees, payment plans where appropriate)
- 24/7 availability for urgent calls
Worgul Sarna & Ness offers aggressive defense aimed at reducing penalties, protecting your license, and keeping your future intact.
Areas We Serve in Butler County
- Butler
- Cranberry Township
- Butler Township
- Adams Township
- Buffalo Township
- Slippery Rock
- Valencia
- Seven Fields
- Evans City
- Harmony
- Saxonburg
- Connoquenessing
- Mars
and surrounding communities.
Butler County Courts, Resources & Contacts
Court of Common Pleas
- Address: 124 W Diamond St, Butler, PA 16001
- Phone: 724-285-4731
District Attorney’s Office
- Address: 3rd Floor, County Government Center, 124 W Diamond St, Butler, PA 16001
- Phone: 724-284-5222
Sheriff’s Office
- Address: 1st Floor, County Courthouse, 300 S Main St, Butler, PA 16001
- Phone: 724-284-5245
Magisterial District Courts
District 50-1-01 – Butler
- Address: 530 Fairground Hill Rd, Butler
- Phone: 724-284-5370
- Fax: 724-284-1306
District 50-3-01 – Slippery Rock
- Address: 520 Kelly Blvd, Slippery Rock
- Phone: 724-794-6221
- Fax: 724-794-1807
District 50-3-02 – Chicora
- Address: 112 N. Main St, Chicora
- Phone: 724-445-3366
District 50-3-03 – Saxonburg
- Address: 333 Main St, Suite 103, Saxonburg
- Phone: 724-352-9465
- Fax: 724-352-4399
District 50-3-04 – Cranberry Township
- Address: 9028 Marshall Rd, Cranberry Twp
- Phone: 724-772-1717
- Fax: 724-772-3217
District 50-3-05 – Butler
- Address: 107 Woody Dr, Butler
- Phone: 724-431-4854
- Fax: 724-431-4882
District 50-3-06 – Evans City
- Address: 202 E. Main St, Evans City
- Phone: 724-538-3960
- Fax: 724-538-4238
Tip: Always speak with your defense attorney before contacting law enforcement or the DA’s office.
Frequently Asked Questions About DUIs in Butler County
Will I lose my license after a DUI in Butler?
It depends on your BAC, prior DUIs, and whether you qualify for ARD. Some first‑time outcomes reduce or avoid suspension; higher tiers or refusals carry longer suspensions. We’ll map your PennDOT options, including interlock.
Can I get into ARD for a first DUI?
Often, yes—if you meet eligibility criteria (no serious injuries, limited priors, other factors). Completion can lead to dismissal and expungement. We handle the process and timing.
What if I refused the breath/blood test?
A refusal can trigger a civil suspension (commonly 12–18 months depending on history) separate from the criminal case. You still have defenses; the arrest’s legality and test request procedure matter.
Do Butler DUI cases go to trial?
Many resolve through ARD or negotiation, but when facts are contested—or you want your day in court—your case proceeds to the Court of Common Pleas. We’ll be ready.
Can a DUI be expunged in Pennsylvania?
Most often via ARD. Otherwise, limited‑access relief may be possible 10 years after you complete your sentence if criteria are met. Ask us what your path could look like.
How much will this cost?
We offer flat‑fee structures and payment plans in appropriate cases. During your consult, we’ll outline scope, stages, and deliverables so you know exactly what to expect.
Butler County DUI Lawyer
Don’t face a DUI in Butler County on your own. You have the right to legal representation and a strong defense. Whether it’s a first-offense ARD or a complex repeat charge, Worgul, Sarna & Ness is prepared to protect your license, record, and future.
Call 878-888-0311 or contact us for a free, confidential consultation.
