Were you arrested for Driving Under the Influence (DUI) in Washington County? If so, you may be worried about your license, your job, and what happens next. Our Washington County DUI lawyers defend DUI cases across Western Pennsylvania. We challenge traffic stops, testing, and procedures while pursuing options like Accelerated Rehabilitative Disposition (ARD).
Call 724-399-3491 or contact us for a free consultation.
Understanding DUI Charges in Pennsylvania
Pennsylvania law prohibits driving, operating, or being in actual physical control of a vehicle while impaired by alcohol or drugs. DUI is charged in tiers based on Blood Alcohol Concentration (BAC), with additional rules for drugs, under-21 drivers, and commercial drivers.
Common DUI tiers in plain English:
- General Impairment: Any impairment or BAC of 0.08%–0.099%.
- High BAC:10%–0.159%.
- Highest BAC:16% or higher, or certain drug-related DUIs.
- Drug DUI: Any amount of specified controlled substances or impairment by drugs, including prescription medications when they cause impairment.
- Under-21 DUI: A BAC of 0.02% or higher can result in charges.
- Commercial Driver’s License (CDL) DUI: Stricter standards and serious collateral consequences for your livelihood.
Most cases begin with a traffic stop by a municipal department or the Pennsylvania State Police. After arrest and processing, you’ll typically receive a notice for a preliminary hearing before a Magisterial District Judge (MDJ) in the district where the stop occurred. If the case is “held for court,” it moves to the Washington County Court of Common Pleas in downtown Washington for formal arraignment and pre-trial proceedings.
DUI Penalties by Offense Level
Pennsylvania uses a tiered penalty scheme that considers your Blood Alcohol Concentration, prior DUI history (within ten years), and aggravating factors like accidents, minors in the vehicle, or test refusals.
At-a-Glance Penalties (specifics vary by case)
First Offense – General (0.08–0.099%)
- Grading: Ungraded Misdemeanor
- Incarceration/Probation: Up to 6 months probation
- Fines: Around $300
- License Consequences: No suspension in many cases
- Other Requirements: Alcohol Highway Safety School (AHSS), treatment as ordered
First Offense – High (0.10–0.159%)
- Grading: Ungraded Misdemeanor
- Incarceration/Probation: 2 days–6 months
- Fines: Up to $5,000
- License Consequences: Possible 1-year suspension
- Other Requirements: AHSS, treatment
First Offense – Highest (≥0.16% or drugs)
- Grading: Ungraded Misdemeanor
- Incarceration/Probation: 3 days–6 months
- Fines: Up to $5,000
- License Consequences: 1-year suspension
- Other Requirements: AHSS, treatment
Second Offense – General
- Grading: Ungraded Misdemeanor
- Incarceration/Probation: 5 days–6 months
- Fines: Up to $2,500
- License Consequences: 1-year suspension + Ignition Interlock Device (IID)
- Other Requirements: AHSS, treatment
Second Offense – High (0.10–0.159%)
- Grading: Ungraded Misdemeanor
- Incarceration/Probation: 30 days–6 months
- Fines: Up to $5,000
- License Consequences: 1-year suspension + IID
- Other Requirements: AHSS, treatment
Second Offense – Highest (≥0.16% or drugs)
- Grading: Misdemeanor/Felony Exposure
- Incarceration/Probation: 90 days–5 years
- Fines: Up to $10,000
- License Consequences: 18-month suspension + IID
- Other Requirements: AHSS, treatment
Third and Subsequent Offenses (varies by BAC)
- Grading: M1–F3 possible
- Incarceration/Probation: 10 days–7+ years
- Fines: Up to $15,000+
- License Consequences: 18-month suspension + IID
- Other Requirements: Enhanced sentencing exposure
Insurance spikes, employment issues (especially for CDL holders), professional licensing concerns, and immigration consequences can follow a conviction. A negotiated result, ARD (Accelerated Rehabilitative Disposition), or a defense win can limit or avoid these impacts. Every case is different, and early action helps.
What to Expect After a Washington County DUI
Stop & Arrest
An officer observes driving behavior, conducts roadside tests, and may request a breath or blood test. We examine whether the stop, detention, and testing complied with constitutional and statutory rules.
Preliminary Arraignment & Preliminary Hearing
You’ll receive a hearing date before a Magisterial District Judge. This is a key opportunity to evaluate the evidence, cross-examine witnesses, and challenge probable cause. In some cases, a negotiated resolution or reduction can begin here.
Formal Arraignment – Court of Common Pleas
Once your case is held for court, you’ll be scheduled for formal arraignment. Deadlines for discovery requests, pre-trial motions, and certain diversion program applications (including ARD) begin to run.
Pre-Trial/Motions & Negotiation
We litigate suppression motions (stop, arrest, test reliability), negotiate with the District Attorney’s Office, and advocate for ARD when appropriate. Your goals—license protection, minimizing criminal record, immigration concerns—drive our strategy.
Trial or Sentencing
If your case proceeds to trial, we prepare you for testimony and present the defense narrative with expert support as needed. If sentencing occurs, we argue for treatment-focused outcomes, limited incarceration alternatives, and conditions that protect your ability to work and care for your family.
PennDOT & License Issues
Separate from the criminal case, the Pennsylvania Department of Transportation can impose suspensions or ignition interlock requirements. Deadlines for appeals or limited license requests are time-sensitive. We map your exposure and help you act fast.
We Can Build a Defense for Common DUI Scenarios
First-Time DUI
We prioritize options that protect your record—like ARD—while challenging the basis for the stop, the testing method, and any alleged refusal. A strong record of mitigation (treatment, evaluations) can help.
Repeat DUI
Prior offenses create enhanced penalties and possible felony exposure in some scenarios. We scrutinize the prior record, the “ten-year look-back,” and every technical element that could reduce grading or limit jail.
High/Highest BAC Cases
High BAC numbers don’t mean your case is closed. We analyze instrument maintenance, operator certifications, medical conditions, rising BAC, and timing between driving and testing.
Drug-Related DUI
Prescription or controlled substances require careful review of toxicology, reported impairment, and whether the levels correlate with functional impairment.
CDL & Under-21
CDL holders face job-ending consequences even for lower BACs, and under-21 drivers face a 0.02% threshold. We build strategies that prioritize your livelihood and future opportunities.
Alleged Refusals
In Pennsylvania, when you drive, you give “implied consent” to submit to chemical testing (usually a breath or blood test) if you are arrested for DUI. If you refuse the test—or if the police report says you refused—you can face serious additional penalties, including a separate license suspension from PennDOT and mandatory ignition interlock once you are eligible to drive again.
Sometimes, however, what officers call a “refusal” isn’t really one. Medical issues, unclear instructions, equipment problems, or an officer’s failure to properly explain your rights can all lead to a mistaken refusal report. Our attorneys carefully review the circumstances to challenge whether the refusal was valid and whether the penalties should apply.
DUI Evidence Can Be Challenged
Traffic Stop & Contact
We review the dashcam/body-cam video for the initial reason for the stop, lane-position evidence, and the officer’s observations. If the stop lacked reasonable suspicion, key evidence can be suppressed.
Field Sobriety Tests (FSTs)
Standardized tests must be administered and interpreted correctly. Weather, footwear, medical conditions, and uneven surfaces can invalidate results. We use cross-examination and, when helpful, expert testimony to reveal problems.
Breath Testing
We request maintenance and calibration logs, operator certifications, and instrument accuracy checks. Temperature, mouth alcohol, GERD, or residual mouth contamination can skew results. We examine whether the observation period was followed.
Blood Testing & Toxicology
Chain of custody, preservatives, lab protocols, instrument reliability, and conversion formulas matter. We analyze whether the reported levels match actual impairment at the time of driving.
Timing & “Rising BAC”
If there’s a delay between driving and testing, BAC could be rising, not falling. We use timelines and expert analysis to create reasonable doubt.
Statements & Video
We identify custodial interrogation issues and Miranda warnings. Inconsistencies between reports and video can be powerful for the defense.
Mitigation & Treatment
Even when the facts are tough, proactive treatment, AHSS completion, and community support can improve outcomes. We help you gather documentation to present the best version of you.
ARD, Diversion & Alternative Outcomes in Washington County
In many first-time Driving Under the Influence (DUI) cases, the court may allow entry into the Accelerated Rehabilitative Disposition (ARD) program. Successfully completing ARD can lead to dismissal of the DUI charge and eventual expungement from your record.
Accelerated Rehabilitative Disposition (ARD)
ARD typically requires participation in the Alcohol Highway Safety School (AHSS), completion of a Court Reporting Network (CRN) evaluation to assess treatment needs, possible recommended treatment, and a set period of court supervision.
While ARD does not automatically prevent all license suspensions, it often reduces the long-term impact compared to a conviction.
Negotiated Reductions
Depending on the facts, weaknesses in proof may support reductions (for example, to a non-DUI charge) or tier reductions that significantly change penalties and license impact.
Treatment-Focused Sentences
In appropriate cases, judges consider treatment recommendations, community-based programs, and schedules that allow you to maintain employment.
Expungement After ARD
Completing ARD may allow you to expunge the DUI charge from public view. We guide you through the steps and timing.
Your Driver’s License & PennDOT After a DUI
Criminal court outcomes and Pennsylvania Department of Transportation actions sometimes move on different tracks. You might face a suspension based on Blood Alcohol Concentration tier, a reported refusal, or prior offenses—even if your criminal case is pending.
- Ignition Interlock (IID): After certain suspensions, IID can allow you to drive legally. We help you understand eligibility, timing, and installation requirements.
- Limited Licenses & Appeals: In some situations, an Occupational Limited License or other relief may be available. Deadlines are strict, and paperwork must be precise.
- Out-of-State Drivers: If you live or are licensed outside Pennsylvania, your home state may take action based on the Pennsylvania disposition. We coordinate to help avoid surprises.
Washington County Courts, Resources & Contacts
- Court of Common Pleas – Washington County
Address: Washington County Courthouse, 1 S. Main St., Washington, PA 15301
Phone: Court Information Desk (724) 228-6999
Website: https://www.washingtoncourts.us/ - Magisterial District Judge (MDJ) Courts – Find your MDJ
Website: https://pasdc.maps.arcgis.com/apps/webappviewer/index.html?id=70c54a213ef94b659b6b77da88ed43b0
- District Attorney – Washington County
Address: 26 South Main St., Washington, PA 15301
Phone: (724) 228-6790
Website: https://www.washingtoncopa.gov/district-attorney - Public Defender – Washington County
Address: 95 West Beau St., Suite 500, Washington, PA 15301
Phone: (724) 228-6818
Website: https://www.washingtoncopa.gov/public-defender - Alcohol Highway Safety School (AHSS) – Local Provider
Address: SPHS/CARE Center, 75 E. Maiden St., Suite 103, Washington, PA 15301
Phone: (724) 229-5782
Website: https://www.washingtoncourts.us/BusinessDirectoryII.aspx?BID=10 - PennDOT Driver License Center – Washington
Address: 250 Oak Spring Rd., Washington, PA 15301
Phone: PennDOT Driver & Vehicle Services Customer Call Center (717) 412-5300
URL: https://www.pa.gov/agencies/dmv/find-a-location.html
Addresses, phone numbers, and URLs may change over time. We’ll confirm the exact location and contact details for you.
What To Do in the First 48 Hours After a DUI
- Write down what happened. Small details fade fast—where you were, what you ate, what you told the officer, and the exact timeline can all matter.
- Check your paperwork. Your citation or complaint lists the MDJ court and deadlines. Missing a hearing can trigger a warrant and license problems.
- Do not contact witnesses yourself about their testimony. We’ll handle interviews to avoid misunderstandings or accusations of interference.
- Consider an alcohol/drug evaluation early. Voluntary steps can help in negotiation and show responsibility without admitting guilt.
- Call a defense lawyer quickly. Early counsel protects your rights, preserves video evidence, and opens doors to ARD or other outcomes.
Why Choose Worgul, Sarna & Ness for Your DUI Case
Local Knowledge & Courtroom Experience
We appear before Washington County MDJs and the Court of Common Pleas regularly. We understand local scheduling, expectations, and how to position your case for the best outcome available.
Trial-Ready Strategy
We prepare every case as if it could go to trial. That pressure often creates better negotiation leverage and gives you options if trial is necessary.
License Protection Focus
We track PennDOT deadlines, ignition interlock eligibility, and limited license options so you can get to work and meet family obligations.
Responsive Communication
You’ll get direct access to your attorney and regular updates—no guesswork about your next date or document.
Proven Systems
From discovery requests to test-record audits and motion practice, we use a disciplined approach that uncovers defenses and creates options.
Frequently Asked Questions About DUI in Washington County
Will I lose my license after a first DUI?
Maybe. Lower-tier first DUIs can avoid suspension in certain scenarios, but higher tiers, drug DUIs, or alleged refusals often trigger 12–18 months. Ignition interlock can help you keep driving legally. We’ll map your exposure based on the exact charge and facts.
Can I get ARD for a DUI in Washington County?
Many first-offense DUI cases may be eligible, but it’s not automatic. The District Attorney reviews eligibility, your record, and the facts. ARD usually requires AHSS, an evaluation, and a supervision period. Completion can lead to dismissal and expungement of the charge.
What happens at the MDJ preliminary hearing?
The judge decides if there’s enough evidence to send the case to the Court of Common Pleas. We can cross-examine officers, test probable cause, and sometimes negotiate reductions. Strong advocacy here can shift the outcome.
Do I need a lawyer if I plan to plead guilty?
Even if you’re leaning toward a plea, a lawyer can often reduce charges, limit license consequences, or secure ARD. We also make sure you understand collateral impacts—insurance, employment, immigration—before any decision.
How long does a Washington County DUI case take?
Timelines vary, but you’ll typically see a preliminary hearing within weeks, then formal arraignment and pre-trial dates over several months. We’ll keep you updated and push for a resolution that protects your interests.
Areas We Serve in Washington County
We defend DUI cases across the county, including:
- Peters Township (McMurray)
- North Strabane Township
- Cecil Township
- Canonsburg
- City of Washington
- South Strabane
- Chartiers Township
- Monongahela
- Charleroi
- Donora
- California
- Bentleyville
- Burgettstown
and surrounding communities. If your stop happened anywhere in Washington County, we can help.
Contact a Washington County DUI Lawyer at Worgul, Sarna & Ness
A DUI arrest can put your license, freedom, and future at risk. You don’t have to navigate Washington County’s courts alone. Contact Worgul, Sarna & Ness today for a strategic defense, guidance on ARD and PennDOT, and a plan to move forward. Call 724-399-3491 or request your free consultation.