Hiring a DUI Lawyer in Pennsylvania
What a first DUI can cost in Pennsylvania, how criminal lawyers charge, your right to a public defender, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Pennsylvania: fee rules
| Rules on contingency fees | Under Pennsylvania Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in writing and state how the fee is determined, including the percentage(s) for settlement, trial or appeal, litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated. At the end, the lawyer must give the client a written statement showing the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony or support, and contingent fees for defending a criminal case. Rule 1.5(b) also requires the basis or rate of the fee to be communicated in writing to clients the lawyer has not regularly represented. |
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| If you disagree with a lawyer's bill | Fee disputes are not normally handled through Pennsylvania's discipline process; the Disciplinary Board directs clients to contact the bar association in the county where the attorney practices. |
| If a lawyer takes your money | The Pennsylvania Lawyers Fund for Client Security reimburses victims of attorney dishonesty in the practice of law. The maximum award is $150,000 per claimant, with a $1,000,000 aggregate cap per attorney (effective February 24, 2014) that only the Supreme Court can exceed. Awards are discretionary. Filing is free and a lawyer is not required; mail the original signed Statement of Claim Form with supporting documents (scanned, emailed or faxed copies are accepted, though originals may be requested). |
Pennsylvania rules to know first
| First-offense DUI penalties | Penalties depend on blood alcohol level. General impairment (0.08-0.099): six months' probation, $300 fine, no license suspension. High rate (0.10-0.159): 2 days to 6 months in jail, $500-$5,000 fine, 12-month suspension. Highest rate (0.16+, controlled substances, or test refusal): 3 days to 6 months in jail, $1,000-$5,000 fine, 12-month suspension. Alcohol highway safety school is required, and screening/treatment and up to 150 hours of community service may be ordered. A first offender at the high or highest rate may be accepted into the Accelerated Rehabilitative Disposition (ARD) program (license suspension up to 90 days, six months' supervision, $300-$5,000 fine). Per the PennDOT Driver's Manual; the manual describes ignition interlock as required for second and third offenses. |
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| Refusing a breath test | Refusing a breath, blood, or urine test after a DUI arrest leads to an automatic one-year license suspension, in addition to any suspension for the DUI conviction or ARD, even if the person is found not guilty of DUI. With a prior DUI conviction or prior refusal, the refusal suspension is 18 months. A driver who refuses is also subject to the 'highest rate' DUI penalties if convicted. |
| Hardship license | PennDOT's Driver's Manual notes that an occupational limited license may be available after 60 days of suspension for certain repeat DUI suspensions. General eligibility rules for an occupational limited license (75 Pa.C.S. § 1553) were not confirmed from a page read. |
Find and check a lawyer
| Lawyer referral service | The Pennsylvania Bar Association's Lawyer Referral Service (LRS) connects people with a qualified attorney in the right location. Complete the online form (available 24/7) or call 800-932-0311 (select option 2) and describe your legal issue to get an immediate referral, then contact the attorney directly. The initial 30-minute consultation costs no more than $30. The PBA LRS operates in 47 of Pennsylvania's 67 counties. |
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| Check that the lawyer is licensed | The Disciplinary Board of the Supreme Court of Pennsylvania offers a public attorney search to view an attorney's contact information and disciplinary history. Search by last name, first name, attorney ID number, city, county or license status; status definitions are on a linked page. |
| Check discipline history or file a complaint | Complaints about Pennsylvania attorneys go to the Disciplinary Board of the Supreme Court of Pennsylvania and its Office of Disciplinary Counsel. File online with the electronic form, or print, sign and mail the complaint form (available in English and several other languages) to the district office where the attorney practices. You receive an acknowledgment and file number; Disciplinary Counsel investigates and may contact you, the attorney and others, and you get official notice of the outcome. Complaints are kept confidential except as the rules allow, and the process does not provide money or legal advice. The Board's attorney search shows disciplinary history; some prior discipline documents are online and others can be requested from the Executive Office ($0.50 per page). Board main line: 717.231.3380. |
Free legal help
| Free legal aid | Free civil legal aid for low-income Pennsylvanians is provided by regional legal aid programs. The Legal Services Corporation (LSC) lists seven Pennsylvania grantees: Legal Aid of Southeastern Pennsylvania, MidPenn Legal Services, Neighborhood Legal Services Association, North Penn Legal Services, Northwestern Legal Services, Philadelphia Legal Assistance Center, and Summit Legal Aid. |
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All legal help in Pennsylvania · Do I need a lawyer?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.