DUI Defense and Expungement Attorneys Chester County

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Are you facing a DUI charge or in need of expungement services in Pennsylvania? Our experienced Chester County DUI attorneys are committed to delivering robust DUI defense in Chester County to safeguard your future. 

Call Us: (484) 947-5383 to Schedule a Confidential Consultation.

A DUI arrest can feel overwhelming, but a charge is not a conviction. At Noone & Borger, our attorneys bring decades of combined experience in Pennsylvania criminal law to every DUI case we handle. We understand the system because we've worked inside it. Attorney Michael Noone spent years as an Assistant District Attorney and First Assistant District Attorney in Chester County, personally prosecuting DUI cases. That insider perspective gives our clients a powerful strategic advantage.

Whether this is your first offense or you're facing enhanced penalties, or your child has been charged with a juvenile DUI, we are committed to building the strongest possible defense on your behalf.

Pennsylvania law (75 Pa. C.S. § 3802) divides DUI offenses into three tiers based on Blood Alcohol Content (BAC):

General Impairment (BAC 0.08% – 0.099%) First offense: Ungraded misdemeanor | Up to 6 months probation, $300 fine

High BAC (BAC 0.10% – 0.159%) First offense: Ungraded misdemeanor | 48 hours to 6 months in jail, $500–$5,000 fine

Highest BAC (BAC 0.16% and above) or Drug DUI First offense: Ungraded misdemeanor | 72 hours to 6 months in jail, $1,000–$5,000 fine

Penalties increase significantly for second and third offenses and may include mandatory ignition interlock, license suspension, and even felony charges. Don't face these consequences without skilled legal representation.

Every case is different, and we evaluate every detail before building your defense. Potential strategies include:

Challenging the Traffic Stop — Police must have reasonable suspicion to pull you over. If the stop was unlawful, evidence obtained may be suppressed.

Questioning Field Sobriety Tests — These tests are highly subjective and prone to error. Fatigue, medical conditions, and uneven road surfaces can all affect results.

Challenging Breathalyzer Results — Breathalyzer devices must be properly calibrated and maintained. Operator errors and equipment failures can render results unreliable.

Challenging Blood Test Results — Chain of custody issues, improper storage, and lab errors can all be grounds to challenge blood draw evidence.

Medical or Physical Conditions — Certain medical conditions mimic signs of intoxication and may explain officer observations.

Rising BAC Defense — If your BAC was rising at the time of testing but below the legal limit while driving, this can be a viable defense.

Drug DUI: Challenging the Drug Recognition Evaluation (DRE) — Pennsylvania drug DUI charges often rely on testimony from a Drug Recognition Expert. DRE evaluations involve a 12-step process that is highly subjective and susceptible to officer error, improper training, and faulty conclusions. We scrutinize every step of the evaluation for weaknesses.

Drug DUI: Questioning Toxicology Results — Unlike alcohol, many substances remain detectable in the blood long after any impairing effects have worn off. We challenge whether the presence of a substance actually proves impairment at the time of driving — a critical distinction under Pennsylvania law.

Prescription Medication Defense — Legally prescribed medications can trigger a drug DUI charge even when taken as directed. We work to establish that your use was lawful and that impairment was not demonstrated.

Former Prosecutor Advantage — Attorney Michael Noone served as First Assistant District Attorney in Chester County from 2012 to 2019, overseeing criminal trial teams and personally handling some of the county's most serious cases. He knows how prosecutors think, what they look for, and how to counter their strategies. Attorney Daniel Hollander brings additional insider perspective, having served as an Assistant District Attorney in Chester County where he gained extensive experience in litigation and criminal advocacy. Together, our attorneys understand the prosecution's playbook from the inside — and use that knowledge to protect you.

Deep Local Knowledge — Based in downtown West Chester, we have deep familiarity with the Chester County courts, judges, and prosecutors. That local knowledge translates to better outcomes for our clients.

Full-Service Criminal Defense — DUI cases often involve multiple legal issues. Our team handles everything from arraignment through trial, including ARD (Accelerated Rehabilitative Disposition) applications, license suspension hearings, and sentencing mitigation.

Personalized Attention — You are not a case number to us. We take the time to understand your circumstances and craft a strategy that serves your unique needs.

If you have no prior criminal record, you may be eligible for Pennsylvania's Accelerated Rehabilitative Disposition (ARD) program. Successfully completing ARD allows first-time DUI offenders to:

• Avoid a criminal conviction
• Have their charges dismissed
• Become eligible for expungement of the DUI arrest
• Avoid or significantly reduce license suspension

ARD is not automatic — you must apply and be accepted by the District Attorney's office. Our attorneys can help you determine eligibility and guide you through the application process to maximize your chances of acceptance.

An expungement removes your DUI arrest or conviction from your public criminal record, giving you a true fresh start. At Noone & Borger, we handle the full expungement process for eligible clients in Chester County and throughout southeastern Pennsylvania.

Who Is Eligible for DUI Expungement in Pennsylvania?

Pennsylvania law permits expungement in several circumstances:

After Completing ARD — If you successfully completed the ARD program, you are eligible to petition for expungement of the DUI charge. This is one of the most common and straightforward paths to clearing your record.

Summary Offenses — Summary convictions may be expunged if you have been free of arrest or prosecution for five years following the conviction.

Acquittals and Dismissed Charges — If your DUI charge was withdrawn, nolle prossed, or you were found not guilty, you may petition for expungement immediately.

Age 70 or Older / Deceased — Individuals age 70 or older who have been crime-free for 10 years, or the estates of deceased individuals, may petition for expungement.

Act 5 of 2016 (Limited Criminal History) — Pennsylvania's Clean Slate law allows for the automatic sealing of certain non-violent misdemeanor convictions after 10 crime-free years, though expungement provides broader protection.

What Does Expungement Do?

Once a Pennsylvania court grants an expungement:

• Criminal justice agencies must destroy or seal the records
• You may legally deny the arrest or charge ever occurred in most contexts
• The arrest or conviction will not appear on standard background checks
• Employment, housing, and educational opportunities become more accessible

What Expungement Cannot Do

It's important to understand the limits of expungement in Pennsylvania:

• It does not restore your right to possess firearms if you were convicted of      certain offenses
• Some government agencies may retain access to sealed records
• It  does not remove records from private background check companies that may      not update promptly

Expungement requires filing a formal petition with the Court of Common Pleas in the county where the charge or conviction occurred. The process generally involves:

1. Confirming eligibility based on your specific case and criminal history
2. Preparing and filing the expungement petition
3. Serving the petition on the District Attorney's office
4. Attending a hearing if the DA objects
5. Receiving the court order and ensuring all agencies comply

The process can take several months. Our attorneys handle every step so you don't have to navigate the court system alone.

One of the most important goals in a juvenile/underage DUI case is protecting your child's record. Juvenile/underage DUI's are serious and must be dealt with timely and zealously. The attorneys at Noone & Borger have handled these types of DUI cases countless times and are well versed in the unique issues they present. Juvenile/underage DUI's are not the same as an adult charge and are frequently treated more harshly. Your criminal exposure and driver's license are in jeopardy when faced with a DUI. 

At Noone & Borger, we represent minors and their families throughout Chester County and southeastern Pennsylvania. We work to achieve the best possible outcome while keeping your child's long-term future firmly in focus. If your son or daughter has been charged with a DUI, contact us immediately — early intervention can make a significant difference in how the case is resolved.

How long does a DUI stay on my record in Pennsylvania? 

A DUI conviction stays on your criminal record permanently unless successfully expunged. Prior DUI convictions can also be used to enhance penalties on future DUI charges for up to 10 years.

Will a DUI affect my driver's license?

Yes. Pennsylvania DUI convictions typically result in a license suspension ranging from 12 to 18 months depending on BAC level and prior offenses. First-time ARD participants may face a shorter suspension or none at all for general impairment offenses.

Can I refuse a breathalyzer in Pennsylvania?

Pennsylvania has implied consent laws — by operating a vehicle in the state, you consent to chemical testing. Refusal results in an automatic 12-month license suspension and may be used against you in court.

How much does a DUI attorney cost? 

Legal fees vary based on the complexity of your case. However, the cost of quality legal representation is almost always far less than the long-term financial impact of a conviction — including fines, increased insurance premiums, lost employment opportunities, and potential jail time.

Can I get a DUI expunged in Pennsylvania? 

It depends on the outcome of your case and your criminal history. Completing ARD is the most reliable path to expungement for a DUI in Pennsylvania. Contact our office to discuss your specific situation.

Can a juvenile/underage DUI be expunged in Pennsylvania?

Yes, a juvenile/underage DUI can be expunged in most circumstances. However, the process is not automatic and requires a deep understanding of the legal process. The knowledgeable attorneys at Noone & Borger can walk you through the expungement process to determine if this is an option for you.

Noone & Borger is located in downtown West Chester and represents clients throughout Chester County and the surrounding region, including:

• West Chester
• Coatesville
• Phoenixville
• Downingtown
• Exton
• Malvern
• Oxford
• Kennett Square
• Avondale
• Parkesburg

Noone & Borger also represents individuals charged with DUI and other offenses throughout Southeastern Pennsylvania, including:

Delaware County — Media, Chester, Upper Darby, Haverford, Radnor, Ridley Park

Lancaster County — Lancaster, Lititz, Ephrata, Elizabethtown, Manheim, Columbia

Montgomery County — Norristown, King of Prussia, Lansdale, Pottstown, Horsham, Conshohocken

Berks County — Reading, Wyomissing, Kutztown, Boyertown, Pottsville 

Time matters in a DUI case. Evidence can disappear, deadlines pass, and the window for certain defenses can close quickly. The sooner you have an experienced attorney on your side, the better positioned you will be.

Noone & Borger 32 S. Church Street West Chester, PA 19382 

Phone: (484) 947-5383 

Whether you're facing your first DUI charge, exposed to enhanced penalties for repeat offenders, or seeking to clear your record through expungement, our team is ready to help. Contact us today for a confidential consultation.

This page is intended for informational purposes only and does not constitute legal advice. Every case is different. Contact Noone & Borger directly to discuss your specific situation.