Aggressive Defense for High-Stakes DUI Charges in Berks County
Driving under the influence is always a serious matter, but when a DUI charge rises to the level of a felony, your future is at risk in a much more significant way. Pennsylvania law allows certain DUI offenses to be prosecuted as felonies, which means longer prison sentences, harsher license penalties, and a permanent criminal record. If you are facing a felony DUI charge in Reading, you cannot afford to face the system without strong legal representation.
At Nevins & McAllister, we understand how quickly a situation can spiral out of control. Our attorneys have handled some of the most complex DUI cases in Berks County, including those involving prior convictions, serious injuries, and refusal to submit to testing. We bring both skill and strategy to every case, to protect your future at every step.
If you or a loved one has been charged with felony DUI, call 610-372-5128 today to schedule a confidential consultation.
When Does a DUI Become a Felony in Pennsylvania?
In most cases, a DUI is charged as a misdemeanor in Pennsylvania. However, several factors can escalate it to a felony offense:
- Third DUI offense within 10 years (with high BAC or refusal)
- DUI involving a crash that causes serious bodily injury
- DUI with a child under 18 in the vehicle (second or subsequent offense)
- Vehicular assault while DUI
- DUI homicide or fatal accident under the influence
These cases carry steep penalties, including mandatory state prison time. Even if this is your first brush with the law, a felony DUI charge could change your life forever.
Understanding Pennsylvania’s Tiered DUI System
Pennsylvania uses a tiered system to assess the severity of DUI offenses. The key factors include the driver’s blood alcohol concentration (BAC) and the number of prior offenses. The three levels are:
- General Impairment: BAC of 0.08% to 0.099%
- High Rate of Alcohol: BAC of 0.10% to 0.159%
- Highest Rate of Alcohol: BAC of 0.16% or higher, or refusal to test
Felony DUI charges most often stem from repeat offenses or serious bodily harm resulting from impaired driving. Our legal team thoroughly evaluates BAC results, police conduct, and any testing irregularities to challenge the state’s evidence.
Potential Penalties for Felony DUI in Berks County
Felony DUI convictions come with consequences that extend beyond jail time. Here is what you could be facing:
- State prison sentence of up to 7 years
- Fines ranging from $2,500 to $15,000
- License suspension for 18 months or more
- Mandatory installation of an ignition interlock device
- Substance abuse evaluation and treatment
- Permanent felony conviction on your record
Beyond the legal penalties, a felony DUI can affect your job, your insurance rates, and even your ability to travel or find housing. The impact is deep and lasting, which is why immediate legal intervention is so important.
Strategic Defenses to Felony DUI Charges
Not every DUI arrest is lawful, and not every test result is accurate. At Nevins & McAllister, we look closely at the facts to identify weaknesses in the case against you. Common defense strategies include:
- Lack of probable cause for the stop or arrest
- Unreliable breath or blood test results
- Improper police procedure or rights violations
- Medical conditions that mimic signs of intoxication
- Faulty chain of custody in evidence handling
We also investigate whether any constitutional violations occurred during your arrest. If law enforcement did not follow proper procedures, we can seek to have evidence suppressed or charges dismissed.
How We Approach Felony DUI Cases
When you work with our firm, you get more than just legal advice. You get a team that listens, investigates, and fights with everything we have. Every case begins with a full review of the traffic stop, arrest, and testing process. From there, we gather documentation, request dashcam footage, and consult with toxicology experts if needed.
We then explore all possible paths forward:
- Dismissal of charges due to insufficient evidence
- Reduction from felony to misdemeanor through negotiation
- Participation in diversion or treatment programs (where applicable)
- Trial defense if no fair resolution can be reached
The goal is not just to get you through the case, but to protect your long-term reputation and freedom.
Repeat DUI Offenses and Sentencing Enhancements
In Pennsylvania, prior DUI convictions can increase the severity of the current charge. For example, a third offense within 10 years, with a BAC over 0.16%, will almost always be filed as a felony. The penalties may include:
- 1 to 7 years in state prison
- $5,000 to $15,000 in fines
- 18-month license suspension
- Mandatory drug and alcohol treatment
The stakes are even higher if your case involves injury, property damage, or refusal to submit to testing. If you are facing sentencing enhancements, we will challenge the admissibility of past convictions and fight to prevent the court from treating you unfairly.
What to Do After a Felony DUI Arrest in Reading
If you have been arrested for felony DUI in Reading, here are a few steps to take immediately:
- Do not speak to police without a lawyer
- Do not admit guilt or discuss your case on social media
- Request a copy of the criminal complaint and testing results
- Contact a criminal defense attorney right away
Time is critical. The sooner you speak with our attorneys, the better we can protect your rights and develop a strategy.
Why Clients Trust Nevins & McAllister
Felony DUI charges demand experience, strategy, and local insight. At Nevins & McAllister, we combine all three to give our clients the strongest defense available. What sets us apart:
- Extensive knowledge of Pennsylvania DUI law
- Proven success handling felony-level charges
- Personalized attention and clear communication
- Strong negotiation skills paired with trial readiness
- Local experience in Reading’s criminal courts
We do not hand cases off or treat you like a number. When your future is on the line, our team stands ready to defend it with skill and dedication.
Frequently Asked Questions
How is a felony DUI different from a misdemeanor DUI in Pennsylvania?
A felony DUI involves more serious circumstances, such as multiple prior offenses or causing injury. Felony charges result in longer prison terms, higher fines, and permanent criminal records. They also affect your ability to vote, possess firearms, and secure employment.
Can I still drive if I am charged with a felony DUI?
Most felony DUI charges include an automatic license suspension. In some cases, we may be able to help you apply for an ignition interlock or occupational license so that you can continue to drive under limited conditions.
Should I plead guilty to avoid prison time?
Every case is different, and pleading guilty too soon can lead to harsh outcomes. Our attorneys will evaluate the strength of the prosecution’s case and negotiate only if it is in your best interest. If a trial is necessary, we are fully prepared to defend you in court.
Talk to a Felony DUI Lawyer in Reading, PA Today
If you are facing a felony DUI charge in Berks County, the consequences can change your life in an instant. But with the right legal team, you do not have to face this situation alone. At Nevins & McAllister, we help good people through difficult times with clarity, strength, and results that matter.
To schedule your consultation, call 610-372-5128 today. We are ready to stand between you and the weight of the criminal justice system.