A DUI charge is a very common offense that can happen to anyone. If you or a loved one is charged with DUI in Pennsylvania, it is important to consult an experienced attorney to help you with your options. If you are a first time offender, you may be eligible for Accelerated Rehabilitative Disposition (ARD). As a former prosecutor, I can help you deal with a DUI charge.
Pennsylvania DUI laws hinge on the Blood Alcohol Content (BAC) of the person charged. The following charts show the penalties for each of the BAC categories:
General Impairment penalties (Undetermined BAC, .08 to .099% BAC)
| No prior DUI offenses |
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| 1 prior DUI offense |
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| 2 or more prior DUI offenses |
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Pennsylvania DUI laws create a higher set of penalties for those having higher BAC levels. It allows for treatment at all levels, and requires alcohol highway safety school for all first and second time offenders.
High BAC penalties (.10 to .159% BAC)
| No prior DUI offenses |
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| 1 prior DUI offense |
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| 2 or more prior DUI offenses |
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| 3 or more prior DUI offenses |
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For those at the highest BAC levels, Pennsylvania DUI laws have strict penalties, but also allows for treatment. This even-handed approach allows for individuals to receive counseling for their alcohol problem, while still penalizing those who choose to continue the dangerous practice of drinking and driving.
In addition, drivers under the influence of controlled substances and those who refuse breath or chemical testing are subject to the highest BAC category penalties.
Highest BAC penalties (.16% and higher) or Controlled Substance
| No prior DUI offenses |
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| 1 prior DUI offense |
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| 2 or more prior DUI offenses |
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Accelerated Rehabilitative Disposition (ARD)
ARD is a once in a lifetime opportunity for first time offenders. Under the ARD program, you may receive the benefit of a shorter license suspension. You are also given the opportunity to have the DUI charges dismissed upon the completion of all conditions of the ARD program. A person charged with a DUI is eligible for ARD under the following circumstances:
- It is a first offense.
- No person, other than the offender, was killed or seriously injured.
- There was no passenger in the offender’s vehicle under the age of 14 at the time of the offense.
License Suspensions for ARD:
- No suspension if BAC is under .10% and offender is not a minor.
- 30 day suspension if BAC is .10% to .159%
- 60 day suspension of BAC is .16% or greater, BAC unknown, DUI involving drugs or violations of Implied Consent (i.e., refusal of breath test).
- 90 day suspension of offender is a minor
Additional Conditions of ARD for a DUI Offense:
- Alcohol Highway Safety School
- Probation supervision of a minimum of 6 months to a maximum of 12 months.
- Full Drug and Alcohol Assessment, if BAC is .16% or greater or if CRN Profile report indicates the need for further evaluation for drug and alcohol counseling or treatment.
- Payment of restitution, if necessary.
- Payment of fees, surcharges and costs required by the court.
If you are facing a DUI charge, do not hesitate to contact me for a risk free consultation to discuss your rights and options.