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1st offense:

  • 6 months of probation.
  • $300 fine.
  • Mandatory alcohol highway safety school.
  • Alcohol and drug treatment.

2nd offense:

  • Drivers license suspended for 1 year.
  • 5 days to 6 months in prison.
  • Fine ranging $300 to $2,500.
  • Mandatory alcohol highway safety school.
  • Alcohol and drug treatment.
  • Ignition Interlock system for 1 year.

3rd offense:

  • 2nd degree misdemeanor charge.
  • Driver's license suspended for 1 year.
  • Prison from 10 days to 2 years.
  • Fine ranging $500 to $5,000.
  • Alcohol and drug treatment.
  • Ignition Interlock system for 1 year.

High BAC 0.10% to 0.159%

1st offense:

  • License suspended for 1 year.
  • 48 hours to 6 months in prison.
  • Fine ranging $500 to $5,000.
  • Mandatory alcohol highway safety school.
  • Alcohol and drug treatment.

2nd offense:

  • Automatic driver's license suspension for 1 year.
  • 30 days to 6 months in prison.
  • Fine ranging $750 to $5,000.
  • Mandatory alcohol highway safety school.
  • Alcohol and drug treatment.
  • Ignition Interlock system for 1 year.

3rd offense:

  • 1st degree misdemeanor charge.
  • Automatic license suspension of 18 months.
  • 90 days to 5 years in prison.
  • Fine ranging $1,500 to $10,000.
  • Alcohol and drug treatment.
  • Ignition Interlock system for 1 year.

4th offense (and subsequent offenses):

  • 1st degree misdemeanor charge.
  • Automatic suspension for 18 months.
  • 1 to 5 years in prison.
  • Fine ranging $1,500 to $10,000.
  • Alcohol and drug treatment.
  • Ignition Interlock system for 1 year.

Highest BAC 0.16% and over OR Controlled Substance

1st offense:

  • License suspended for 1 year.
  • 72 hours to 6 months in prison.
  • Fine ranging $1,000 to $5,000.
  • Mandatory alcohol highway safety school.
  • Alcohol and drug treatment.

2nd offense:

  • 1st degree misdemeanor charge.
  • Automatic suspension of 18 months.
  • 90 days to 5 years in prison.
  • Fine ranging $1,500 to $10,000.
  • Mandatory alcohol highway safety school.
  • Alcohol and drug treatment.
  • Ignition Interlock system for 1 year.

3rd offense (and subsequent offenses):

  • 1st degree misdemeanor charge.
  • Automatic suspension of 18 months.
  • 1 to 5 years in prison.
  • Fine ranging $2,500 to $10,000.
  • Alcohol and drug treatment.
  • Ignition Interlock system for 1 year.

Those convicted of a DUI under the age of 21 years old will:

  • Have their license will be suspended for 1 year.
  • Go to jail for 2 days to 6 months.
  • Be fined $500 to $5,000.

License Suspensions

Suspensions will be imposed as follows:

  • BAC below .10% and incapable of safe driving: No suspension for first offense if the driver meets certain criteria; 12 month license suspension for second or subsequent offense.
  • BAC greater than or equal to .10% and less than .16%: 12 month license suspension for first and second offense. 18 month suspension for third or subsequent offense.
  • BAC greater than or equal to .16%: 12 month license suspension for first offense. 18 month suspension for second or subsequent offense.

Out-of-state DUI convictions: No suspension for first offense; 12 month license suspension for second or subsequent offense.

 Occupational Limited Licenses (OLL's)

First time DUI offenders may be eligible for an OLL after serving 60 days of their suspension. Individuals whose licenses are suspended for 18 months (for DUI or refusing breath or chemical testing) and have no more than one prior offense may be eligible for an OLL with an ignition interlock after serving 12 months of their suspension. In addition, first time underage drinking violators may be eligible for an OLL.

Ignition Interlock

Drivers who receive a second or subsequent DUI violation on or after September 30, 2003, can no longer serve an additional one year suspension in lieu of obtaining an ignition interlock device. Drivers are required to install ignition interlock on all vehicles owned (including leased) before driving privileges can be restored.

ARD Program and Case Dismissal

If you are facing a first offense DUI charge in the Commonwealth of Pennsylvania you may be permitted to enter an alternative prosecution of your case and that is the ARD program. ARD is an acronym, is a pretrial program, for Accelerated Rehabilitative Disposition.

Accelerated Rehabilitative Disposition (ARD) License Suspension

Requires courts to impose suspensions for BAC ARDs based on the following BAC ranges:

  • If driving underage -90 days license suspension If BAC is .08 -.099 -no license suspension

    If BAC is .10% -.159% -30 days license suspension

    If BAC is .16% -.299% -60 days license suspension

    If BAC is .30% or over – 60 days license suspension and 1 year guardian interlock

    If BAC is unknown or defendant is charged with Driving Under the Influence of Drugs -60 days suspension

    If defendant has an accident involving bodily injury or property damage or vehicle damage -60 days suspension.

CDL Suspension 

Entering and completing the ADR program for a DUI will not protect a Client's CDL from suspension. The suspension period for a first time DUI, after 2005, is one (1) year and there is a lifetime suspension for a second DUI. In order to avoid a suspension a Client must be found not guilty or have the charge changed or reduce to something other than DUI.

Who is eligible for the ARD Program

Only first time DUI offenders may be eligible for the ARD program. The district attorney makes the decision as to whether or not a person will be admitted into the ARD program. Just because you are facing a first offense DUI charge does not mean that you are automatically admitted into the ARD program. You will not be eligible for the ARD program if your DUI caused serious injury to anyone other than yourself or if there was a fatality involved. You will not be admitted into the ARD program if you had a child under the age of 14 in the vehicle at the time of the DUI stop. If either scenario applies in your case, you will have to go through the criminal court system for the DUI. 

If you are facing a first offense DUI charge and accept admittance into the ARD program versus going to trial and at anytime in the future you get arrested on another DUI charge, you will be charged as a repeat offender. 

What will I have to do as part of the ARD program for my DUI

If you are accepted into the ARD program, it is very similar to being on probation for your DUI. You will not have to serve any jail time for the DUI charge, but you will receive supervision for a period while you are in the program and be required to complete community service. Community service hours vary from county to county. You will be required to obtain a CRN evaluation. And you have to complete a DUI safe driving course. If you complete the required conditions of the ARD program, the criminal DUI charges against you will be dropped. It will be as if you were never charged with DUI and you'll have a clear record.

What is a CRN Evaluation

CRN is an acronym for court reporting network. A CRN evaluation involves completing a questionnaire that assesses your drug and alcohol use. A certified CRN evaluator will ask you a series of questions and your responses scored. The results of the evaluation are sent to the Office of the District Attorney and provided to the judge at the time of an ARD hearing.

What happens if I don't comply with my ARD program

If you fail to fulfill any of the requirements of the ARD program, the DA will seek to have you removed from the program and if this happens you will be facing the original DUI charges that you were up against. Noncompliance includes: not attending supervision meetings, failing to attend a court mandated DUI School, failing to pay any court ordered restitution, or otherwise violating any condition of your ARD program that is required by the court.

When you're in violation of your ARD program, your original DUI charges will be reinstated and you will have to go to court. You'll be prosecuted on the original charges and you will be sentenced if you are convicted of the original DUI charge.

Exemptions and penalties

  • Financial Hardship Exemption: Drivers may apply for an exemption from the requirement to install the ignition interlock device on all of their vehicles. If the exemption is granted, ignition interlock installation will only be required on one vehicle. 
  • Employment Exemption: Under certain circumstances, ignition interlock restricted drivers may operate employer owned vehicles but only in the course and scope of employment. The employee must notify the employer of the ignition interlock restriction and carry proof of employer notification on a PennDOT form. The employer owned vehicle cannot be a school bus/vehicle or large passenger vehicle.
     
  • Ignition Interlock Violations: Individuals convicted of driving without or tampering with the ignition interlock device will have their ignition interlock period extended 12 month from the date of conviction for the first offense and will have their driving privileges suspended for 12 months for the second or subsequent offenses. Upon restoration they must comply with ignition interlock for 12 months. Individuals, whose driving privileges are suspended during the ignition interlock period for a non-ignition interlock violation, must complete the ignition interlock period upon restoration.

 

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